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Suppliers Terms and Conditions

1.1

Every Supplier who submits a request for advertising on, agrees to these Terms and Conditions (which are deemed to include each of the Privacy Statement, Copyright and Trade Marks sections all as modified from time to time for the In2culture website).

1.2

By accessing, using, printing, installing, or downloading any material from the Website, or becoming a member of the Website, Suppliers agree to be bound by these Terms and Conditions (as amended from time to time by In2culture, at its sole discretion and without the requirement of any notice to the Supplier). The use of the Website by a Supplier at any time and particularly after any such changes are implemented, constitutes an acknowledgment and acceptance of these Terms and Conditions and any changes to them from time to time. If the Supplier does not agree to be bound by these Terms and Conditions, they may not enter the Website; they must exit the Website immediately and they may not use or access the Website or print or download any materials from it.

2.1

In2culture provides digital and online services to including websites, apps, email and social media and provides web design services to its Suppliers to advertise their products and services. In2culture does not manage or own the Products listed on the site.

2.2

In2culture advertise Products as an agent on behalf of Suppliers. In2culture, as an agent, forms a contract between the User and Supplier when a booking is made on the Website and is made subject to the Suppliers terms and conditions for the specific Product. Those terms and conditions must be provided to In2culture to link to the Product advertised on the website.

2.3

In2Culture accepts payments from Users for Products advertised on the Website on behalf of the Supplier and remits that payment to the Supplier in accordance with these Terms and Conditions.

3.1

Suppliers must, when submitting an advertisement of its Products, provide the following:

3.1.1

Any and all terms and conditions that it wishes to impose on a User of the Product(s), including the Suppliers cancellation policy.

3.1.2

A full description of the Product together with any photograph or other advertising material that it wishes to display on the Website.

3.1.3

Contact information.

3.1.4

A nominated bank account to receive payments for the Product booked and paid for by Users that is held by In2culture on the Suppliers behalf.

3.2

By submitting an advertisement with In2culture, the Supplier acknowledges that:

3.2.1

they are over 18 years of age; and

3.2.2

they are the legal owner of any information and material (including photographs) submitted to and posted on the Website.

3.3

The Supplier agrees that if the Supplier is found, in the opinion of In2culture acting reasonably, to:

3.3.1

be misrepresenting the Product advertised; or

3.3.2

be using photographs, information and material not owned by them or which in In2culture's opinion a third party has expressed a right over such photographs, information and material; or

3.3.3

have breached any of these Terms and Conditions,

the Supplier's Account may, in In2culture's absolute and unfettered discretion (in addition to all other rights and remedies open to it), be cancelled without refund (except as required at law) and the Supplier's profile will be immediately removed from the Website.

3.4

The Supplier authorises and consents to In2culture publishing the Supplier's supplied photographs and information on the Website, and any other website In2culture manages in order to promote the Products, including on any social media platform and grants In2culture a worldwide, royalty-free, non-exclusive, irrevocable licence to publish the photographs and information in any form or medium, including print, online or other. The Supplier warrants that it is authorised to grant In2culture the licence in this clause.

3.5

In2culture reserves the right to crop the Supplier's images if they do not fit with the Website layout, or to improve the Supplier's listing and the Supplier authorises such amendment.

3.6

Subject to clause 3.5 , In2culture will publish images online in the manner they are received from the Supplier, unless notified by the Supplier in writing via email to do otherwise.

3.7

The Supplier agrees it is their sole responsibility and not the responsibility of In2culture to ensure that and the Supplier hereby warrants that:

3.7.1

their information, product description and actual product is compliant with all relevant Australian State, Territory and Federal laws:-

3.7.1.1

Competition and Consumer Act 2010 (Cth);

3.7.1.2

Fair Trading Acts in all applicable States and Territories;

3.7.1.3

Privacy Act 1988 (Cth) including the Australian Privacy Principles;

3.7.1.4

Human Rights and Equal Opportunity Commission Act 1986 (Cth); and

3.7.1.5

all anti-discrimination and equal opportunity legislation applicable in the State or Territory in which the Supplier does business; and

3.7.2

they hold all consents, licences and approvals, necessary to lawfully advertise, and provide the Products, and the Supplier releases and indemnifies In2culture in this regard.

3.8

The Supplier understands that In2culture may in its sole discretion refuse to accept any advertisement or, if any advertisement is already on the website, to remove that advertisement forthwith without being liable to pay any compensation or damages or costs or interest of any sort to the Supplier.

3.9

The Supplier will not place a link to any other advertising portal or directory on the Website.

3.10

The Supplier consents to receiving electronic communication from In2culture.

3.11

In2culture may decide, in its absolute discretion, to allow the Supplier to pause advertising.

3.12

In2culture may, in its absolute discretion, terminate any advertising which breaches any of these Terms and Conditions, without refund.

3.13

In2culture may, in its absolute discretion, decline any regular request by a Supplier of image changes if the requests are on a frequent basis. The acceptable time frame for image changes will be determined by In2culture in its sole discretion.

3.14

The Supplier is under no obligation or requirement to agree to these Terms and Conditions but in the event the Supplier is unwilling or unable to agree with these Terms and Conditions In2culture is unable to provide the In2culture Services to the Supplier.

3.15

The Supplier advertises on the Website at their own risk.

3.16

In2culture provides the search for information services as part of the In2culture Services as a service to its Suppliers and Users. Whilst care is taken to avoid errors and omissions, inaccuracies may occur and In2culture cannot accept responsibility for such errors and omissions but invites Suppliers to inform it if any are discovered.

3.17

In2culture is not responsible for, and expressly disclaims all liability for, damages of any kind arising from transactions that are instigated because of the Supplier advertising or using the Website.

3.18

Without limiting clause 3.18 , In2culture will not be responsible for any monies lost by Suppliers in respect of transactions that are instigated because of such advertisements or use of the Website.

4.1

A User may offer to purchase a Product by remitting the full purchase price to In2culture. Upon receipt of the full purchase price, In2culture will confirm the availability of the Product with the Supplier, and if available, confirm the purchase with the User ("Confirmed Purchase").

4.2

The Supplier agrees to pay In2culture [##%] of the total cost of a Confirmed Purchase by a User from the Website;

4.3

In2culture may also charge the Supplier Fees to design an advertisement Product.

4.4

The Supplier acknowledges and agrees that In2culture may charge the User fees in addition to the cost of the product or service to access the Website and use In2culture's payment processing, documentation and ticketing services.

4.5

The Supplier agrees, instructs and authorises In2culture to:

4.5.1

collect the total fees from a User at the time the User makes a booking request, or at any other time mutually agreed between the In2culture and the User; and

4.5.2

remit the fees paid under clause 4.5.1 by the User to the Supplier, less any fees payable by the Supplier to In2Culture under clause 4.2 or 4.3, or by the User as contemplated by clause 4.3, 30 days after the date the services are provided to the User by the Supplier; and

4.5.3

in the event of a User cancels a Confirmed Purchase, In2culture will remit the portion of the fees payable (if any) to the Supplier and User (less any fees payable to In2culture under clause 4.2 and 4.3) in accordance with the Suppliers cancellation policy; and

4.5.4

for compliance or operational reasons, limit the value of each individual payment to you. If you are due an amount above that limit, In2Culture may initiate a series of payments (potentially over multiple days) in order to provide your full payout amount.

The Supplier acknowledges, covenants and warrants that:

5.1

they will not reproduce, adapt, upload or link to any of the material on the Website (or on any third-party website) without the prior consent of In2culture (or the relevant third-party website owner(s)), including saving the clips on the Website to any type of media;

5.2

they own all intellectual property in, or are legally authorised to use and distribute, any photographs, videos, music and any other advertising material of any description submitted to In2culture and have free and unfettered right to use and distribute such photographs, videos, music and any such other advertising material;

5.3

they will uphold the good name and protect the goodwill of In2culture at all times (the determination of which is solely at In2culture's discretion);

5.4

they will conduct themselves in a professional manner at all times and comply with their obligations under these Terms and Conditions;

5.5

they will not make use of the Website for any illegal activities or any activities which are likely to cause loss, cost, expense or damage to In2culture;

5.6

they will not interfere with or disrupt the access of other Suppliers or Users of the Website in any way;

5.7

they will not place on the Website any material which is unlawful, harassing, libellous, abusive, threatening, harmful, discriminatory or otherwise objectionable of any kind (including any third-party intellectual property);

5.8

all information provided by the Supplier to In2culture (including any images which relates to the Supplier in any way) is true and accurate in every detail and all required consents for its disclosure have been obtained by the Supplier;

5.9

that the publication of their advertising material does not breach or infringe:

5.9.1

the Competition and Consumer Act (Cth) or equivalent State legislation;the Competition and Consumer Act (Cth) or equivalent State legislation;

5.9.2

any copyright, trade mark, obligation of confidentiality or other personal or proprietary right including intellectual property rights;

5.9.3

any law of defamation, obscenity or contempt of any court, tribunal or royal commission;

5.9.4

State or Commonwealth privacy legislation or anti-discrimination legislation; or

5.9.4

any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory); and

5.10

that they will not transmit or attempt to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature.

All prices on the site are inclusive of GST unless stated otherwise.

The Supplier, when they initially sign up for the In2culture Services, will be automatically promoted via social media platforms (as selected by In2culture, at its sole discretion, from time to time). Such social media may include Twitter and Facebook.

8.1

If the Supplier's Account is cancelled, terminated or expires In2culture will remove the Supplier's content from the Website after the cancellation, termination or expiration.

8.2

The Supplier acknowledges that notwithstanding the cancellation, termination or expiration of the Supplier's Account the Supplier's content on the Website may still be viewable on the Website and third-party search engines (notwithstanding its removal from the Website) and In2culture is not responsible for such content being visible and indexed by third party search engines. The Supplier acknowledges that In2culture will not use any tools such as URL removal tools in this regard.

9.1

Generally

The Supplier agrees that:

9.1.1

In2culture at its sole and absolute discretion may refuse, without requiring any notice to them to accept or display any advertisement or any other content provided by the Supplier for the Website or otherwise;

9.1.2

In2culture may modify the Website or any In2culture Service (including, without limitation, the Fees payable from time to time) in any way, without notice to the Supplier or the User.

9.1.3

In2culture may modify these Terms and Conditions without notice to the Supplier or User and such modifications will apply from the time that they are made.

9.1.4

In2culture may require a Supplier to change its user name or password or use a different method of accessing the Website from time to time.

9.1.5

If a Supplier breaches these Terms and Conditions, the Acceptable Usage Policy or any other relevant documents governing the relationship between In2culture and the Supplier, then, in addition to all other rights and remedies available to it at law or equity or under statute, In2culture may terminate, without notice, the Supplier's membership/Account to the Website.

In addition to the rights of In2culture under clause 9.1, In2culture reserves the right to terminate or cancel any advertising, without notice to the Supplier and at In2culture's sole and unfettered discretion, where:

9.2.1

a complaint about the Supplier is received from any third party;

9.2.2

if the Supplier is asked to provide image verification and fails to do so, or the image verification fails;

9.2.3

if a third party takes any action against In2culture for any act, omission or negligence on the part of the Supplier (including but not limited to sending another person in their place to any appointment or providing deceptive or misleading images of the Supplier to In2culture);

9.2.4

if, in the reasonable view of In2culture, the Supplier has engaged in deceptive or misleading advertising or conduct;

9.2.4

if, in the reasonable view of In2culture, the Supplier is bringing In2culture or the Website into disrepute;

9.2.4

if the Supplier's images are found on any third-party website, or in the reasonable view of In2culture, the ownership of any image is in doubt.

9.3.1

If a Supplier submits any advertisement for possible publication on the Website and that advertisement contains music (whether with or without lyrics) or any other form of audio content that has been created or is owned by a person or entity other than the Supplier, then, when submitting the proposed advertisement or otherwise immediately on demand by In2culture, the Supplier must also submit proof to In2culture's satisfaction (the determination of which is at its sole discretion) that the Supplier has lawfully obtained a licence to use that from the Australian Performing Rights Association ("APRA") or any other industry licensing Association that In2culture may from time to time determine to be acceptable to it.

9.3.2

On it receiving any advertisement containing any music or other audio content, the advertisement will be placed into moderation before it is approved by In2culture and published online.

9.3.3

All videos comprising any part of any advertisement submitted to In2culture will be muted by default until approval is given by In2culture to their being published online.

10.1

The Supplier acknowledges and agree that In2culture has not made any representation or given any warranties in relation to:

10.1.1 the Website; or
10.1.2 the In2culture Services.

10.2

The Supplier acknowledges that In2culture is not responsible in any way for any actions, omissions or negligence on the part of any Supplier and Users of the Website and that any contract formed between Suppliers and Users as a direct or indirect result of the provision of In2culture Services, is solely and wholly between the Supplier and User and not, under any circumstances, with In2culture.

10.3

All private information of the Supplier will be protected in accordance with the Privacy Policy.

10.4

The Supplier acknowledges and agree that data transmission over the internet cannot be guaranteed as totally secure. Whilst In2culture will use its reasonable endeavours to protect such information, In2culture does not warrant and cannot ensure the security of any information which is transmitted to In2culture. Accordingly, any information which the Supplier transmits to In2culture is transmitted at their own risk, including (without limitation) private email addresses, personal information and images. In2culture takes reasonable steps to preserve the security of such information and images but will not be held responsible if the information or images become public, under any circumstances.

10.5

In2culture gives no warranty as to accuracy, suitability or functionality of the Website or the In2culture Services. The Supplier acknowledges that from time to time there may be faults, defects and errors with the Website and they must not hold In2culture responsible in this regard. If they become aware of such faults, defects or errors they must inform In2culture.

10.6

All warranties and other terms which are not expressly included in these Terms and Conditions are excluded to the maximum extent permitted by law.

11.1

To the maximum extent permitted by law, In2culture (including its respective officers, employees, sub-contractors and agents) is not responsible or liable whatsoever for:

11.1.1

cancellation, modification, suspension or delay of the In2culture Services;

11.1.2

the unavailability or inaccessibility of the In2culture Services and Website for any reason;

11.1.2

any loss suffered or sustained to a person or property, including but not limited to consequential (including economic) loss, by reason of any act or omission, deliberate or negligent by In2culture or its servants or agents in connection with the In2culture Services, the Website and any person agreeing to these Terms and Conditions.

11.2

The Supplier indemnifies and keep indemnified In2culture, its officers, employees, sub-contractors and agents on demand against any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal, legal costs (including but not limited to its own legal costs on a solicitor and own client basis) which In2culture pays, suffers or incurs or is liable for in respect of:

11.2.1

any negligent act or omission of the Supplier or User, including (without limitation), sharing their user name and password with any other third parties;

11.2.2

any act or omission of the Supplier or User which is intended

11.2.3

any breach of these Terms and Conditions;

11.2.4

the failure to comply with these Terms and Conditions.

11.3

The Supplier release In2culture from and agree that In2culture is not liable for any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal or legal costs (on a solicitor and own client basis), arising from anything In2culture is permitted or required to do under these Terms and Conditions.

11.4

Suppliers acknowledges that certain risks might arise from any contract, agreement or arrangement between a Supplier and a User for the supply of products and services including, but not limited to injury, death, disability and illness.

11.5

Suppliers acknowledges and accepts that they assume all responsibility and liability for the Risks, and release In2culture from, and indemnify In2culture against, any loss, expense, cost, damage, claim, demand, suit, action, proceeding, judgment, order of a court or tribunal or legal costs (including but not limited to its own legal costs on a solicitor and own client basis), arising from the Risks.

11.6

Subject to these Terms and Conditions and this clause 11, if In2culture is found to be liable its liability is limited as set out in clause 11.7.

11.7

To the maximum extent permitted by law or statute, the aggregate liability of In2culture to the Supplier in respect of the Website and/or In2culture Services, whether in contract, tort (including negligence) or otherwise, shall be limited to the price paid by the Supplier (if any) for the In2culture Services.

12.1

In2culture gives no warranty or representation in relation to the supply of the In2culture Services and the Supplier acknowledges that they have not relied on any representation or warranty made by or on behalf of In2culture in relation to the In2culture Services.

12.2

Any warranties or conditions implied by law, either by statutory instrument or otherwise in respect of In2culture or the In2culture Services, are expressly excluded to the extent that such warranties and conditions may be lawfully excluded.

12.3

The Supplier acknowledges that they have undertaken their own inspections and made independent enquiries in reaching any decision to purchase the In2culture Services pursuant to these Terms and Conditions.

12.4

The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings and give the Suppliers and Users other legal rights. If they apply to the In2culture Services the Supplier acknowledge that they cannot be modified or excluded by any contract. Nothing in these Terms and Conditions generally affects their rights under Australian consumer law and the equivalent State and Territory fair trading legislation regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law.

13.1

In2culture may from time to time provide on the Website, links to other websites and information on those websites for the Suppliers' and Users' convenience. This does not imply sponsorship, endorsement, or approval or arrangement between In2culture and the owners of those other websites. In2culture takes no responsibility for any of the content found on such linked websites.

13.2

The Website may contain information provided by third parties for which In2culture accepts no responsibility whatsoever including, without limitation, for information or advice provided to the Supplier or User directly by third parties. In2culture is making a 'recommendation' only and are not providing any advice and In2culture is not responsible for any advice received in this regard.

14.1

In addition to all other rights and remedies available to it at law or equity or statute, In2culture may terminate the agreement with the Supplier as set out in these Terms and Conditions at any time without notice.

14.2

In addition to all other rights and remedies available to it at law or equity or statute, upon termination:

14.2.1 In2culture will remove the Supplier's access to the Website; and
14.2.2 where applicable, the Supplier must immediately pay In2culture any outstanding Fees that it owes In2culture.

14.3

The obligations of the Supplier under any clause of these Terms and Conditions, survive the termination of this agreement.

15.1

In2culture may at any time assign all or any of its rights and liabilities arising under these Terms and Conditions.

15.2

The Supplier is not entitled to assign or purport to assign any of its rights or liabilities under these Terms and Conditions without the prior written consent of In2culture (which consent may be given or withheld or given subject to conditions in In2culture's absolute discretion).

In2culture will not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fibre cuts; strikes, or shortages in transportation, facilities, fuel, energy, labour or materials; failure of the telecommunications or information services infrastructure, hacking, SPAM, or any failure of a computer, server or software, including errors or omissions, for so long as such event continues to delay the Websites performance.

17.1

Compliance by Suppliers

17.1.1

Suppliers must comply with all State, Territory and Federal anti-discrimination laws which may affect them.

17.1.2

If a Supplier is found to be in breach of any anti-discrimination law (including but not limited to a Supplier's advertisement or conduct breaches anti-discrimination law) In2culture reserves the right to immediately cancel the Supplier's Account and/or account without refund (except as required at law) and the Supplier's profile will be immediately removed from the Website.

18.1

Independent legal and financial advice

By agreeing to abide by these Terms and Conditions, the Supplier warrants that they have reviewed these Terms and Conditions and have:

18.1.1 obtained independent legal and financial advice; or 18.1.2 had the opportunity to consult independent legal and financial advice, on these Terms and Conditions.

18.2

Severability

If a provision of these Terms and Conditions is held to be invalid or unenforceable in whole or in part, the provision is ineffective only to the extent of the invalidity or unenforceability and the validity or enforceability of all other provisions of these Terms and Conditions is not affected.

18.3

Notices

A party may validly give a notice to another party only by:

18.3.1

personally serving the notice on the other party (the notice is treated as received at the time of service of the notice);

18.3.2

leaving the notice at the address of the party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party at any time (the notice is treated as received at the time the notice is left at the relevant address);

18.3.3

posting the notice by prepaid post to the address of that party as specified in these Terms and Conditions or as otherwise notified in writing by that party to the sending party from time to time (the notice is treated as received 5 days after the date on which it is posted);

18.3.4

emailing the notice to the email address of the other party and the email will be deemed to have been received within 24 hours of the time that the email is sent and the sender receiving notification of the successful delivery of the email transmission; or

18.3.5

sending the notice by facsimile, without transmission error (the notice is treated as received on production of a "successful transmission" notice) to the facsimile number of the party.

These Terms and Conditions are governed by, and must be construed in accordance with, the laws of the State of Queensland in the Commonwealth of Australia and the Supplier, User and In2culture irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland or of the Commonwealth of Australia situated in the Central Business District of either Brisbane or Cairns (the determination of which locality will be solely at In2culture's discretion) and the courts of appeal from them.

Waiver of a breach of, or default under, these Terms and Conditions or of any right, power, authority, discretion or remedy created or arising upon a breach of, or default under, these Terms and Conditions:

18.5.1

is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these Terms and Conditions; and

18.5.2

be in writing and signed by the party granting the waiver.

In2culture may amend these Terms and Conditions at any time and the Supplier agrees to be bound by the Terms and Conditions as amended.

19.1

Definitions

In these Terms and Conditions unless the contrary intention appears or the context otherwise requires:

19.1.1

Fees means the fees, which are payable by the Supplier for accessing the materials on the Website.

19.1.2

GST means any tax, levy, charge, or impost implemented under the GST Act.

19.1.3

GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth) or an Act of the Parliament of the Commonwealth of Australia substantially in the form of or which has a similar effect to the GST Act.

19.1.4

In2culture means In2culture Pty Ltd.

19.1.5

In2culture Services means all of the services provided by In2culture to a Supplier pursuant to these Terms and Conditions.

19.1.6

Privacy Policy means the privacy policy displayed on the Website as amended from time to time.

19.1.7

Products means the goods and services advertised on the Website on behalf of the Suppliers.

19.1.8

Terms and Conditions means these terms and conditions as amended from time to time.

19.1.9

Supplier means a person or entity who advertises products and services on the Website and/or engages the services of In2culture in respect of website design in accordance with these Terms and Conditions

19.1.10

User means a person or entity who uses and accesses the Website in accordance with these Terms and Conditions.

19.1.11

Website means the website www.campertravel.com.au or such other website or social media platforms operated by In2culture from time to time from which In2culture provides the In2culture Services.

In these Terms and Conditions unless the contrary intention appears or the context otherwise requires:

19.2.1

clause and subclause headings are for reference purposes only;

19.2.2

the singular includes the plural and vice versa;

19.2.3

words denoting any gender include all genders;

19.2.4

reference to a person includes any other entity recognised by law and vice versa;

19.2.5

where a word or phrase is defined its other grammatical forms have a corresponding meaning;

19.2.6

any reference to a party to these Terms and Conditions includes its successors and permitted assigns;

19.2.7

if a party consists of more than one person, these Terms and Conditions binds them jointly and each of them severally;

19.2.8

any reference to any agreement or document includes that agreement or document as amended at any time;

19.2.9

the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it;

19.2.10

the expression at any time includes reference to past, present and future time and the performance of any action from time to time;

19.2.11

an agreement, representation or warranty on the part of two or more persons binds them jointly and severally;

19.2.12

an agreement, representation or warranty on the part of two or more persons is for the benefit of them jointly and severally;

19.2.13

reference to a provision described, prefaced or qualified by the name, heading or caption of a clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment in these Terms and Conditions means a cross reference to that clause, subclause, paragraph, schedule, item, annexure, exhibit or attachment;

19.2.14

reference to a statute includes all regulations and amendments to that statute and any statute passed in substitution for that statute or incorporating any of its provisions to the extent that they are incorporated;

19.2.15

these Terms and Conditions may not be construed adversely to a party only because that party was responsible for preparing it.