PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Welcome to TravellersMART.com (the “Site”), provided by TravellersMART and RogersDigital.com (“TravellersMART”). These terms and conditions of use may be changed in the future without further notice. Your continued use of this Site after any such changes constitutes your acceptance of the new terms. Further, these terms and conditions apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with TravellersMART for products, services or otherwise.

Privacy Policy

TravellersMART believes strongly in protecting user privacy. Therefore, TravellersMART is a licensee of the TRUSTe Privacy Program and has adopted a privacy policy. Users of this Site should refer to our Privacy Policy for information about how TravellersMART uses and collects information.

Copyright

All Web-site materials, including, without limitation, the TravellersMART logo, design, text, graphics, other files, and the selection and arrangement thereof are Copyright © 2010 TravellersMART . ALL RIGHTS RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of TravellersMART or the respective copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, noncommercial and informational use only; provided that you may not, without the permission of TravellersMART or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials.

Trademarks

TravellersMART, the TravellersMART logo and the products and services described in this Site, including without limitation TravellersMART and TravellersMART Top 20 are either trademarks or registered trademarks of TravellersMART and/or its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TravellersMART. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of TravellersMART, and may not be copied, imitated or used, in whole or in part, without the prior written permission of TravellersMART. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.

Licenses and Site Access

TravellersMART grants you a limited license to make personal use only of the Site. Such grant does not lude, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of TravellersMART or any third party.

You may not use, frame or utilize framing techniques to enclose any TravellersMART trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without TravellersMART’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a TravellersMART name, trademark or product name without TravellersMART’s express written consent.

Linking

You are granted a limited, nonexclusive right to create a hyperlink to this Site provided such link does not portray TravellersMART or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a TravellersMART logo or other proprietary graphic or trademark of TravellersMART to link to this Site without the express written permission of TravellersMART. This limited right may be revoked at any time.

TravellersMART makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of TravellersMART and TravellersMART is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. TravellersMART is providing these links to you only as a convenience, and the lusion of any link does not imply affiliation, endorsement or adoption by TravellersMART of the site or any information contained therein. When leaving the TravellersMART site, you should be aware that TravellersMART’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct

In using this Site, you agree:

   1. not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites;
   2. not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
   3. not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
   4. not to use or attempt to use another’s account, service or system without authorization from TravellersMART, or create or use a false identity on this Site;
   5. not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; and
   6. not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Copyright Policy and Copyright Agent

It is TravellersMART’s policy to respect the copyright and intellectual property rights of others.

If you believe that TravellersMART or any user of our site has infringed your copyright in any material way, please notify TravellersMART’s Copyright Agent, and provide the following information:

   1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
   2. An identification of the copyrighted work claimed to have been infringed.
   3. An identification of the material that you claim is infringing so that we may locate it on the site.
   4. Your address, telephone number and email address.
   5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
   6. A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.

TravellersMART’s Copyright Agent is Jenna Rogers, who can be reached by mail at P O Box 5 Fingal Head NSW 2487

Indemnification

You agree to indemnify and hold harmless TravellersMART from any claim, action, demand, loss or damages (including attorneys’ fees) made or urred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to TravellersMART, or postings on this Site, are nonconfidential and shall become the sole property of TravellersMART. TravellersMART shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to TravellersMART, including the posting of materials to any forum or interactive area, irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TravellersMART AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, including BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION PROVIDED BY TravellersMART OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE, including ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT TravellersMART DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, TravellersMART AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

TravellersMART DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TravellersMART DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE OR INFORMATION PROVIDED BY TravellersMART VIA EMAIL OR OTHER MEANS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NOR DOES TravellersMART MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF TravellersMART OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.

TravellersMART ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, including, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF TravellersMART, ITS AFFILIATES, ITS LICENSORS OR A USER’S OWN ERRORS AND/OR OMISSIONS.

TravellersMART ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, including, BUT NOT LIMITED TO, LOSS FROM NONDELIVERY OF TRAVEL SERVICES PURCHASED FROM TRAVEL COMPANIES LISTED ON TravellersMART SUCH AS (BUT NOT LIMITED TO) AIRFARE, HOTELS, TOURS, TRANSFERS AND TRAVEL VOUCHERS. USER IS AWARE THAT COMPANIES AND THEIR AGENTS PROVIDING SUCH SERVICES ARE NOT IN ANY WAY RELATED TO TravellersMART AND TravellersMART HAS NO RESPONSIBILITY TO ENSURE DELIVERY OF SUCH SERVICES.

TravellersMART DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEB SITE WILL BE MAINTAINED.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation on Liability

UNDER NO CIRCUMSTANCES, including WITHOUT LIMITATION NEGLIGENCE, SHALL TravellersMART OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING TravellersMART OR RELATED SERVICES BE LIABLE FOR ANY INDIRECT, IDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR INABILITY TO USE TravellersMART OR ANY CONTENT PROVIDED BY OR THROUGH THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED, including BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TravellersMART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR IDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Applicable Law

These terms and conditions shall be governed by and construed in accordance with the laws of the State of NSW, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the Sydney Courts, NSW, or the Federal Court of Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, TravellersMART reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site.

Severability

If any provision of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.