Legal Policy
Disclaimer and limitation of liability
The SafeTraveller website and the materials therein are provided as is.
SafeTraveller, its owners, officers, employees or other representatives
(SafeTraveller) make no representations or warranties, either expressed
or implied, of any kind with respect to the safetraveller.com.au site,
its operation, contents or information. SafeTraveller expressly disclaims
all warranties, expressed or implied, of any kind with respect to the
sites or their use, including but not limited to merchantability and
fitness for a particular purpose. In accessing this site you agree that
SafeTraveller shall not be liable for damages arising from the operation,
content or use of the safetraveller.com.au site. You agree that this
limitation of liability is comprehensive and applies to all damages of
any kind, including without limitation direct, indirect, compensatory,
special, incidental, punitive and consequential damages.
Links with third parties
This site may contain links with other sites on the Internet that are owned
and operated by third parties. You acknowledge that SafeTraveller is
not responsible for the operation of or content located on or through
any such site and agree that safetraveller.com.au will be a beneficiary
of any protections that such site may create for itself. Third parties
may create hyperlinks from their web sites to safetraveller.com.au. SafeTraveller
neither endorses, nor is responsible for, the content of such third party
sites or their use of links to safetraveller.com.au.
Consumer - Supplier Relationship
Before entering into any agreement, be sure that you have carefully read
and are familiar with any contractual arrangement that you enter into.
SafeTraveller is not acting as your general contractor, agent or lawyer.
It is your responsibility to negotiate the terms of any relationship
you enter into. You should note that the success of any consumer/supplier
relationship would depend on a number of factors, including: the conditions
that exist where the requirement is supplied, the level of communications
between the parties and the skill and knowledge of the parties.
Neither SafeTraveller nor any of its employees has any control over the suppliers or consumer requirements listed on the safetraveller.com.au website, nor do they have any control over how or when any supply will be made. By using a link on the safetraveller.com.au website to request a supply or by lodging a requirement on the safetraveller.com.au website, you agree that you are at least 18 years of age and are not otherwise prevented from entering into a binding legal agreement.
Copyright
The safetraveller.com.au website contains information, text, graphics, software and advertisements ("Content") provided by Safetraveller and its affiliates and by third parties. The copyright in the Content is owned by Safetraveller, its suppliers and/or licensors unless expressly indicated otherwise on the website. The Content is protected by Australian and international copyright and trademark laws and is supplied solely for information use.
Apart from any fair dealing permitted under the Copyright Act 1968 you may not reproduce, modify, republish, frame, transmit or otherwise exercise any of the exclusive rights of the copyright owner in the Content without their express written permission.
General
You expressly acknowledge and agree that SafeTraveller does not exert control
over users of the Website and is not liable for their behaviour including
any information uploaded into the Web-Site that is offensive, defamatory,
discriminatory, illegal or in violation of third party rights. You further
acknowledge that SafeTraveller has no responsibility for use of listings
in its Web-Site by persons engaged in mass email or spamming activities.
Although safetraveller.com.au will not intentionally supply you with any inaccurate information, the information that safetraveller.com.au supplies to you about requirements and suppliers is being provided on an "as is" basis, and you acknowledge that you will use the information at your own risk.
SafeTraveller will not be liable to you or to anyone else for any damages connected to the information that safetraveller.com.au supplies, whether the damages are direct, indirect, incidental, special or consequential. safetraveller.com.au is not giving you any warranties or guarantees of any kind about the information that it supplies.
If a dispute arises between you and a supplier or consumer, you will release SafeTraveller from any claims or demands and damages connected in any way to the dispute, however we will endeavour to liaise between the parties in order to arrive at a satisfactory resolution.
Any claim that you bring against SafeTraveller that arises out of a service provided to you will be settled by binding arbitration in accordance with the commercial arbitration rules of the Australian Arbitration Association. Any such dispute or controversy shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Melbourne, Victoria, Australia, and any court of competent jurisdiction may enter a judgment on the arbitration award.
SafeTraveller may amend this agreement by posting the amended terms on the safetraveller.com.au website. All amendments will be become effective 30 days after the date of posting.
Disclaimer: Adventure before Dementia Tours
SafeTraveller is a reseller of tours and a licensed travel agent in the
State of Victoria, Australia. Other than making information from third
parties available to you, introducing you to third party providers of
goods and services, organising tickets and facilitating payment of goods
and services by you to third parties, SafeTraveller is not itself providing
you with any goods or services in the capacity of a principal. Third
party principals (not sub-contractors to Safetraveller) provide all goods
and services to you (including tours, travel, activities, meals, consultations,
operations and procedures).
SafeTraveller exercises every reasonable care in the selection of third parties that you are introduced to and whom may provide of goods and services to you in connection with a tour. It is important to note, therefore that:
(a) SafeTraveller is the mere agent of the supplier of those goods and
services and does not make any express or implied representation or warranty
that any goods or services supplied by third parties to you will be fit
for your required purpose or supplied by them with reasonable care and
skill; and
(b) all bookings for goods and services to be provided by third parties are subject to the terms and conditions and limitations of liability as may be separately imposed by tour operators, airlines, hospitals, clinics, hotels and other providers of goods and services to you (some of which limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage).
Neither SafeTraveller nor any of its officers, employees or directors are doctors, dentists or otherwise qualified to provide information in relation to any medical procedure. You acknowledge and accept that SafeTraveller (or any of its officers, employees or directors) has not offered any advice or expressed any opinion that a reasonable person would consider as being an advice or opinion in relation to any medical procedure (including with respect to any risks, side effects or otherwise).
SafeTraveller does not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of tour operators, airlines, hospitals, doctors, clinics, dentists, hotels and other providers of goods and services to you directly or indirectly in connection with any tour organised by SafeTraveller on your behalf.
Without limiting the provisions of this clause, you agree to be bound by the terms of any contract between a third party provider of goods and services and yourself (which may be evidenced in writing by the issue of a ticket, voucher, coupon confirmation or the like).
SafeTraveller does not accept any liability in contract or in tort for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, or which are not preventable on our part.
SafeTraveller strongly recommends that you take out travel insurance and disclose all relevant matters to your insurer (including the fact that you may be undertaking elective surgery as part of your travel).
SafeTraveller, 11 Larkspur Avenue, Doncaster, Victoria, Australia Phone
613 9891 8344
Licensed Travel Agent 31424 Member Travel Compensation Fund 3/3914 Established 1990