Terms and conditions | Travel Community

Terms of use

1. INTRODUCTION

This Agreement is a legal document which sets out your rights and obligations, and 
those of Exploroo Pty Ltd registered in 
Australia. You must take the time to read and understand it. By using our website 
or registering for the Exploroo Service, you agree to the terms of this Agreement. 
You should be aware that this Agreement may change from time to time in accordance 
with Clause 31 below.

2. GENERAL

The Exploroo website ("Site") is owned and operated by Exploroo ("Site Owner"). 
Your access to the Site is conditional upon your acceptance and compliance with the 
terms, conditions, notices and disclaimers contained in this document and elsewhere 
on the Site (known collectively as "Terms of Use"). Your use of, and/or access to, 
the Site constitutes your agreement to the Terms of Use. Exploroo reserves the 
right to amend the Terms of Use at any time. Since you are bound by these Terms of 
Use, you should periodically refer to them in this document and elsewhere on the 
Site.

3. TYPES OF MEMBERSHIPS

THIS WEBSITE HAS TWO TYPES OF USER, FREE MEMBER AND PAID MEMBER. BOTH TYPES SHALL 
BE UNDER ALL TERMS AND CONDITIONS HEREIN. THE SPECIFICATION OF EACH TYPE IS AS 
FOLLOWING;

Free Members:
1. Can Post in Forums, Blogs, Photos, Videos, Articles, Events Sections (Unlimited)
2. Can message members (Unlimited)
3. Can add up to 20 friends per day to your friend list
4. Can join competitions for chance to win prizes
5. Free Members can join our affiliate program to get 30% commission on $19 / 1 year membership (An amazing $5.70 per sign up) or 30% on $50 / lifetime membership, joining fees to our site. (An amazing $15 per sign up). We also pay from 60c per lead!

Gold Membership: $19 / per year or $50 / lifetime (Ideal for Travelers)
1. Can Post in Forums, Blogs, Photos, Videos, Articles, Events Sections (Unlimited Posts)
2. Can message members (Unlimited messages)
3. Can add up to 50 friends per day to your friend list
4. Can join competitions for chance to win prizes
5. Can have hyper links pointing to their site from blogs, articles and events sections (3 links per blog and article and events)
6. Gold Members can join our affiliate program to get 30% commission on $19 / 1 year membership (An amazing $5.70 per sign up) or 30% on $50 / lifetime membership, joining fees to our site. (An amazing $15 per sign up). We also pay from 60c per lead!

Enterprise Membership: $79 per year (Ideal for Travel Agents)
1. Can Post Press Releases in Article Sections (Unlimited Posts)
2. Can Add Logo in Profile Photo
3. Can Add Website in profile page and company details
4. Can Post in Forums, Blogs, Photos, Videos, Articles, Events Sections (Unlimited Posts)
5. Can message members (Unlimited messages)
6. Can add up to 50 friends per day to your friend list
7. Can join competitions for chance to win prizes
8. Can have hyper links pointing to their site from blogs, articles and events sections (3 links per blog and article and events)
9. Enterprise Members can join our affiliate program to get 30% commissions. We also pay 20c per lead!

We reserve the right to make any Free Member feature a Gold Member or Enterprise Member, or 
vice-versa. No Paid Member will be entitled to any refund of Membership fees in such 
circumstances.

Upon joining as a free member you must select whether you are a traveler or travel agent. 
Travel agents must have to select as a travel agent else his/her profile will be terminated.
Traveleres must select that they are a traveler else his/her profile will be terminated.

We are not an internet service provider; 
in order to use the Exploroo Service, you must have internet access and all the software 
(and skills) required for email and web usage.

4. INTELLECTUAL PROPERTY AND THE USE OF CONTENT IN THE SITE

All information, text, material, graphics, software and advertisements on the Site 
("Content") are Copyright 2009 Exploroo, its suppliers and/or licensors unless 
expressly indicated otherwise on the Site. The Content is protected by Australian 
and international copyright and trademark laws. Content on the Site is published in 
real-time, and you must not modify, copy, reproduce, republish, frame, upload to a 
third party, post, transmit or distribute this Content in any way except as 
expressly provided for on the Site or expressly authorised in writing by Exploroo 
or its Affiliates. Strictly on the condition that you keep all Content intact and 
in the same form as presented on the Site (including without limitation all 
copyright, trademark and other proprietary notices and all advertisements), you 
may: a) using an industry-standard Web browser, download and view the Content for 
your personal, non-commercial use) b) if you are an Internet service and/or access 
provider, supply the Content to your subscriber. You must not use the Site in any 
manner or for any purpose which is unlawful or in any manner which violates any 
right of Exploroo or an Affiliate or which is prohibited by the Terms of Use.

5. FORUM, BLOG, ARTICLES, EVENTS

The Site contains interactive communication services which provide for feedback by 
users to the Site, real-time interaction between users (including individuals 
referred to as free members and members) and other electronic messaging and notice 
services ("Communication Services"). It is a condition of your use of any Communication Services and your access to the 
Site that you do not do any of the following: 
- Restrict or inhibit any other user from using or enjoying any Forum;
- Post or transmit any unlawful, threatening, abusive, defamatory, obscene, 
vulgar, discriminatory, politics, pornographic, profane or indecent information or 
material of any kind, including without limitation any transmissions constituting 
or encouraging conduct that would constitute a criminal offence, give rise to civil 
liability or otherwise violate any applicable law;
- Post or transmit any material of any kind which violates or infringes upon 
the rights of any other person, including material which is an invasion of any 
privacy or publicity rights or which is protected by copyright, trademark or any 
other proprietary right, or derivative works with respect thereto, without first 
obtaining permission from the owner or relevant right holder;
- Post or transmit any material of any kind which contains a virus or other 
harmful component;
- Post, transmit or in any way exploit any material of any kind for 
commercial purposes, or which contains any promotional material or advertising;
- Delete any author attributions, legal notices or proprietary designations 
or labels in any file that is uploaded; or
- Download any file posted by any other user of a Forum if you know, or 
reasonably ought to know, that the file cannot legally be distributed in such 
manner.

In particular, your use of the Exploroo Forum is conditional upon your adherence to 
the Forum rules and Moderation policy Exploroo may from time to time monitor or 
review the contents of its Communication Services.

While Exploroo reserves its right to edit, refuse to post or to remove 
any information and/or materials (in whole or in part) that in Exploroo's sole 
discretion is in any way objectionable or in violation of any applicable law or the 
Terms of Use, Exploroo has no obligation whatsoever to monitor any Communication 
Facility or to edit, delete or refuse to post such contents, nor is Exploroo 
responsible for any contents in any Communication Services (including any 
information, comments and/or advice of any individual referred to as guest or 
expert whose statements on the Site are solely their own).

Exploroo reserves the right to cooperate fully with any law enforcement authority 
in any jurisdiction in respect of any lawful direction or request to disclose the 
identity or other information in respect of anyone posting any materials which 
violate any applicable or relevant law.

6. USER SUBMITTED VIDEOS AND PHOTOS

As a supplier of content on the Website, including videos, photos, comments on 
videos, your nickname and your avatar (small picture back to your user profile), 
you are required to comply with the laws and regulations in force. You are thus 
responsible for ensuring that Your Content stored on or disseminated through the 
Website

(i) does not violate the intellectual property rights of third parties (including 
video-clips, television shows, animated and unanimated short, medium and/or 
feature-length films and advertisements that you have not personally created or for 
which you have not obtained the necessary authorisations from third parties or 
copyright royalty collection organizations who hold the rights to them),

(ii) does not cause personal injury (including defamation, insults, abuse, etc.) or 
an invasion of privacy, or

(iii) is not contrary to public policy and accepted moral standards (including 
attempts to justify crimes against humanity, incite racial hatred, child 
pornography, etc.). By uploading or disseminating images to or through the Website, you warrant that 
you are not uploading any infringing material and expressly warrant that you have 
all necessary rights and/or authorizations from the copyright owner(s) and have 
paid any royalties or other fees pursuant to any licenses or permissions you may 
have with owners of copyright royalty collection organizations.

Failure to comply with these provisions will result in Your Content being removed 
as set out in clause 5 and/or your account being deactivated without prior notice. In 
addition, you may be personally liable to the specific criminal sanctions 
applicable to the content in question (fines and imprisonment), in addition to 
being ordered to pay damages, where applicable. In view of the collective nature of 
the Website and out of consideration for the feelings of all, users are responsible 
for maintaining certain ethical standards with respect to the videos and/or 
comments made available online.

7. LINKS TO OTHER WEBSITES

The Site contains hyperlinks and other pointers to Internet websites operated by 
third parties. These linked websites are not under the control of Exploroo, and 
Exploroo is not responsible for the contents of any linked web or any hyperlink 
contained in a linked website. Exploroo provides these hyperlinks to you as a 
convenience only, and the inclusion of any link does not imply any endorsement of 
the linked website by Exploroo or its Affiliates. You link to any such website 
entirely at your own risk.

The Site also contains third party advertisements (including banner ads and full 
page advertisements) which contain embedded hyperlinks or which include referral 
buttons to websites operated by third parties or their licensees or contractors. 
All third party advertising (including referral buttons and embedded hyperlinks) is 
paid for by the relevant third party advertisers and are not recommendations or 
endorsements by Exploroo or its Affiliates or their respective directors or 
employees.

You are referred to the relevant advertiser for all information 
regarding the advertiser and its products and/or services. In some instances, 
the advertisement will contain representations or offers by the 
third party advertiser which you can accept by linking to the advertiser's website 
and executing the relevant transaction. Such offers are not made by Exploroo, and 
the third party advertiser is solely responsible to you for the delivery of any 
goods or services you purchase on the third party website.

8. TRADEMARKS

All trademarks displayed on the Site are trademarks of their respective owners. 
Nothing contained on the Site should be construed as granting any license or right 
of use of any trademark displayed on the Site without the express written 
permission of Exploroo, the relevant Exploroo affiliate or third-party owner.

9. DISCLAIMERS
Exploroo assumes no responsibility for any consequence relating directly or 
indirectly to any action or inaction you take based on the Contents, information, 
services or other material on this site. While Exploroo strives to keep the 
information on this site accurate, complete, and up-to-date, Exploroo and its 
suppliers and contributors cannot guarantee, and will not be responsible for any 
damage or loss related to, the accuracy, completeness or timeliness of the 
information.

Exploroo provides Internet links to other external sites and services. Exploroo, 
its employees and agents are not responsible for the content or availability of 
these services. Exploroo is not responsible for any activity that might be 
considered to be illegal and/or improper use of the Internet at other remote sites 
and services. Exploroo does not endorse any such sites or the information, 
material, products or services contained on or accessible through such sites. Your 
access and use of such sites, including information, material, products and 
services therein, are solely at your own risk.

10. REGISTRATION

You undertake to register for the EXPLOROO Service using accurate and current 
information about yourself - including your correct name, email address and any 
other requested details. You also undertake only to add yourself to a location on 
the EXPLOROO Service which you have either visited, are currently visiting, or plan 
to visit in the future. It is the user's responsibility to maintain accurate 
information regarding their contact and location details, for example: hotel and 
flight details, as well as timings.

During registration, you may select a EXPLOROO Username which will be associated 
with your EXPLOROO membership. This Username can be used as a method of linking to 
your profile, as a shortcut for logging into the EXPLOROO Service, and for other 
uses that we may make available for Usernames. Each Username must be of at least 5 
characters in length and only contain simple numbers and the basic 26 characters of 
the English alphabet (A to Z).We maintain a reserved list of keywords which may not 
be used as EXPLOROO Usernames.

This list is updated from time to time, and 
accordingly we reserve the right to revoke the use of a Username previously 
selected by a member. This may be because we feel the Username is inappropriate, or 
that it is a special keyword which is required for other business uses, or for 
other reasons; we are under no obligation to disclose to you our reasons for 
revoking your use of a specific Username. Subject to the above, you may change or 
update your Username at any time from the Account Settings screen when logged in to 
your EXPLOROO Membership account.

The content of the profile you provide on registration for the EXPLOROO Service, as 
subsequently amended and added to, will be available to all Members of and visitors 
to the EXPLOROO Service, unless you specify in the Privacy options for your 
EXPLOROO Service account that you wish your profile only to be viewable by either 
Members or friends.

The fact that your EXPLOROO profile has been added or updated, as well as a short 
extract from the title page of your EXPLOROO profile, may be automatically notified 
to third party tracking websites/weblogs (thus increasing the traffic to the 
EXPLOROO Service, and potentially to your own EXPLOROO profile).

This can also be prevented by specifying (Interaction options within 'My Account') that you wish 
your profile only to be viewable by either Members or friends. If you do so, this 
will prevent subsequent notifications to third party tracking websites/weblogs, but 
notifications prior to the time when you make the change to your profile's 
Interaction options may continue to appear on those websites/weblogs.

EXPLOROO profiles may be searchable through third party web-sites with which we 
partner - such as sites for which we provide a social network service. Again, if 
you want to prevent your profile appearing in this kind of search, you can specify 
that your profile should only be viewable by either Members or friends (in the 
Interaction options).

11. WEBSITE ACCESS

I. EXPLOROO grants you permission to use the EXPLOROO Service as set out in this 
Agreement, provided that:

- You will not copy or distribute any part of the EXPLOROO Service in any 
medium without EXPLOROO's prior written authorisation; 
- You will not alter or modify any part of the EXPLOROO Service other than as 
may be reasonably necessary to use the EXPLOROO Service for its intended purpose; 
- You otherwise comply with this Agreement.

II. You agree not to use or launch any automated system, including (without 
limitation) any "robots," "spiders," or "offline readers", that access the EXPLOROO 
Service in a manner that sends more request messages to the EXPLOROO Service's 
servers in a given period of time than a human can reasonably produce in that 
period by using a conventional web browser. Notwithstanding the foregoing, EXPLOROO 
grants the operators of public search engines permission to use spiders to copy 
materials from the site for the sole purpose of creating publicly-available 
searchable indices of the materials, but not caches or archives of such materials. 
EXPLOROO reserves the right to revoke these exceptions either generally or in 
specific cases.

12. INTELLECTUAL PROPERTY RIGHTS

The content of the EXPLOROO Service, except all User Submissions (as defined 
below), including without limitation, the text, software, scripts, graphics, 
photos, sounds, music, videos, interactive features and the like ("Content") and 
the trademarks, service marks and logos contained therein ("Marks") and all 
copyright subsisting therein, are owned by or licensed to EXPLOROO, and protected 
by United Kingdom and foreign laws and international conventions. Save for specific 
User Submissions that you personally have made, as between you and EXPLOROO all 
intellectual property rights subsisting in and in relation to User Submissions 
(including, without limitation, compilations of User Submissions) are owned by 
EXPLOROO. You agree not to circumvent, disable or otherwise interfere with security 
related features of the EXPLOROO Service or features that prevent or restrict use 
or copying of any Content.

13. USER SUBMISSIONS

(i) The EXPLOROO Service may now or in the future permit the submission of videos, 
music or other communications submitted by you and other users ("User Submissions") 
and the hosting, sharing, and/or publishing of such User Submissions.

(ii) You shall be solely responsible for User Submissions made by you or through 
your EXPLOROO Service account ("Your User Submissions") and the consequences of 
posting or publishing them, and in respect of Your User Submissions, you:

- grant us a non-exclusive, royalty-free, irrevocable and perpetual licence 
to copy, modify, distribute, show in public and create derivative works from Your 
User Submissions both as part of the EXPLOROO Service and otherwise, in any form, 
anywhere; including (without limitation) (a) on third party sites and services that 
link to the EXPLOROO Service or through which EXPLOROO profiles are searchable, and 
(b) for promoting the EXPLOROO Service (and derivative works thereof) in any media 
formats and through any media channels;

- represent and warrant that you are fully entitled to grant that licence;

- undertake that you have the written consent, release, and/or permission of 
each and every identifiable individual person in Your User Submissions to use the 
name or likeness of that person to enable the inclusion and use of Your User 
Submissions in the EXPLOROO Service, and the exploitation by us of Your User 
Submissions in the manner contemplated by this Agreement; and

- authorise us to adapt Your User Submissions, and so waive (or undertake 
that you have procured an effective waiver of) all so-called "moral" rights to 
object to any derogatory treatment of Your User Submissions, or to be identified as 
their author.

14. PRIVACY POLICY

EXPLOROO's Privacy Policy forms part of this Agreement, and by agreeing to this 
Agreement, you also give your consent to the way we may handle your personal data 
in that policy. Given the global nature of the World Wide Web, any posting on the 
EXPLOROO Service (including any which contains personal information) is, of course, 
accessible to internet users around the world.

15. EXPLOROO's ROLE

You acknowledge that we are not and cannot be responsible for the behaviour of or 
material contributed by Members - whether on the EXPLOROO Service (such as by way 
of User Submissions) or outside of it. We only provide a venue where the EXPLOROO 
Service may be accessed. In particular, you should be aware that EXPLOROO does not 
generally pre-screen or monitor the material contributed by Members (such as User 
Submissions).

16. ADDITIONAL SERVICES

EXPLOROO or its affiliates may offer new or additional services through the 
EXPLOROO Service from time to time. Your use of those services may be subject to 
additional terms and conditions, or rules of use, which you must comply with, and 
potentially additional fees (which you must pay). Any failure by you to comply with 
a material provision of the terms or rules governing those services, or to pay any 
relevant additional fees, will amount to a breach of this Agreement.

17. OPERATION OF THE EXPLOROO SERVICES

EXPLOROO reserves the right to withdraw or modify one or more aspects of the 
EXPLOROO Service where we have serious legal or technical reasons to do so 
(including technical difficulties experienced by Where Are You Now or on the 
Internet). There may be times when the EXPLOROO Service becomes unavailable, 
whether on (a) an unscheduled basis, because of technical problems (in which case 
we will use reasonable skill and care to overcome the problems we encounter, where 
they are within our control), or (b) a scheduled basis (which we will strive to 
conduct at times that are reasonably convenient to the bulk of the Membership, in 
our reasonable discretion). For security or other reasons, we may require you to 
change password or other information which facilitates access to the EXPLOROO 
Service.

18. MISUSE OF THE EXPLOROO SERVICE

We reserve the right (a) to suspend or terminate any Member's access to the 
EXPLOROO Service, or parts of it, and/or (b) to remove, or require the Member to 
remove, material posted on the EXPLOROO Service, if the relevant Member or material 
appears to us to be in breach of any provision of this Agreement. Any person whose 
access has been suspended or terminated must not re-register for, or re-access, the 
EXPLOROO Service without our prior consent. However, there may be times when 
determined people whose Membership has been terminated or suspended re-register as 
Members, in breach of their obligations under this Agreement; we cannot prevent 
that. You are responsible for everything which is done on or through the EXPLOROO 
Service while your Membership account is logged on to the EXPLOROO Service, or 
through your email address(es).

19. RELEVANCE

The EXPLOROO Service is intended to be used by its Members for the purposes 
referred to in Clause 2 above. Accordingly, Members must not: 
- Include swear-words or terms that could be considered offensive in material 
posted on or transmitted through the EXPLOROO Service, including electronic 
messages, messages posted to Forums & Discussion groups, and any other 
communication tools made available via the EXPLOROO site, except to the extent that 
(as a Gold Member) you are permitted to allow free speech in private chatboards you 
create. This paragraph is not intended to supersede Clauses 21 and 23 below;

- Place material on, or otherwise use, the EXPLOROO Service for any business 
or commercial purpose; 
- Use your access to the EXPLOROO Service, or information gathered from it, 
for the sending of unsolicited bulk email (sometimes known as spam); 
- Collect or harvest any personally identifiable information, including 
EXPLOROO Usernames, from the EXPLOROO Service, nor use the communication systems 
provided by the EXPLOROO Service, for any commercial purpose.

20. FEES

(i) You acknowledge that we are entitled to alter the amount or the basis of the 
calculation of Gold Membership fees from time to time; if we do so, we will ensure 
that the amount or basis is clearly stated at the time when you agree to take the 
relevant EXPLOROO Service or prior to any fees being taken for it.

(ii) Gold Members who agree to have their Membership renewed continuously will have 
their Membership renewed at the same rate as was previously agreed by the Member; 
however note that we will notify you of the applicable fees in accordance with 
Clause 3 above.

(iii) Fees paid by a Gold Members will not usually be rebated or refunded by 
EXPLOROO. If, other than under Clause 17 or 18 above, we entirely withdraw an 
Integral Service (specified in Clause 2) from your Gold Membership of the EXPLOROO 
Service, or the entirety of the EXPLOROO Service itself, then you may be entitled 
to a rebate of your Gold Membership fee for the remainder of the twelve 
month period to which that fee relates; but no part of the Membership fee will be 
rebated to a Gold Member under any circumstances if the Gold Member has made use of 
any of the Integral Services (as indicated in Clause 2 of this Agreement) during 
the period to which the Gold Membership fee relates. For the avoidance of doubt, Gold 
Members will not be entitled to any rebate of their Membership fee if Integral 
Service(s) become available to Standard Members (as well as to Gold 
Members). EXPLOROO will not be obliged to rebate any part of any Gold 
Membership fee, other than as provided in this sub-Clause (iii).

(iv) Upon purchasing a paid-for Gold Membership, EXPLOROO will activate all account 
applications electronically on completion of the subscription process. We reserve 
the right to delay activation of a paid-for service for up to 5 working days where 
our systems detect potential credit card or other fraud and require manual checks 
to take place; in this event, the prospective Member will receive an email seeking 
confirmation of certain key information. Please be aware that, while EXPLOROO does 
guarantee the sending of the emails it undertakes to send in this 
Agreement, EXPLOROO cannot guarantee the delivery of any email, as (a) a 
recipient's email address may be invalid or have limitations on the relevant 
mailbox that could impede the delivery of the email, such as a mailbox limit or 
spam filter. 
(v) If you unsubscribe, you will enjoy your Membership benefits until the end of 
your then-current annual subscription period; your subscription won't be renewed 
after that term expires. However, you won't be eligible for a prorated refund of 
(or any) portion of the Gold Membership fees paid (except as provided in sub-Clause 
(iii) above).

(vi) If you are asked for, and provide, details of a credit or debit card, you must 
ensure that (a) you are fully entitled to use that card, and (b) it has available 
funds sufficient to cover the charges which are deducted from it. Unless otherwise 
stated, all prices shown for EU countries include VAT.

21. PROHIBITIONS

You are responsible for ensuring that no material you post, or which is posted 
through a machine on which you access the EXPLOROO Service (including Your User 
Submissions), nor any activity or communication you make in connection with any 
EXPLOROO Service, will be capable of: 
- infringing the intellectual property or other rights of any person or 
entity; 
- breaching any applicable law, whether criminal, tortuous or otherwise; 
- appearing to be offensive, threatening, defamatory, obscene, pornographic, 
false, unreliable or misleading (including, without limitation, misleading as to 
your identity).

22. ALERTING EXPLOROO

If you see anything on the EXPLOROO Service which appears to breach this Agreement, 
then please contact us to inform us of it by using the "Report Abuse" function, or 
by emailing us. We do not generally monitor material contributed by Members placed 
on the EXPLOROO Service, and so we are reliant upon users to point out any which is 
in breach of this Agreement.

23. WITHDRAWAL OF MATERIAL AND TERMINATION OF MEMBERSHIP

Each Member acknowledges that we are entitled to withdraw any material on the 
EXPLOROO Service, whether this is based on information received from Members or 
others, or our own determination to be capable of breaching any part of this 
Agreement, or to bring the EXPLOROO Service into disrepute. However, you 
acknowledge that we do not monitor material which appears on the EXPLOROO Service, 
and that we are reliant upon you and all users to notify us of anything you see 
here which appears likely to breach this Agreement, using the notification 
techniques which are made available on the EXPLOROO Service. You agree that upon 
termination or suspension of your access to the EXPLOROO Service under any 
provision of this Agreement, we may immediately deactivate or delete your account 
and all related information and files in your EXPLOROO Service account and/or bar 
any further access to such files or the EXPLOROO Service.
Each free or gold member may also switch off their profile status (cancel account) 
anytime the user wishes under “edit profile” settings once logged in.

24. DISCLAIMER AND RELEASE

EXPLOROO has no control over, or responsibility for, the truth or accuracy of any 
material available on the EXPLOROO Service, whether provided by Members (such as 
User Submissions) or others.

- If any third party site is linked to, or from, the EXPLOROO Service, this 
does not mean that we endorse or have any responsibility for the site in question 
or anything which appears on it. 
- You should exercise no lesser degree of caution in appraising what you see 
on the EXPLOROO Service than you do offline. 
- Even though Members are prohibited from doing so, people may provide 
information, or otherwise behave, in a way that is unreliable, misleading or even 
illegal. Further, you should note that people may not necessarily be who they say 
they are. 
- Your use of the EXPLOROO Service is entirely at your own risk. 
Accordingly, to the extent that the law permits, you release EXPLOROO, its 
directors, contractors and employees, from all liability arising out of or in 
connection with the EXPLOROO Service and the material included here by Members 
(including User Submissions) and other third parties.

25. EXCLUDED LOSS

We will not be liable to you or any third party for any indirect or consequential 
loss or damage, or for any loss of data, profit, revenue or business, howsoever 
caused (whether arising out of any negligence or breach of this Agreement or 
otherwise). Exploroo Ltd. will also not be liable for any failure to 
perform its obligations under this Agreement caused by matters beyond its 
reasonable control.

26. MAXIMUM LIABILITY

Without limiting the preceding Clause, during any period of twelve months, the 
aggregate liability of Exploroo Ltd. under this Agreement (whether 
arising in negligence or breach of this Agreement or otherwise) will not under any 
circumstances exceed the greater of: 
	The annual Gold Membership fee payable at the time liability arises; or 
	An amount equal to the sums actually paid by you to us by way of Gold 
Membership fees during the twelve month period prior to the date when liability 
arises, regardless of the cause or form of action.

27. NON-EXCLUDED LIABILITIES

Nothing in this Agreement limits Exploroo Ltd's liability for death or 
personal injury resulting from our negligence, or any other liability which may not 
by law be excluded. Any statutory rights you may have as a consumer remain 
unaffected.

28. INDEMNITY

You agree to defend, indemnify and hold harmless EXPLOROO against all liabilities, 
claims and expenses that may arise from any breach of this Agreement by you, 
through your use of the EXPLOROO Service or through a device on which you access 
the EXPLOROO Service. This obligation will survive your use of the EXPLOROO 
Service.

29. ASSIGNMENT

We reserve the right to assign this Agreement, and to assign or subcontract any or 
all of our rights and obligations under this Agreement, but we will ensure that the 
assignee undertakes to perform this Agreement in accordance with its terms. You may 
not without the written consent of Exploroo Ltd assign or dispose of this 
Agreement.

30. ENTIRE AGREEMENT

This Agreement includes our Privacy Policy; together they are intended to 
contain the whole of the agreement between us and you concerning the EXPLOROO 
Service, and they replace all earlier agreements and understandings with you, 
except for any fraud or fraudulent representation by either you or us. A person who 
is not a party to this Agreement has no right under the Contracts (Rights of Third 
Parties) Act 1999 to rely upon or enforce any term of this Agreement.

31. CHANGES TO THIS AGREEMENT

Where Are You Now reserves the right to change this Agreement from time to time, 
and post the new version on the EXPLOROO Service. When we do so, the new version of 
these terms and conditions will govern the EXPLOROO Service: 
- Commencing 5 days after the date of posting (or such later date as Where 
Are You Now indicates in any relevant posting), if any of the changes is to an 
operative provision of this Agreement which is capable of adversely affecting you; 
if you do not wish to be governed by the new version of the Agreement, you may 
notify us on or before the date when the new version of the Agreement is to take 
effect, and from that date you must cease to use the EXPLOROO Service; or 
- Immediately upon the date of posting (or such later date as Where Are You 
Now indicates in the relevant posting), if the changes are not to operative 
provisions, or not capable of adversely affecting you - examples of which would 
include, without limitation, changes to one or more of EXPLOROO's addresses or 
email addresses referred to in this Agreement.

32. SEVERABILITY

In the event that any term of this Agreement is held to be invalid or unenforceable 
by judicial decree or decision, the remainder of this Agreement shall remain valid 
and enforceable.

33. LAW

This Agreement shall be governed by and construed in accordance with the laws of 
Australia. The EXPLOROO Service is controlled and offered by EXPLOROO from 
its facilities in the United Kingdom. EXPLOROO makes no representations that the 
EXPLOROO Service is appropriate or available for use in other locations. Those who 
access or use the EXPLOROO Service from other jurisdictions do so of their own 
volition and are responsible for compliance with local law.

34. NO WAIVER

No waiver of any term of this Agreement shall be deemed a further or continuing 
waiver of such term or any other term, and EXPLOROO's failure to assert any right 
or provision of this Agreement shall not constitute a waiver of such right or 
provision.

35. CONTACT

You can contact us by emailing support@Exploroo.com or by mail to: EXPLOROO - PO 
Box 610, Mermaid Beach, QLD, Australia 4218 or by telephone during normal office 
hours of 9am to 5pm Queensland Time Monday to Friday on: +61 4 0967 6040 . We will endeavour to 
respond to all email enquires within 2 working days.

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