Terms & Conditions of Use (General)
1. General
1.1 This website is owned and operated by Travel Agent Finder®.
1.2 This page sets out the terms and conditions (Terms) on which Travel Agent Finder (including Travel Trade Connect) offers its website, free and membership services (together, Services) to you. Except as otherwise agreed in writing, all Services supplied to you by Travel Agent Finder are subject to these Terms.
1.3 Certain services may also be subject to additional terms and conditions (Additional Terms). If these Terms conflict with any Additional Terms, the Additional Terms will prevail. In accepting this Agreement, you acknowledge and agree to be bound by all applicable Additional Terms.
1.4 Terms may be amended or modified by Travel Agent Finder at any time without notice by updating this page. You should review our Terms prior to accessing our Services.
2. Acceptance
2.1 By remaining on this website and/or engaging the use of Travel Agent Finder and our Services, you represent, warrant, and agree that:
a. you have the power and authority to enter into these Terms, or if you act or engage Travel Agent Finder on behalf of another entity, you confirm that you have the authority to do so and agree to personally indemnify Travel Agent Finder from and against all loss or damage which may arise if this is not the case;
b. you are able to abide by and will abide by these Terms and all applicable laws of the jurisdiction from which you access and use the Services;
c. all information provided by you to Travel Agent Finder is true, accurate, and complete;
d. you have obtained all necessary consents, licences, authorities, and permissions as may be required in connection with your use of, or any content or representations posted to or in connection with our Services, including the Membership Services; and
e. you have had the opportunity to obtain legal or professional advice before accepting the Terms and have done so or waive that right.
f. Your continued use of the Services constitutes your acceptance of any such changes to these Terms. If you do not agree with these Terms, you must not or immediately cease to use our Services.
3. Membership
3.1 You may engage Travel Agent Finder to provide you with membership services. Membership services are subject to Additional Terms and may incur a fee. More about our membership services for travel agents here.
4. User Content
4.1 Travel Agent Finder permits the posting of third-party content on the Services.
4.2 You understand and agree that:
a. all advertisements, postings, messages, text, files, images, photos, video, sounds, links, or other materials (Content) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated;
b. you are responsible for Content you publish or otherwise make available to or through the Service; and
c. Travel Agent Finder is not liable for the Content published to or using its Services by you or third parties and makes no representations or warranties in any regard in respect such Content.
5. Intellectual Property
Our IP
5.1 This website, the Services, and Travel Agent Finder’s related media and products are subject to Intellectual Property rights including copyright and trademark. All material on this website and Travel Agent Finder’s social media platforms (including text, graphics, logos, design layout, video and audio clips, event designs, materials, promotions, advertising, content, and procedures) owned and/or controlled by Travel Agent Finder is the exclusive Intellectual Property of Travel Agent Finder.
5.2 Travel Agent Finder grants you a limited, revocable, nonexclusive license to access and use the Services for their intended purpose. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Travel Agent Finder except to provide to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service.
5.3 Travel Agent Finder does not permit you to broadcast, republish, post, upload to a third party, transmit, distribute, display in public, adapt, or change any of the Services without the prior written permission of Travel Agent Finder.
5.4 Use of the Service beyond the scope of authorised access granted to you by Travel Agent Finder immediately terminates your licence.
Third Party/Your IP
5.5 Responsibility for, and title and rights to Intellectual Property which is incorporated into the Services by you or third parties, remains with you or the relevant third party.
5.6 When you post Content to or using our Service, you:
a. represent that you are the legal owner or permitted user of any Intellectual Property included in your Content;
b. authorise Travel Agent Finder to make copies of the same as we deem necessary to facilitate the publishing or other use of the Content to or through the Service; and
c. thereby grant Travel Agent Finder an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorise sublicenses of the foregoing.
5.7 If you believe that your work has been copied in a way that constitutes copyright infringement, or that your Intellectual Property rights have been otherwise violated, please send your notice to our contact email in the section titled “Support” below.
6. Prohibited Use
Content
6.1 You agree not to use our Services to transmit, disseminate, or upload:
a. unlawful, harassing, defamatory, tortious, abusive, threatening, obscene, pornographic, or otherwise objectionable communications of any kind, including content that contains bigotry, racism, hatred, or promotes illegal activities or incites harm against anyone;
b. material which infringes or violates any third party's copyright, trademark, trade secret, privacy or other proprietary or property right;
c. material that could constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation; or
d. viruses or other harmful, disruptive or destructive files.
Conduct
6.2 You agree not to or attempt to:
a. modify, copy, adapt or reproduce any part of the Services except as necessary for ordinary operation and use;
b. decompile, disassemble, reverse engineer, or otherwise derive its code;
c. distribute, encumber, sell, rent, lease, sublicense, or otherwise transfer or commercialise the Services to any third party;
d. use, alter, or misuse our Services or Intellectual Property therein which does not belong to you;
e. use another entity’s account without proper authorisation from the account holder;
f. undermine the security or integrity or impair the functionality of the Services in any way;
g. gain unauthorised access to any materials or systems other than those to which the Travel Agent Finder has granted you written permission to access;
h. transmit, input into, or otherwise use with the Services, any file that may damage a visitor’s device or software, offensive content, or material in violation of any law.
6.3 You understand and agree that sending unsolicited email advertisements to Travel Agent Finder email addresses or through Travel Agent Finder computer systems is expressly prohibited by these Terms. Any unauthorised use of Travel Agent Finder computer systems is a violation of these Terms and laws including the Australian Spam Act 2003. These violations may subject you to civil and criminal penalties.
6.4 Travel Agent Finder may, at its sole and absolute discretion, remove any user or material which it deems fit to remove, including due to a violation of these Terms.
7. Termination
7.1 Travel Agent Finder may at its sole and absolute discretion terminate your free use of our Services for any reason, including for a breach or anticipated breach these Terms, without notice or liability to you.
7.2 You agree not to attempt to use our Services after said termination.
8. Data and Privacy
8.1 Travel Agent Finder respects your right to privacy and covenants to collect and deal with your personal information in accordance with Travel Agent Finder’s Privacy Policy and applicable laws.
8.2 Travel Agent Finder may use an electronic data collection system to monitor, manage, collect, and/or otherwise deal with data which is collected from you during or in connection with its provision of the Services. Data may be personal or aggregated (stripped of all identifiable information).
8.3 You agree that Travel Agent Finder may, to the fullest extent permitted by law, use, sell, license, distribute, disclose, and commercialise your data, including to its employees, service providers, and other third parties, in the course of or in connection with its provision of the Services to you.
9. Disclaimer of Warranties
9.1 Travel Agent Finder provides the Services on an “as is” and “as available” basis.
9.2 To the fullest extent permitted by law, Travel Agent Finder disclaims all warranties of any kind not expressly set out in these Terms, including warranties of merchantability, security, fitness for particular purpose, non-infringement, freedom from defect, in respect of the Services and any third-party content, good, or service that is posted about on our Services.
9.3 No advice or information, whether oral or written, obtained by you through our Services, shall create any warranty not expressly made in these Terms.
9.4 You accept all risks arising out of or in connection with your use or the performance of our Services.
9.5 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our Services is at your own risk and you are solely responsible for any damage or loss of data that may result.
10. Indemnity
10.1 You agree to defend, indemnify, and hold harmless Travel Agent Finder from and against all liabilities, damages, claims, fines, and expenses, including legal fees on a solicitor/client basis, which may arise during or in connection with your use of our Services or these Terms.
10.2 To the extent Travel Agent Finder’s liability is not effectively defended, indemnified, and held harmless, Travel Agent Finder limits its liability to the total amount paid by you for the use of our Services.
10.3 You agree that any claim or cause of action arising out of or related to use of our Services or these Terms must be filed within 1 year of such claim or cause of action arising.
11. Limitations on Liability
11.1 Travel Agent Finder shall not be responsible for any loss including damage, delay, or inconvenience which may result from any act or omission of any third party.
11.2 Under no circumstances, including negligence, shall Travel Agent Finder, its officers, directors, employees, agents, or suppliers, be liable for any direct, indirect, incidental, special or consequential damages including loss of profits, use, data, or other intangibles, even if Travel Agent Finder has been notified of the possibility of such damages.
11.3 If you are dissatisfied with our Services, your exclusive remedy is to discontinue the use of our Services.
Third Party Content
11.4 While Travel Agent Finder prides itself on hosting top quality accredited travel agents and other third-party providers, Travel Agent Finder does not endorse, guarantee to review, or make any warranties including as to accuracy, completeness, suitability, of third parties, their services, or content posted to our Services.
11.5 Travel Agent Finder is not liable to you or any third party under any circumstances for any content posted to the Services by you or third parties, or for any costs, charges or additional expenditures incurred by any party in relation to third party content or products.
11.6 You acknowledge and agree that your legal relationship and liability for costs and claims arising out of or in connection with third party content on our Services is solely between you and the relevant third party.
11.7 You waive any and all claims against Travel Agent Finder of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on Travel Agent Finder.
Availability
11.8 While Travel Agent Finder strives to maintain the availability of the Services twenty-four hours a day, it makes no representations or warranties that the Services will always be available. Travel Agent Finder will not be liable to you or any third party under any circumstances for the temporary or permanent unavailability of our Services.
Functionality
11.9 Travel Agent Finder may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service.
11.10 You agree that Travel Agent Finder has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service.
11.11 You acknowledge that Travel Agent Finder reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Travel Agent Finder shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
12. Force Majeure
12.1 Travel Agent Finder shall not be liable to you or any other party, for any failure to perform or delay in performing an obligation under these Terms caused (in whole or in part) by an event beyond Travel Agent Finders control including (without limitation) labour shortages, labour disputes, transport delays, data communication delays, inability to obtain products or supplies, COVID-19, fires, civil disobedience, mechanical breakdown, weather, acts of God, government action or regulation, computer software error or any similar event which makes it impossible, illegal, or materially affects Travel Agent Finder’s ability to perform its obligations under these Terms.
13. Damages for Violation
13.1 You understand and agree that, as damages are often difficult to quantify, if it becomes necessary for Travel Agent Finder to pursue legal action to enforce these Terms, you will be liable to pay Travel Agent Finder the following amounts as liquidated damages, which you accept as reasonable estimates of Travel Agent Finder’s damages for the following specific breaches of these Terms:
a. If you post a message that: (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Travel Agent Finder one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
b. If you send unsolicited email advertisements to Travel Agent Finder email addresses or through Travel Agent Finder computer systems, you agree to pay Travel Agent Finder twenty-five dollars ($25) for each such email.
c. If you post Content in violation of these Terms, other than as described above, you agree to pay Travel Agent Finder one hundred dollars ($100) for each item of Content posted. In its sole discretion, Travel Agent Finder may elect to issue a warning before assessing damages.
d. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Travel Agent Finder’s express written permission, you agree to pay Travel Agent Finder three thousand dollars ($3,000) for each day on which you engage in such conduct.
13.2 Notwithstanding any other provision of these Terms, Travel Agent Finder retains the right to seek the remedy of specific performance of, a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in, or to seek to recover damages arising from or relating to a violation of these Terms, or any combination thereof.
14. Support
14.1 Please direct all communications, complaints, and support requests to us at hello@travelagentfinder.com.au or PO Box 1690 Kingscliff, NSW 2487.
15. General
15.1 (Assignment) Travel Agent Finder may, by giving notice to you, transfer any of its rights and obligation under this Agreement. You may not transfer any of your rights or obligations under these Terms.
15.2 (Notice) A request or notice required to be given to a party under this Agreement must be in writing and delivered personally; or posted to the address of the recipient as recorded in this Agreement (or as later varied by notice); or sent by email to their email address, in which case it will be treated as received when it enters the recipient’s information system.
15.3 (Australian Consumer Law) These Terms do not limit or exclude any warranties, guarantees, representations, or conditions implied or require by law, including Australian Consumer Law.
15.4 (Severability) To the extent of any inconsistency between these Terms and any law, that part will be severed, and the remaining enforceable terms will remain in full force and effect.
15.5 (Variation/Waiver) Any variation or waiver of these Terms must be in writing and signed by both parties. The non-exercise of or delay in exercising any power or right does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
15.6 (Entire Agreement) Except to the extent otherwise provided in these Terms, these Terms constitute the entire agreement between the parties about its subject matter and supersedes any prior understanding, agreement, condition, warranty, indemnity, or representation about its subject matter.
15.7 (Dispute Resolution) Neither party may commence legal proceedings or refer for arbitration a disputed matter arising out of these Terms until the parties have engaged in mediation.
15.8 (Governing Law) This agreement is governed by the law of the state of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the Courts in New South Wales.
16. Definitions and Interpretation
In this agreement, unless context requires otherwise:
16.1 Intellectual Property means property defined by Article 2 of the Convention establishing World Intellectual Property Organisation of July 1967 including copyright, trade marks, and any right to or right to own, apply for, renew, or extend such rights, registered or unregistered, existing and not yet manifested.
16.2 Personal Information has the same meaning as it has in the Privacy Act 1988 (Cth).
16.3 Headings do not affect interpretation.
16.4 A reference to a clause, party, or schedule is to a clause, party, or schedule to this Agreement.
16.5 A reference to a party includes its related entities, directors, officers, employees, contractors, authorised representatives, successors, and permitted assigns.
16.6 A reference to a schedule, law, document, or process, is to that schedule, law, document, or process as amended, novated, supplemented, or replaced from time to time.
16.7 Where a word or expression has a defined meaning, its other grammatical forms have a corresponding meaning.
16.8 Words in the singular include the plural and vice versa.
16.9 Includes means without limitation.
Additional Terms & Conditions of Use (Members)
1.1 This page sets out the terms and conditions (Membership Terms) on which Travel Agent Finder offers its membership services (Membership Services) to its membership account holders (you).
1.2 These Membership Terms are to be read in conjunction with our Terms & Conditions of Use (collectively, Terms).
1.3 Except as otherwise agreed in writing, all Membership Services supplied to you by Travel Agent Finder are subject to the Terms.
a. you are an entity currently in the business of offering travel agent services;
b. you have the power and authority to register a membership account and enter into the Terms, or if you act or engage Travel Agent Finder on behalf of another entity, you confirm that you have the authority to do so and agree to personally indemnify Travel Agent Finder from and against all loss or damage which may arise if this is not the case;
c. you are able to abide by and will abide by the Terms and all applicable laws of the jurisdiction from which you access and use the Services;
d. all information provided by you to Travel Agent Finder is true, accurate, and complete;
e. you have obtained all necessary consents, licences, authorities, and permissions as may be required in connection with your use of, or any content or representations posted to or in connection with our Services, including the Membership Services; and
f. you have had the opportunity to obtain legal or professional advice before accepting the Terms and have done so or waive that right.
2.2 Travel Agent Finder reserves the right to make changes to the Membership Terms at any time by updating this page. Changes will take effect 7 days after the date that notice of the change/s is given.
2.3 Your continued use of your membership account or our Membership Services constitutes your acceptance of any such changes to the Terms. If you do not agree with the Terms, you must not or immediately cease to use our Membership Services.
2.4 To deregister or cancel your membership account, please contact us at the email in the section titled “Support” below.
3. Membership Services
3.1 These Membership Terms commence upon your registration of a membership account with Travel Agent Finder and continue until cancellation or termination of the membership account.
3.2 Travel Agent Finder will provide you with the Membership Services in accordance with these Membership Terms.
3.3 In consideration of Travel Agent Finder’s provision of the Services, you must pay Travel Agent Finder the fees in the intervals, manner, and amounts set out at the time of purchase of the membership and as varied from time to time. Price remains locked for the duration of a billing cycle. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless and until the associated membership account is cancelled or terminated.
3.4 Unless otherwise stated, all prices are in Australian currency and include GST. Invoices sent out prior to 3rd April 2024 excluded GST, this tax was not required.
3.5 In the event that a payment is due on my Membership, but your payment method on file is no longer valid or active or otherwise fails for any reason, Travel Agent Finder may attempt to contact you to determine updated account information. Travel Agent Finder may at its discretion, wait thirty (30) days before cancelling your membership account.
3.6 All fees are non-refundable once paid in accordance with these Terms.
a. use reasonable efforts to maintain the Membership Services in an accessible and operational condition; and
b. abide with all applicable laws.
4.2 You agree to:a.notify Travel Agent Finder of any material change to information you have provided;
b. provide copies of any consents, licences, permits, and permissions required in connection with your use of the Membership Services (if any) to Travel Agent Finder upon request; and
c. use the Membership Services in compliance with applicable laws and regulations of the jurisdiction from which you access or use the Membership Services.
5. Default
5.1 Travel Agent Finder reserves the right to charge interest at the Default Rate on and from 7 days after the date on which any fee or amount under these Membership Terms is due to be paid, calculated on the daily balance on all outstanding amounts, compounding monthly until paid in full.
6. Additional Disclaimers
6.1 As set out in our our Terms & Conditions of Use, to the fullest extent permitted by law, Travel Agent Finder disclaims all warranties of any kind not expressly set out in our Terms, including warranties of merchantability, security, fitness for particular purpose, non-infringement, freedom from defect, in respect of the Services, including Membership Services, and any third-party content, good, or service thereto or thereby posted.
6.2 Travel Agent Finder makes no guarantees that any Membership Services or part of will endure or perform to any or the same standard once your membership account is deregistered, cancelled, terminated, or otherwise ceases.
7.1 As set out in our our Terms & Conditions of Use, you agree to defend, indemnify, and hold harmless Travel Agent Finder from and against all liabilities, damages, claims, fines, and expenses, including legal fees on a solicitor/client basis, which may arise during or in connection with your use of our Services or these Terms.
7.2 To the extent Travel Agent Finder’s liability is not effectively defended, indemnified, and held harmless, Travel Agent Finder limits its liability to a refund of an amount paid by you for the use of the Membership Services, or a resupply of the relevant Membership Service again.
8.1 You may terminate your membership account and your obligations under these Membership Terms from the member dashboard. Termination by you will take effect immedately. You will not be entitled to a refund for fees which have already been paid, should you terminate your membership account in the middle of a billing cycle.
8.2 Travel Agent Finder may terminate your membership account immediately without liability to you (except for any liability incurred prior to termination) upon notice to you for any reason, including if you:8.4 All fees paid will be non-refundable in the event of your violation of the Terms.
After Termination
8.5 After termination, you must pay Travel Agent Finder all amounts due and outstanding under these Membership Terms on the earlier of their scheduled due date or 7 days from the date of termination.
8.6 Travel Agent Finder may retain data of or from you in accordance with legal and regulatory requirements. You authorise Travel Agent Finder to retain your data for these purposes.
a. You will tell Travel Agent Finder in writing, the nature of the dispute, the resolution sought and the action the complainant considers will be required to settle the dispute. You can lodge a dispute with Travel Agent Finder using the contact email below.
b. The parties will then communicate in good faith to resolve the dispute between them.
c. If the parties cannot resolve the dispute privately within 30 days, any party may refer the matter to a mediator. If the parties cannot agree on a mediator, the complainant will ask the Law Society of New South Wales to appoint a mediator. The parties must attend the mediation in good faith to resolve the dispute prior to the commencement of legal proceedings.
9.2 Attempts by Travel Agent Finder to resolve a dispute under this clause are made without prejudice to its rights or entitlements under these Terms, by law or in equity.
10. Support
10.1 Please direct all communications, complaints, and support requests to: hello@travelagentfinder.com.au.
11. General
11.1 (Assignment) Travel Agent Finder may, by giving notice to you, transfer any of its rights and obligation under this Agreement. You may not transfer any of your rights or obligations under these Terms.
11.2 (Notice) A request or notice required to be given to a party under this Agreement must be in writing and delivered personally; or posted to the address of the recipient as recorded in this Agreement (or as later varied by notice); or sent by email to their email address, in which case it will be treated as received when it enters the recipient’s information system.
11.3 (Australian Consumer Law) These Terms do not limit or exclude any warranties, guarantees, representations, or conditions implied or require by law, including Australian Consumer Law.
11.4 (Severability) To the extent of any inconsistency between these Terms and any law, that part will be severed, and the remaining enforceable terms will remain in full force and effect.
11.5 (Variation/Waiver) Any variation or waiver of these Terms must be in writing and signed by both parties. The non-exercise of or delay in exercising any power or right does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
11.6 (Entire Agreement) Except to the extent otherwise provided in these Terms, these Terms constitute the entire agreement between the parties about its subject matter and supersedes any prior understanding, agreement, condition, warranty, indemnity, or representation about its subject matter.
11.7 (Governing Law) This agreement is governed by the law of the state of New South Wales, Australia, and the parties submit to the exclusive jurisdiction of the Courts in New South Wales.
12. Definitions and Interpretation
In this agreement, unless context requires otherwise:
12.1 Headings do not affect interpretation.
12.2 A reference to a clause, party, or schedule is to a clause, party, or schedule to this Agreement.
12.3 A reference to a party includes its related entities, directors, officers, employees, contractors, authorised representatives, successors, and permitted assigns.
12.4 A reference to a schedule, law, document, or process, is to that schedule, law, document, or process as amended, novated, supplemented, or replaced from time to time.
12.5 Where a word or expression has a defined meaning, its other grammatical forms have a corresponding meaning.
12.6 Words in the singular include the plural and vice versa.
12.7 Includes means without limitation.
