Website Terms and Conditions

1. Introduction
(a) In these terms and conditions (the Terms and Conditions), "we", "our" or "us" means TripMocha. (b) Please read the Terms and Conditions carefully as they apply to your use of the internet site www.tripmocha.com or any other TripMocha owned and operated internet site, including but not limited to tripmocha.com (the Site(s)). By using the Site(s) you agree to be bound by the Terms and Conditions including those revisions referred to in (c). (c) We may revise the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted. (d) Your use of some parts or features of the Site(s) may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions: (i) will apply to your use of such parts or features of the Site(s) in addition to these terms and conditions; and (ii) will prevail over the Terms and Conditions to the extent of any inconsistency.

2. Intellectual Property Rights
(a) You acknowledge that the Content on the Site(s) is subject to copyright, trade mark and possibly other intellectual property rights. In these Terms and Conditions, "Content" means anything that you may see, read, hear, upload, download or access on or via the Site(s) (including but not limited to messages, files, data, software, images, artwork, graphics, design, photographs, illustrations, text, music, songs, videos, tags and other materials or subject-matter on the Site(s)). (b) Unless you are expressly authorised by us, or otherwise by law, you must not do any of the following yourself, or permit or authorise any other person to: (i) sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the Content (or any readily identifiable portion of the Content) in any way without our prior written consent; or (ii) otherwise infringe the intellectual property rights of any person in using the Site(s) or any Content. (c) Nothing you do on or in relation to the Site(s) will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated. (d) You agree that TripMocha owns the copyright and trade marks in the marketing logo "TripMocha", the domain name(s), www.tripmocha.com the advertising tag line(s) appearing in TripMocha advertisements on the Site(s) and the corporate logo "TripMocha" (the TripMocha Trade Marks). TripMocha reserves all rights in relation to the TripMocha Trade Marks. You agree not to use any of the TripMocha Trade Marks without our prior written consent. All other trade marks appearing on our Site(s) are the property of their respective owners. (e) Maps that are presented in this website have been provided by NASA. TripMocha has to do the following in order to use these maps: (i) NASA requires that they be provided a credit as the owners of the imagery; and (ii) a URL be provided to the Visible Earth (http://visibleearth.nasa.gov/) . More Information can be found at: http://visibleearth.nasa.gov/useterms.php

3. Content of the Site(s)
(a) We attempt to keep the Content of the Site(s) up to date. However, we do not warrant the accuracy or currency of the Content. (b) You acknowledge that the Content on the Site(s) is subject to change at any time. (c) All prices quoted on the Site(s) are in Australian dollars unless otherwise indicated. (d) Prices quoted on the Site(s) should be used as a guide only as they may change from time to time. (e) Some of the Content on the Site(s), including articles, sponsorships and promotions, constitute paid advertising (Sponsored Content). This means that TripMocha may have received a payment or other benefit in return for publishing or disseminating the Sponsored Content on the Site(s). TripMocha does not verify, endorse or otherwise approve Sponsored Content. (f) The views which are expressed by members of the public who have uploaded Content to the Site(s) are not our views and we accept no liability in respect of any Content posted on the Site(s) by third parties, nor are we responsible for its content or accuracy. Any reliance you place on Content posted on the Site(s) is at your own risk. (g) If you consider any Content that has been posted to the Site(s) is offensive, unsuitable or has in some other way breached these Terms and Conditions, please email us at admin@tripmocha.com with a link to the relevant Content and your reasons for objecting to it. We will consider your objection and determine whether the Content should be removed at our sole discretion.

4. Your Use of the Site(s)
(a) You must not: (i) use the Site(s) without the authority and supervision of a parent or guardian, if you have not reached the age of majority under any Applicable Law; (ii) disrupt or interfere with the Site(s) or servers or other software, hardware or equipment connected to or via the Site(s); (iii) reproduce any Content from our Site(s) without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion; (iv) violate any applicable law relating to your use of the Site(s); or (v) use or disseminate personal data or private information about other users of the Site(s). (b) In these Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing: (i) any law, rule or regulation of any country (or political sub-division of a country); (ii) any obligation under any licence in any country (or political sub-division of a country); and (iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

5. Links, Downloads, Plug-ins, Features and Advertisements
(a) We have not reviewed all of the websites, downloads, plug-ins, features or advertisements linked to the Site(s) and are not responsible for the content or accuracy of any such off-Site materials, including any websites linked to the Site(s) through advertisements or search engines (collectively, Third Party Material). The linking of our Site(s) to any Third Party Material does not imply that we endorse the linked material, and you use the links at your own risk. We do not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or of the descriptions or information supplied there. (b) You agree that you will not misuse any downloadable Content included on the Site(s), including but not limited to, reproducing, adapting, communicating the Content to the public, including the Content on another website or making misleading or false representations about the Content, unless expressly authorised by TripMocha. (c) Your correspondence or dealings with, or participation in promotions or business of, advertisers on the Site(s) are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site(s).

7. Monitoring of Content
(a) You acknowledge that TripMocha may or may not pre-screen Content, and that there is no obligation on TripMocha to pre-screen Content, and that TripMocha shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content provided by you. (b) Without limiting paragraph (a), you agree that TripMocha may edit, remove or not publish any Content if it considers that: (i) the Content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt; (ii) the Content is false or misleading; (iii) publication of the Content will infringe intellectual property rights (including copyright) or a person's moral rights; (iv) the Content is abusive, offensive or obscene; or (v) the Content is otherwise in breach of these Terms and Conditions. (c) Although we may from time to time monitor or review Content, discussions, chats, postings or other contributions to the Site(s), we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.

8. Indemnity
You agree to indemnify and hold TripMocha and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim against us arising out of Content you submit, post, transmit or otherwise make available through the Site(s), your use of the Site(s), your connection to the Site(s), your breach of these Terms and Conditions, or your violation of any rights of another, including all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such a claim.

9. Registration
(a) In order to be able to provide us with Content or download Content pursuant to these Terms and Conditions you must become a registered user. To become a registered user you must complete your registration details in the manner described on the website. Registration is free but non-transferable. You agree to provide true, accurate and complete information about yourself as prompted by the registration form. You must log into your user account in the manner required each time you wish to contribute to the Site(s). (b) We reserve the right to refuse requests to register user accounts or to terminate your registration at any time at our sole discretion. We will not accept any request to register a user account that we suspect is being made by or on behalf of a user who has been suspended from the Site(s) for breach of these Terms and Conditions or has been suspended as a user/user of another website for vexatious, illegal or inappropriate comments/contributions. (c) You are responsible for maintaining the strict confidentiality of your account login name and password, and you are responsible for any activity under your account and password. You agree to: (i) immediately notify us of any unauthorised use of your password or account or any other breach of security; and (ii) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account and notify us when you desire to cancel your account. (d) We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

10. Privacy Policy
(a) Registration information and other information about you is subject to our External Privacy Policy. You understand that through your use of the Site(s) you consent to the collection and use (as set forth in the Privacy Policy) of this information.

11. Cookies
During your use of the Site, we may issue to and request from your device blocks of data known as "cookies". We use cookies to enable the website to work more efficiently and to provide us with information about your activities on the Site. Our cookies will not allow us to obtain information of a personal nature that will identify you to us, such as your name and address. We will only be aware of such information if you provide the information to us, or you have set the preferences in your browser to provide this information automatically. Details of the cookies we use on the Site are as follows: (i) cookies that are essential in order to enable you to move around the Site and use its features; (ii) cookies that collect information about how visitors use the Site, for instance which pages visitors go to most often. All information these cookies collect is aggregated and therefore anonymous. By using this Site, you agree that we can place these types of cookies on your device. Your web browser may allow some control of most cookies through your browser settings. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org. Please note that you may delete and block all cookies used by this Site, but if you do so parts of the site may not work.

12. Security of Information
Unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly any information which you transmit to us is transmitted at your own risk, however once we receive your transmission, we will take reasonable steps to preserve the security of such information.

13. Use of the Site(s) Is At Your Own Risk - Disclaimer of Liability
(a) Your use of the Site(s) is at your own risk. You must not rely on any statement published on or linked to the Site(s) without first making your own enquiries to verify the information. (b) We exclude all warranties and liability to the fullest extent permissible under any Applicable Law. If a jurisdiction does not allow the exclusion of implied warranties or liability but does allow limitation to a certain maximum extent, then we limit our warranties and liability to that extent. (c) To the extent permitted by law, all information on or linked to on the Site(s) is provided "as is" and "as available" without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, safety, quality, freedom from defects or non-infringement. (d) To the extent permitted by law, we do not accept any responsibility or liability for: (i) any statement in the material on or linked to the Site(s); or (ii) any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Site(s) and its Content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.

14. General Provisions
(a) If any part of the Terms and Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. (b) The Terms and Conditions, and the use of the Site(s) and any contents thereof, are in all respects governed by and according to the laws of the State of New South Wales, Australia. By using the Site(s), you irrevocably agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Site(s) or any material contained therein, or accessed thereby.

TripMocha's Social Media Terms and Conditions:

TripMocha has created it's social media channels as a hub for people who are with TripMocha, local travellers can put up pictures on travel tiles and leave helpful, interesting facts about the place that they have visited recently. Here you'll find general information, tips on travelling in Australia or around the world, as well as plenty of images and video that help capture the travel experience. TripMocha does not accept responsibility for the comments of fans on this page and it's important to note that postings to the TripMocha Facebook page are not representative of the opinions of TripMocha, nor do we confirm their accuracy. We encourage the expression of opinions and free, frank and open discussion, but we do want people to act responsibly and play nice.
Posts will be deleted if they contain:

• violent, obscene, profane, hateful, derogatory, illegal, sexual or racist comments, content, links or images or incite such comment or behaviour
• comments that threaten or defame any person or organisation
• solicitations, advertisements, or endorsements of any financial, commercial organisations
• multiple successive off-topic posts by a single user
• repetitive posts copied and pasted or duplicated by single or multiple users
• offensive, inaccurate, false, misleading or deceptive comments or content
• material which infringes third party intellectual property rights
• any other inappropriate content or comments as determined in TripMocha's absolute discretion

Users who do not comply with this policy will also be blocked from the page in TripMocha's absolute discretion. If you have any questions about this policy, please contact us at admin@tripmocha.com Contributing to TripMocha's social media profiles TripMocha does NOT claim ANY ownership rights in photos or videos that you post on our Facebook 'wall' or by use of #tripmocha, #tripmochatiles and #tripmochaslates. However, by submitting you hereby grant to TripMocha a non-exclusive, royalty-free, worldwide, revocable, non-transferable, perpetual licence to use, modify, delete from, add to, publicly display and/or reproduce, your photo, including editing, compiling and assembling video works, interstitials or the use of photographic works as underlying works compiled into moving image without limitation in any online media formats (including e-newsletters) and through any social media channels, pages or accounts. If your photo is used on TripMocha's digital or social platforms (including tripmocha.com), your name and/or business will always be credited. We may also choose at our sole discretion to link back to your website or business social media profile. TA may, at its discretion attach logos or other branding devices on photos or videos. You can revoke this licence at any time by contacting us in writing at admin@tripmocha.com and informing us that you no longer want us to use your photo.