1 Terms and conditions

1.1 This Agreement is made between you as the Customer (you or your) and Travelbeen Limited (Travelbeen) when you use this Website it constitutes your agreement to the terms and conditions in respect of your access to and use of this website (Website). The provisions set out below are the only terms and conditions on which Travelbeen agree to provide the services offered on this Website. By accessing the Website you agree to be bound by all these terms and conditions.

1.2 These Terms may be modified from time to time and you should regularly review these Terms, because they are binding on you.

1.3 Your continued use of the Website and our services constitutes your agreement to these Terms and any modifications to them.

1.4 If you do not agree to, or cannot comply with, these Terms, do not use this Website.

2 Use and Prohibitions

Eligibility

2.1 The Website is only intended for individuals who can form legally binding contracts. By using the Website, you are representing and warranting that you are capable of entering into a legally binding contract.

Use of Website

2.2 The Website Content is the property of Travelbeen. Travelbeen authorises you to view and access a single copy of the Website Content available on or from the Website subject to the prohibitions and limitations in these Terms.

Website Prohibitions

2.3 Travelbeen specifically prohibits and you agree not to:

2.3.1 use the Website in violation of any applicable law or regulation;

2.3.2 use the Website to transmit, distribute, store or destroy material, including without limitation Website Content, in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of Travelbeen or others or violate the privacy, publicity or other personal rights of others;

2.3.3 sell, modify or delete the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose;

2.3.4 access data not intended for you or logging into a server or account which you are not authorised to access;

2.3.5 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;

2.3.6 use the Website to transmit, distribute, store or destroy material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity, or contains sexually explicit images or statements;

2.3.7 copy or adapt the HMTL code created to generate any Website Content or the pages making up the Website;

2.3.8 impersonate or otherwise misrepresent your identity or affiliation with any other person or entity;

2.3.9 collect or store data about other users or merchants, including e-mail addresses;

2.3.10 send unsolicited mail or email, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website;

2.3.11 use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website, including without limitation, material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;

2.3.12 attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or

2.3.13 frame or link to any Website Content or information available from the Website.

2.4 You acknowledge and agree to be responsible for your own communications and are responsible for the consequences of your actions.

Advertising

2.5 Neither Travelbeen nor its Personnel recommend or endorse the content or privacy practices of any third party sites which may be linked to or from Travelbeen, or products or services of any third party organisations mentioned or described on the Website or linked to or from this Website. You acknowledge that you enter any third party sites at your own risk and that Travelbeen is not responsible for third party sites.

2.6 The Website may contain advertisements for third parties’ goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Travelbeen nor its Personnel recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.

3 Registration

Optional Registration

3.1 If you register as a member of the Website, you must provide Travelbeen with certain information, including (without limitation) a valid email address.

3.2 You agree and acknowledge that you are responsible for:

3.2.1 maintaining the confidentiality of your information and password where you are issued with one as part of the registration process; and

3.2.2 all uses of your account, whether or not authorised by you.

3.3 You may not disclose to, or share your password with any third parties or use your password for any unauthorised purpose.

Travelbeen's use of information provided by you

3.4 Travelbeen may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application or purchase, in addition to the terms and conditions that may be set forth in any privacy policy on this Website.

3.5 Travelbeen will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Travelbeen reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter. Such offers may be made by Travelbeen or by third parties.

4 Access and Security

Right to deny access

4.1 Travelbeen reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Travelbeen believes, in its sole discretion:

4.1.1 violates any term or provision of these Terms;

4.1.2 violates the rights of Travelbeen or third parties; or

4.1.3 is otherwise inappropriate for continued access and use of the Website.

Monitoring of access

4.2 You acknowledge and agree that Travelbeen has no obligation to monitor your access to or use of the Website, but has the right to do so for the purpose of operating the Website, or to ensure compliance with these Terms, or to comply with any law or order of a court.

5 Privacy

5.1 The Privacy Act 1993 limits the use of personal information from public registers. You are responsible for ensuring data is used within the requirements of the Act.

5.2 Information transmitted over the internet is inherently insecure. We will not disclose your personal information to any third party unless authorised by you or your representative(s) or compelled to do so by law. We confirm that we will act in accordance with the Privacy Act1993.

6 Fast Submit Website Submission

Pricing

6.1 Prices are subject to change at the Seller's discretion without a reason or notice.

6.2 All prices include Travelbeen's commission and all other applicable taxes and duties.

Payment and invoices

6.3 Payment must be made using the methods provided on the Website, including, but not limited to, payment by credit card or direct debit.

6.4 Travelbeen does not provide or offer any credit facilities.

6.5 Upon payment for a purchase, the Website and or PayPal will generate an invoice. The invoice is based on information provided by you and Travelbeen is not liable for any incorrect information, misrepresentation, and the invoice does not represent that a transaction was entered into between Travelbeen and you.

Processing

6.6 Submitted websites will not be reviewed until full payment has been received by the Travelbeen.

6.7 It is your obligation to enter the correct details at time of ordering. If you wrong details, or details that Travelbeen deems to be unacceptable, Travelbeen is under no obligation process the order.

Returns

6.8 All payments are non-refundable

7 Intellectual Property Rights

7.1 We either own or otherwise have the right to use the intellectual property rights with respect to the content as well as in relation to our products and services (Intellectual Property). You acknowledge and accept that we are either the owner, or otherwise have the right to use our Intellectual Property and that you will not assert any claim or interest in or to our Intellectual Property, other than in relation to those rights which are expressly provided to you in these website terms and conditions.

7.2 You may make any copies of any information reasonably incidental to your viewing of our website and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without our prior written approval.

8 Liability, indemnity and warranties

No warranties

8.1 Travelbeen, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement in respect of the Website and any Products advertised on it.

8.2 Without limiting clause 8.2 Travelbeen does not warrant:

8.2.1 the accuracy, reliability, completeness or timeliness of the Website Content, services, software, text, graphics and links;

8.2.2 that each User of the Website is who they claim to be;

8.2.3 that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. The Website is provided by Travelbeen on an “as is” basis without any express or implied warranty of any kind.

Your indemnity

8.3 You agree to defend, indemnify and hold harmless Travelbeen and its Personnel, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:

8.3.1 any material you provide to the Website;

8.3.2 any Website Content that you use;

8.3.3 your breach of the terms of these Terms; or

8.3.4 any dispute you have with a Seller.

No liability

8.4 Travelbeen, Travelbeen's Personnel, Travelbeen's suppliers, or any other third party mentioned on the Website, will not be liable for any direct or indirect damages or loss (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and the Website Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Travelbeen is advised of the possibility of such damages.

8.5 Without limiting clause 7.5, Travelbeen does not accept any liability in respect of your involvement in any mediation, arbitration, tribunal hearing, court proceeding or other proceedings (of whatever nature) with any Seller in any way.

9 Payment Terms

9.1 All prices and transactions processed on this website are deemed to be effected in US Dollars (USD).

9.2 Credit card payments are processed through PayPal after which you are returned to the website.

9.3 Payments are made under both Travelbeen’s (this agreement) and PayPal’s terms and conditions, which can be found on the PayPal website.

9.4 All payments are non refundable

10 Termination

Termination by Travelbeen

10.1 Travelbeen reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to:

10.1.1 deletion of your postings from the Website;

10.1.2 immediate termination of your account with or ability to access the Website; and / or

10.1.3 immediate termination of any other service provided to you by Travelbeen,

upon any breach by you of these Terms, or if Travelbeen is unable to verify or authenticate any information you submit to the Website at registration.

10.2 Travelbeen reserves the right to inform other users of any breach committed by you.

11 Miscellaneous

Additional terms of use

11.1 Certain areas of the Website are subject to additional terms of use. By using such areas, or any part of, you agree to be bound by the additional terms of use applicable to such areas.

Entire agreement

11.2 These Terms contain everything the parties have agreed in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this document was executed.

Governing law and jurisdiction

11.3 These Terms are governed by the law of the New Zealand. The parties submit to the non-exclusive jurisdiction of its courts and courts of appeal from them. The parties will not object to the exercise of jurisdiction by those courts on any basis.

Links to other websites

11.4 The Website contains links to other websites. These links are provided solely as a convenience to you and not as an endorsement by Travelbeen of the contents on such third party websites. Travelbeen is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.

Overseas access

11.5 Travelbeen makes no claims that the Website Content may be lawfully viewed or accessed outside the Territory. Access to the Website Content may not be legal by certain persons or in certain countries.

11.6 If you access the Website from outside the Territory, you do so at your own risk and responsible for compliance with the laws of your jurisdiction.

Resale, assignments and transfers

11.7 You must not resell, assign or transfer any rights or obligations under these Terms.

11.8 You must not make any unauthorized commercial use of the Website.

Severability

11.9 Each provision of these Terms is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this document in the relevant jurisdiction, but the rest of this document will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

Commercial Electronic Messages

11.10 You consent to receive commercial electronic messages marketing our goods and services and new products. You also consent to receiving any electronic messages containing updated information in relation to the services, news and various other information of related interest.

12 Definitions and interpretation

Definitions

12.1 In this document the following definitions apply:

Travelbeen means Travelbeen Limited

Personnel means in relation to a party:

(a) that party's director, officer, employee, agent, contractor, financier, professional adviser, invitees, licensees and guests; and

(b) any persons granted security identification cards or keys at the request of that party.

Products means the products available for purchase through the Website

Territory means the country in which you access the Website.

User or Users means the individuals/entities that use, view, or access the Website, including customers, members and Sellers.

Website means http://www.travelbeen.com, http://www.travelbeen.co.uk, http://www.travelbeen.com.au, http://www.travelbeen.in, http://www.travelbeen.ca, http://www.travelbeen.co.nz, http://www.travelbeen.co.za

Website Content means any information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website.