Terms & Conditions

 

 

Terms and Conditions of Use

Please read these Terms and Conditions carefully before using https://www.flystayluxe.com (the “Site” or “Website”) and the services, features, content or applications offered by this website (collectively, the “Services”).

For the purposes of these terms and conditions, “Us”, “Our”, “We” and “Fly Stay Luxe” refers to FlyStayLuxe.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.

This website is owned and operated by Fly Stay Luxe, an Australian based business located in the State of Queensland.

Acceptance of Terms

If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and website disclaimer, govern FlyStayLuxe.com’s relationship with you in relation to your use of this website.

By using this website, including but not limited to; browsing this website, submitting documents or media, registering and/or using the services offered by this website, you signify your acceptance of these terms and conditions of use and all other rules, policies and procedures published on this site. Certain services offered on this website may be subject to additional terms and conditions specified by Fly Stay Luxe; your use of such services is subject to those additional terms and conditions.

Amendment of Terms

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and FlyStayLuxe.com’s rights and obligations to each other.

Limitation of Liability

It is an essential pre-condition to you using our website that you agree and accept that FlyStayLuxe.com is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Competition and Consumer Act

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), FlyStayLuxe.com’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.

You must be over 18 years of age to use this website and to purchase any goods or services.

Registration

To get the most benefit from our services or to make a purchase of goods or services, you may be required to register an account with our website. It is your responsibility to provide accurate and complete information and to keep your account updated. You are responsible for the activity that occurs on your account, and you must not allow any other person to use your account to access this website. You must not use any other person’s account to access this website. You must notify us in writing immediately if you become aware of any unauthorised use to your account.

Cancellation or Suspension of Your Account

Fly Stay Luxe may at any time, without notice or explanation, suspend your account, cancel your account or edit the details of your account at our sole discretion. You may cancel your account on our website at any time by emailing hello@flystayluxe.com.

Delivery of Goods

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of FlyStayLuxe.com.

Digital goods are delivered immediately. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.

Returns and Refunds

FlyStayLuxe.com handles returns and processes refunds in accordance with the Australian Consumer Protection legislation.

Should you wish to return your order, please notify us within 14 days of purchase with a valid reason for return. If we are unable to resolve your complaint or further assist you, we will process a refund upon timely receipt of the goods purchased. Unopened goods will be refunded in full. Refunds will be processed promptly, and payment made by the same method that you made payment. All refunds are made at the discretion of FlyStayLuxe.com.

Links to Other Websites

FlyStayLuxe.com may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between FlyStayLuxe.com and the owners of those websites. FlyStayLuxe.com takes no responsibility for any of the content found on the linked websites.

FlyStayLuxe.com’s website may contain information or advertisements provided by third parties for which FlyStayLuxe.com accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

Warranty Disclaimer

Any and all information on our website is educational and for information purposes only and is provided by FlyStayLuxe.com.au. It is not to be construed as business advice and should not substitute professional advice based on your own business or personal circumstances.

While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. It is your sole responsibility and not the responsibility of FlyStayLuxe.com to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.

Through this website, you may be able to link to other websites which are not under the control of FlyStayLuxe.com.au. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, FlyStayLuxe.com.au takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

To the fullest extent permitted by law, FlyStayLuxe.com absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. FlyStayLuxe.com gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.

Affiliate Disclaimer

This site may use affiliate links to sell certain products or services. An affiliate earns a commission when you purchase the product or service at the end of our link. A commission, affiliate fee and referral fee are all the same thing for this purpose, though we may use them interchangeably.

We will take reasonable efforts to inform you when a purchase through one of our links will result in a commission paid to us. We disclaim any and all liability as a result of your purchase through one of these links. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Earnings Disclaimer

Fly Stay Luxe make(s) no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through our communications or services or your participation in the purchase of any of our products or participation in our affiliate program(s). Past results are not an indication or promise of your results. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.

Your Privacy

At FlyStayLuxe.com, we are committed to protecting your privacy. We use the information we collect about you to maximize the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. FlyStayLuxe.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.

Third Parties

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.

Disclosure of Information

FlyStayLuxe.com may be required, in certain circumstances, to disclose information in good faith and where FlyStayLuxe.com is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

Exclusion of Competitors

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of FlyStayLuxe.com. FlyStayLuxe.com expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term, then FlyStayLuxe.com will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. FlyStayLuxe.com reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.

Copyright, Trademark and Restrictions of Use

This website and its contents are the copyright of Fly Stay Luxe – © 2019. All rights reserved.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular, you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.

FlyStayLuxe.com expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Whole Agreement

These terms and conditions represent the whole agreement between you and FlyStayLuxe.com concerning your use and access to FlyStayLuxe.com’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

Use of Website Content

All images, photographs, graphics, data, including but not limited to moving images, videos and other content (together “Material”) on this website are protected by Australian and international copyright, trademark, patent and other laws relating to intellectual property. You may not do anything which interferes with or breaches those laws or our intellectual property rights in the Material. Any unauthorized use of any Material may violate such laws and we do not grant any express or implied permission to you to use any Material. You may not copy, republish, link to, download, modify, adapt, repost, reverse engineer, create derivative works based on or otherwise use any of the Material on this website without a licence or an agreement from us.

You can purchase the Material featured on this website. If you decide to purchase Material, you may not reproduce, display, transmit, distribute or otherwise exploit the Material, or any portion thereof, in any manner, including, without limitation, print or electronic reproduction, publication or any display of Material except in accordance with the agreed licensing provisions. Materials are intended for your personal use only, unless otherwise specified in the agreed licensing provisions. You may not use or reproduce Material in such a manner as to suggest an affiliation with or endorsement by any product, person or entity that is not affiliated with you. For any other use or distribution, you must have express written consent from us.

Engaging Our Services

To engage our services, a formal quote must be agreed. All proposals, quotes and projects are subject to the client terms included in our Collaboration Agreement. When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services.

Our website may contain samples of our client work. You are at no time permitted to copy, modify or use in full, all or any part of these materials.

Jurisdiction

This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and FlyStayLuxe.com that results in litigation, then you must submit to the jurisdiction of the courts of Queensland.

Effective Date of Terms and Conditions:01 March 2018