Terms of use

Introduction

The WiZZ Travel directory is a website operated by WorldWide WiZZard Pty Ltd. Please read the following Terms of Use carefully before using the directory or submitting a website for review, so that you are aware of your legal rights and obligations with respect to WorldWide WiZZard Pty Ltd.

By using WiZZ Travel or submitting a website for review, you signify your irrevocable acceptance of these Terms of Use. WorldWide WiZZard Pty Ltd has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of WiZZ Travel shall be deemed irrevocable acceptance of those revisions.

We reserve the right to change, modify, suspend or discontinue any portion of WiZZ Travel at any time. We may also impose limits on certain features or restrict your access to parts or the entire website without notice or liability.

In the case of any violation of the Terms of Use, WorldWide WiZZard Pty Ltd reserves the right to seek all remedies available to it in law and in equity.

Privacy

Your privacy is very important to us at WorldWide WiZZard Pty Ltd. To better protect your rights we have provided our Privacy Policy to explain our privacy practices in detail.

Definitions

  • WiZZ Travel means all elements and all the pages contained within the WiZZtravel.com website.
  • Services means all services operated by WorldWide WiZZard Pty Ltd and third parties through WiZZ Travel.
  • Materials means all information, communications, documents, files, text, graphics, photographs, images, animations, video, audio, music, logos, software, products, and services.

Ownership

You acknowledge that all elements contained in WiZZ Travel, including but not limited to, the Materials and the intellectual property rights, are provided by and owned by WorldWide WiZZard Pty Ltd or their respective third party authors, developers and vendors.

WiZZ Travel is protected by copyright laws and other international treaties as well as other intellectual property laws and treaties and any unauthorized use of the Materials or Services at this website may violate such laws and the Terms of Use.

Except as expressly provided herein, WorldWide WiZZard Pty Ltd and its suppliers do not grant any express or implied rights to use the Materials and Services.

Logos and trademarks may be registered in certain jurisdictions. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

Grant of license

WorldWide WiZZard Pty Ltd hereby grants you permission to display, cache, and download WorldWide WiZZard Pty Ltd's Materials on WiZZ Travel, subject to the terms and conditions of this Agreement, provided that:

  • You display the relevant ownership notices provided with the Materials.
  • The use of such Materials is solely for your personal, non-commercial and informational use and will not be used for commercial gain.
  • The Materials are not modified in any way.

This permission terminates automatically without notice if you breach any of these terms or conditions. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of WorldWide WiZZard Pty Ltd. Also, you may not "mirror" any Materials contained on WiZZ Travel on any other server without WorldWide WiZZard Pty Ltd's prior express written permission. Except where expressly provided otherwise by WorldWide WiZZard Pty Ltd, nothing on WiZZ Travel shall be construed to confer any license under any of WorldWide WiZZard Pty Ltd's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise.

You acknowledge sole responsibility for obtaining any such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by WorldWide WiZZard Pty Ltd.

WorldWide WiZZard Pty Ltd shall not be liable for any special, incidental, indirect, or consequential damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the products of Third Party Providers.

WorldWide WiZZard Pty Ltd does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by WorldWide WiZZard Pty Ltd.

Any unauthorized use of any Materials contained on WiZZ Travel may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Termination of services/ website

Although it is not our intention to do so, WorldWide WiZZard Pty Ltd may modify or discontinue WiZZ Travel or the Materials provided there at any time, with or without notice to you. WorldWide WiZZard Pty Ltd will not be liable to you or any third party as a result of such modification or discontinuation. In using WiZZ Travel, including all Services and Materials available through it, you agree:

  • Not to disrupt or interfere with any other user's enjoyment of WiZZ Travel or affiliated or linked sites.
  • Not to upload, post, or otherwise transmit through WiZZ Travel any viruses or other harmful, disruptive, or destructive files.
  • Not to disrupt or interfere with the security of, or otherwise cause harm to WiZZ Travel, or any Services, Materials, system resources, servers, or networks connected to or accessible through WiZZ Travel or any affiliated or linked sites.

WorldWide WiZZard Pty Ltd reserves the right, in its sole discretion and at any time, to terminate your access to all or part of WiZZ Travel and/or any of its Services without liability to you or any third-party if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use).

Links to third party sites

WiZZ Travel contains links to Websites controlled by parties other than WorldWide WiZZard Pty Ltd. You understand and acknowledge that:

  • WorldWide WiZZard Pty Ltd does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the site, including, without limitation, third party vendors and third parties accessible through links on the site.
  • WorldWide WiZZard Pty Ltd make no representation or warranties whatsoever about any such third parties, their content, products, or services.
  • Any dealings you may have with such third parties are at your own risk. WorldWide WiZZard Pty Ltd shall not be liable or responsible for any content, products, or services offered by third parties.
  • WorldWide WiZZard Pty Ltd is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WorldWide WiZZard Pty Ltd of the linked Website.
  • You should refer to the policies posted by other Websites regarding privacy and other topics before you use them.
  • It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

Submissions

Except where expressly provided otherwise by WorldWide WiZZard Pty Ltd, if without a request from us, you send or post creative suggestions, ideas, notes or concepts or other materials (collectively, "Submissions"), they will be considered non-confidential and non-proprietary, they will be deemed, and will remain, the property of WorldWide WiZZard Pty Ltd.

Disclosure, submissions, or offer of any comments will constitute assignment to WorldWide WiZZard Pty Ltd, at no charge, of all worldwide rights, title, and interest in all copyrights and other intellectual property rights in such Submissions.

WorldWide WiZZard Pty Ltd may edit, copy, publish, distribute, translate, and otherwise use in any medium any Submissions that you forward to WorldWide WiZZard Pty Ltd, and will own exclusively all such rights, title, and interest and will not be limited in any way in its use, commercial or otherwise, of the Submissions.

You acknowledge that you are responsible for the Submissions that you provide, and that you, not WorldWide WiZZard Pty Ltd, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You are prohibited from posting or transmitting to or from WiZZ Travel any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Site Submissions

You acknowledge that when you submit a site to the WiZZ Travel directory, it is for consideration only and may be rejected, any fees paid are to cover the cost of this review and are non-refundable whatever the outcome.

Where applicable WorldWide WiZZard Pty Ltd will send an electronic invoice through its Third Parties, and will not be required to send you any other form of invoice.

If your submission is accepted into the WiZZ Travel directory then you acknowledge that:

  • WorldWide WiZZard Pty Ltd may periodically, manually or automatically, visit your site to verify its eligibility for continued inclusion. WorldWide WiZZard Pty Ltd reserves the right to remove without notice any site that does not meet the minimum requirements for inclusion.
  • Sites offering a link to the WiZZ Travel directory may also be periodically checked to ensure that the link is valid, and if not,  the position of the listing in its category may change.
  • WorldWide WiZZard Pty Ltd may at any time modify the listing information as deemed necessary, including the category in which your website is listed. At WorldWide WiZZard Pty Ltd's sole discretion the submitted website may at anytime be placed in a different or additional directory or directories run by WorldWide WiZZard Pty Ltd.
  • WorldWide WiZZard Pty Ltd controls the precedence of listings within a category based on the general rules of:
    • sites included under a paid review will appear first with sites with a valid link to the WiZZ Travel directory highest, followed by Standard sites offering a valid  link to the WiZZ Travel directory, and finally Standard listings.
    • New sites included under a paid review will be listed above all Standard listings within the category for a period of one year from the acceptance date, after which time the listing will revert to a Standard listing.
    • Paid site listing updates, if accepted, will cause the site to be listed above all Standard listings for the longer of one year from the acceptance date or the current expiry date plus one year.
  • WorldWide WiZZard Pty Ltd may periodically contact you by email to inform you of changes to its services. This will be kept to a minimum and you will be able to opt out by requesting your listing be removed from WiZZ Travel.
  • You may request your site be removed from the directory, providing that you provide either
    a). an email address within the same domain as that of the site to be removed, or
    b). the email address originally used for submission, that can be used for verification.
    WorldWide WiZZard Pty Ltd will comply with any such request at the earliest opportunity.

If your site submission is rejected then you may appeal the decision by replying to the original rejection email (all information from the original email MUST be returned). If the request is received by WorldWide WiZZard Pty Ltd within 30 days of the rejection email your site will be reviewed and you will be notified of the final decision. No further appeals or submissions will be considered.

Minimum Site Criteria for Inclusion

All sites submitted to the WiZZ.travel directory must meet the following minimum criteria:

  1. The website has to be aimed at tourists or travelers, or must provide other information that is useful for somebody planning a trip or a holiday.
  2. The website must not already appear in the directory.
  3. Commercial websites must make the official business name, and contact information available to visitors.
  4. The website must clearly define its purpose, products, and/ or services.
  5. The website must contain substantively unique content, as determined by WorldWide WiZZard Pty Ltd. (For example submission of multiple URLs pointing to the same content will cause all references to be removed from the directory).
  6. The website must not have a limited lifespan.
  7. The website must not contain any under constructions areas.
  8. All links on the website must work, and link to relevant content.
  9. The website must be in the English language or have an easily accessed English version available.
  10. The website must be up and running 24 hours a day, 7 days a week.
  11. The website must not contain any content, products, services or other information that, in WorldWide WiZZard Pty Ltd's reasonable determination, may be in violation of any laws, regulations, third-party rights, or that, WorldWide WiZZard Pty Ltd believes, in its sole discretion, is inflammatory, offensive, or otherwise inconsistent with the spirit of WiZZ Travel.
  12. If the website offers a subscription based service, you must provide as part of the submission a trial password or other information as applicable to allow WorldWide WiZZard Pty Ltd to access the service for not less than 60 days. This information will only be used by WorldWide WiZZard Pty Ltd during evaluation of the site.

Further clarification of these minimum criteria can be found in our Submission Guidelines and Frequently Asked Questions.

Australian Goods and Services Tax

WorldWide WiZZard Pty Ltd's Australian Business Number ("ABN") is 51 095 701 063.

WorldWide WiZZard Pty Ltd is registered for the Goods and Services Tax ("GST"), and the Site Review fee includes GST where the review is provided for an Australian resident entity.

There is no requirement for WorldWide WiZZard Pty Ltd to issue Tax Invoices because the  price of the supply (the Site Review fee) is less than AUD 75.00 GST inclusive.

Disclaimer

WorldWide WiZZard Pty Ltd has taken every care in the preparation of this document and whilst the information is given in good faith based upon the latest knowledge available to WorldWide WiZZard Pty Ltd, no expressed or implied warranty, representations, guaranties or conditions are given concerning such information, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid.

This information must not be taken as establishing any contractual or other commitment on the part of WorldWide WiZZard Pty Ltd.

WorldWide WiZZard Pty Ltd assume no responsibility for errors or omissions, and no liability is assumed for incidental or consequential damages in connection with or arising from the use of information or programs contained on WiZZ Travel or any other Website referenced by WiZZ Travel.

Limitation of liability

WiZZ Travel is provided "as is" and "as available" and are used by you at your sole risk.

WorldWide WiZZard Pty Ltd shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials, or use or inability to use the website.

In no event shall WorldWide WiZZard Pty Ltd be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this website, even if WorldWide WiZZard Pty Ltd  has been previously advised of the possibility of such damage.

WiZZ Travel may contain bugs, errors, problems, viruses or other limitations. WorldWide WiZZard Pty Ltd assumes no liability or responsibility for any such bugs, errors, problems or viruses or other limitations. You will not make a claim against WorldWide WiZZard Pty Ltd for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Materials. You agree to hold WorldWide WiZZard Pty Ltd harmless from, and you covenant not to sue WorldWide WiZZard Pty Ltd for, any claims based on or related to the use of the website. The effectiveness of these limitations is an express precondition to your use of this website.

Indemnification

You agree to indemnify and hold WorldWide WiZZard Pty Ltd, its officers, directors, employees, agents, and partners, harmless from any claim or demand, including reasonable legal and accounting fees, made by any third party due to or arising out of content you submit, post to, or transmit through WiZZ Travel (including, without limitation, any User Content, Design Content or computer viruses), your use of WiZZ Travel, your connection to WiZZ Travel, your violation of the Terms of Use, your violation of any laws, regulations, or third-party rights or your violation of any rights of another person or entity.

Miscellaneous

This agreement shall be governed by and construed in accordance with Australian law and the parties hereto agree to submit to the non-exclusive jurisdiction of the Australian courts. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except for other agreements or terms appearing on WiZZ Travel, these Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. Any questions relating to WiZZ Travel may be sent through our contact page. We reserve the right to make changes to these Terms at any time. Please check back from time to time to ensure that you are aware of these changes. Your continued use of WiZZ Travel will signify your acceptance of these changes.