Terms of Use for the Rates Calculation Tool
1. Introduction
Welcome to the Rates Calculation Tool provided by Smarter Tourism Technology Pty Ltd (“Company”, “we”, “us”, or “our”). This Rates Calculation Tool (“Tool”) is offered to you free of charge, subject to the terms and conditions set forth in this document (“Terms of Use”). By accessing or using the Tool, you agree to be bound by these Terms of Use. If you do not agree with any part of these Terms of Use, you must not use the Tool.
2. Use of the Tool
The Tool is designed to provide users with calculations related to various rates applicable in the tourism industry. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Tool for your personal and non-commercial use, strictly in accordance with these Terms of Use.
3. No Warranty
The Tool is provided on an “AS IS” and “AS AVAILABLE” basis. The Company and its suppliers make no warranties, either express or implied, about the Tool. Without limiting the foregoing, we do not warrant that access to the Tool will be uninterrupted or that the Tool will be error-free; nor do we make any warranty as to the results that may be obtained from the use of the Tool.
4. Limitation of Liability
To the fullest extent permitted by applicable law, Smarter Tourism Technology Pty Ltd, its officers, directors, employees, or agents will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Tool; (ii) any conduct or content of any third party on the Tool; (iii) any content obtained from the Tool; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed its essential purpose.
5. Indemnification
You agree to defend, indemnify, and hold harmless Smarter Tourism Technology Pty Ltd, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Tool, including, but not limited to, any use of the Tool’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Tool.
6. Modifications
We reserve the right to modify or replace these Terms of Use at any time at our sole discretion. It is your responsibility to review these Terms of Use periodically for changes. Your continued use of the Tool following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
7. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which Smarter Tourism Technology Pty Ltd is registered, without regard to its conflict of law provisions.
8. Intellectual Property and Restrictions on Use
You acknowledge and agree that the Tool and all related graphics, logos, service marks, trademarks, and trade names used on or in connection with the Tool are the property of Smarter Tourism Technology Pty Ltd or its licensors. You are not granted any right or license with respect to any of the aforesaid trademarks, and further, you may not copy, modify, adapt, translate, prepare derivative works from, distribute, license, sell, transfer, display publicly, perform, publish, transmit, broadcast, or otherwise exploit the Tool or any portion thereof without the prior written consent of Smarter Tourism Technology Pty Ltd. Unauthorized use of the Tool or any portion thereof can result in civil and criminal penalties. If you use the Tool to assist a third party, you must acknowledge that Smarter Tourism Technology Pty Ltd is the provider of the Tool. You agree not to use the Tool in any manner that would infringe, violate, or trespass upon the rights of Smarter Tourism Technology Pty Ltd or others.
9. Contact Us
If you have any questions about these Terms of Use, please contact us by using the contact details provide on our website. www.smartertourismtech.com.au/contact
By using the Tool, you acknowledge that you have read these Terms of Use, understand them, and agree to be bound by them. If you do not agree to any of the terms and conditions, you should not use the Tool.