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    Terms of Service

    Last updated: 9 December 2024

    Effective date: 9 December 2024

    1. Agreement to Terms

    These Terms of Service ("Terms") constitute a legally binding agreement between you and Squeezy Digital Pty Ltd t/as Tourism Accelerator (ABN 44 637 738 106) ("Tourism Accelerator", "we", "us", "our") governing your access to and use of the Launchpad platform ("Platform") and related services.

    By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Platform.

    2. Definitions

    • "Account" means the account you create to access and use the Platform.
    • "Content" means any text, images, videos, data, or other materials uploaded, submitted, or displayed on the Platform.
    • "Organisation" means a tourism business, regional tourism organisation, or other entity registered on the Platform.
    • "Services" means all products, features, and services provided through the Platform.
    • "Subscription" means any paid plan providing access to premium features.
    • "User" means any individual who accesses or uses the Platform.

    3. Eligibility and Account Registration

    3.1 Eligibility

    To use the Platform, you must:

    • Be at least 18 years of age
    • Have the legal capacity to enter into a binding agreement
    • If registering on behalf of an organisation, have the authority to bind that organisation to these Terms
    • Provide accurate and complete information during registration

    3.2 Account Security

    You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.

    4. Services and Features

    4.1 Platform Services

    The Platform provides tourism businesses with tools including but not limited to:

    • Business profile management and tourism product listings
    • Integration with tourism data systems (ATDW)
    • Program participation and compliance tracking
    • Client and project management tools
    • Communication and collaboration features
    • Analytics and reporting capabilities
    • Educational resources and support materials

    4.2 Service Modifications

    We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

    5. User Content and Conduct

    5.1 Your Content

    You retain ownership of any Content you submit to the Platform. By submitting Content, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publish, translate, and distribute your Content in connection with providing and promoting the Services.

    5.2 Content Representations

    You represent and warrant that:

    • You own or have the necessary rights to your Content
    • Your Content does not infringe any third-party intellectual property rights
    • Your Content is accurate and not misleading
    • Your Content complies with all applicable laws and regulations

    5.3 Prohibited Conduct

    You agree not to:

    • Use the Platform for any unlawful purpose
    • Upload viruses, malware, or other harmful code
    • Attempt to gain unauthorised access to any part of the Platform
    • Interfere with or disrupt the Platform or servers
    • Scrape, harvest, or collect user information without consent
    • Impersonate any person or entity
    • Use the Platform to send spam or unsolicited communications
    • Engage in any activity that could damage our reputation or business

    6. Subscriptions and Payments

    6.1 Subscription Plans

    We offer various subscription plans with different features and pricing. Details of each plan are available on the Platform. You agree to pay all fees associated with your chosen subscription plan.

    6.2 Billing and Payment

    Subscriptions are billed in advance on a monthly or annual basis, as selected by you. Payment is processed through our third-party payment processor (Stripe). By providing payment information, you authorise us to charge your payment method for all fees due.

    6.3 Cancellation and Refunds

    You may cancel your subscription at any time through your account settings. Upon cancellation:

    • Your subscription will remain active until the end of the current billing period
    • No refunds will be provided for partial billing periods
    • Your data will be retained for 30 days, after which it may be deleted
    • Sponsored subscriptions are subject to the terms of the sponsoring organisation

    7. Intellectual Property

    7.1 Our Intellectual Property

    The Platform and its original content, features, and functionality are owned by Tourism Accelerator and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks, logos, and service marks may not be used without our prior written consent.

    7.2 Limited Licence

    Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for your internal business purposes. This licence does not include the right to modify, reproduce, distribute, or create derivative works of the Platform.

    8. Third-Party Services

    The Platform may integrate with or contain links to third-party websites, applications, or services, including but not limited to:

    • Australian Tourism Data Warehouse (ATDW)
    • Google services (Maps, Places, Analytics)
    • Payment processors (Stripe)
    • Communication platforms

    Your use of any third-party services is subject to those services' terms and conditions. We are not responsible for the content, privacy policies, or practices of any third-party services.

    9. Disclaimer of Warranties

    The Platform and Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

    • Implied warranties of merchantability and fitness for a particular purpose
    • Warranties that the Platform will be uninterrupted, secure, or error-free
    • Warranties regarding the accuracy or reliability of any information obtained through the Platform

    To the maximum extent permitted by Australian Consumer Law, we disclaim all warranties not expressly stated in these Terms.

    10. Limitation of Liability

    To the maximum extent permitted by law:

    • Tourism Accelerator shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities
    • Our total liability for any claims arising out of or related to these Terms or your use of the Platform shall not exceed the amounts paid by you to us in the twelve (12) months preceding the claim
    • Nothing in these Terms excludes or limits our liability for death, personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law

    11. Indemnification

    You agree to indemnify, defend, and hold harmless Tourism Accelerator and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or related to your use of the Platform, your Content, your violation of these Terms, or your violation of any rights of a third party.

    12. Privacy

    Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

    13. Termination

    13.1 Termination by You

    You may terminate your account at any time by contacting us or using the account deletion feature in your account settings.

    13.2 Termination by Us

    We may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms.

    13.3 Effect of Termination

    Upon termination, your right to use the Platform will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

    14. Governing Law and Dispute Resolution

    These Terms are governed by the laws of South Australia, Australia. Any disputes arising out of or relating to these Terms or the Platform shall be resolved as follows:

    • Informal Resolution: We will first attempt to resolve any dispute through informal negotiation within 30 days
    • Mediation: If informal resolution fails, disputes shall be submitted to mediation administered by the Resolution Institute
    • Court Proceedings: If mediation fails, disputes may be brought before the courts of South Australia

    15. General Provisions

    15.1 Entire Agreement

    These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Tourism Accelerator regarding the Platform.

    15.2 Severability

    If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

    15.3 Waiver

    Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

    15.4 Assignment

    You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

    16. Changes to Terms

    We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms.

    17. Contact Us

    If you have any questions about these Terms, please contact us:

    Squeezy Digital Pty Ltd t/as Tourism Accelerator

    Email: legal@tourismaccelerator.com.au

    Website: www.tourismaccelerator.com.au

    ABN: 44 637 738 106