User agreement

  1. Introduction
  2. Scope
  3. Using the Website
  4. Content
  5. Trading on the Website and Limitation of Liability
  6. Release
  7. Breach
  8. Indemnity
  9. Legal Disputes
  10. General

In this User Agreement:

  • The "Website" means the ghosttourbookings.com, ghosttourbookings.com.au, ghosttourbookings.co.uk, and ghosttourbookings.co.nz websites and any related Ghost Tour Bookings service or tool.

Introduction

Welcome to Ghost Tour Bookings. By using the Website, you agree to the following terms with Ghost Tour Bookings. If you have any questions please contact us.

This User Agreement is effective on 17 May 2017 for all users and new users.


Scope

Before using the Website, you must read and accept all of the terms in, and linked to, this User Agreement and the Ghost Tour Bookings Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the hyperlinked information. By accepting this User Agreement, you agree that this User Agreement and User Privacy Policy will apply whenever you use the Website.


Using the Website


While using the Website, you will not:

  • use the Website if you are not able to form legally binding contracts, are under the age of 18 or are suspended from using the Website;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters or pyramid schemes;
  • distribute viruses or any other technologies that may harm Ghost Tour Bookings or the interests or property of Website users;
  • harvest or otherwise collect information about users, including email addresses, without their consent.

Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity and database rights (but no other rights) you have in the content, in any media known now or in the future.


Trading on the Website and Limitation of Liability

While we strive to maintain a safe trading environment you accept that there are unfortunately sometimes risks when trading online and using the Website, including dealing with fraudulent persons. You will not hold Ghost Tour Bookings responsible for sellers' content, actions or inactions, products or services they list or their destruction of allegedly fake items. The Website is a venue to allow suppliers to offer, and sell products and services, and users to buy products and services, at any time, from anywhere, in a variety of pricing formats and locations. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of sellers' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items or that a buyer or seller will actually complete a transaction or return an item.

When you enter into a transaction you create a legally binding contract with the seller. You must ensure that you comply with your obligations to that seller and are aware of any laws relevant to you as a buyer or seller. If a seller or buyer breaches any obligation to you, you – not Ghost Tour Bookings – are responsible for enforcing any rights that you may have.

You alone, and not Ghost Tour Bookings, are responsible for ensuring that your listing, buying and selling and any other activities conducted on our site are lawful. You must ensure that you comply with all applicable laws in Australia and other countries. You must also ensure that you strictly comply with this User Agreement and the policies which form part of the User Agreement.

We do not take ownership of the items at any time and do not transfer legal ownership of items from the seller to the buyer. Further, we cannot guarantee continuous or secure access to the Website, and its operation may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the Website.

To the extent that Ghost Tour Bookings is able to limit the remedies available under this User Agreement, Ghost Tour Bookings expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies:

  • the supply of the services again; or
  • the payment of the cost of having the services supplied again.

Release

If you have a dispute with one or more users, you release us (and our officers, owners, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.


Breach

Without limiting other remedies available to Ghost Tour Bookings at law, in equity or under this User Agreement, we may, without notice to you and in our sole discretion (which shall be exercised reasonably, having regard to the circumstances), delay listing your item, issue you a warning, restrict your activities through the Website (including but not limited to buying, selling and posting activities), temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

  • you have, or we believe that you have, breached this User Agreement, which includes any of our Policies in any way;
  • we are unable to verify or authenticate any information you provide to us;
  • we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  • if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

For security, confidentiality and privacy reasons, we are not obligated to provide you or other users the details of any investigation that we conduct or any action which we take, in relation to your membership or your account other than those that are already provided to you by us.


Indemnity

You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this User Agreement, or your infringement of any law or the rights of a third party in the course of using the Website.


Legal Disputes

This User Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Ghost Tour Bookings irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.


General

If any provision of this User Agreement is held to be invalid or unenforceable, such provision will be severed and the remaining provisions will remain in effect. In our sole discretion, we may assign our rights and obligations under this User Agreement to another entity. Headings are for reference purposes only and do not form part of this User Agreement. Our failure to act on a breach by you or others doesn't waive our right to act on subsequent or similar breaches.

We may amend this User Agreement at any time by posting the amended terms on the Website and by notifying you to the email address linked to your account. Except as stated elsewhere, all amended terms will automatically be effective 30 days after they are initially posted. If you do not accept the changes you should close your account in accordance with this User Agreement.

This User Agreement contains the entire understanding and agreement between you and Ghost Tour Bookings. The following sections survive any termination of this User Agreement: Release, Content, Liability, and Indemnity and Legal Disputes.

All prices, availability and tour information are subject to change without notification, and while every effort is made to ensure the accuracy of the prices, availability and tour information displayed on this website they are not guaranteed to be accurate.

Ghost Tour Bookings is not a provider of tours or experiences and has no responsibility for any tours or experiences provided or not provided by the tour operator or any other party. The tour operators provide services directly to customers.

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