Terms and Conditions
Introduction
Welcome to Unforgettable Sri Lanka (ABN 82 671 162 020) (the business owned and operated by Koonalage Group Pty Ltd (ACN 671 162 020)) (“we”, “us” or “our”).
About us
Before you engage
The Portal allows you to create an Account to access our services which includes the following:
- our online and mobile job management product; and
- any other services provided by us from time to time,
(together, the “Services”).
Customers
You are a “Customer”, “you” or “your” in these Terms and Conditions if you access and/or use the Services or are named as the party on any booking details or confirmations.
Eligibility
In order for a Customer to be eligible to use our Services, the Customer must:
- be an individual who is at least 18 years old;
- have full legal capacity and power to understand, acknowledge and agree to these Terms and Conditions and to access and use the Services in the manner contemplated by these Terms and Conditions;
- have a valid and verifiable email address and a mobile telephone number;
- have received or be entitled to receive your passport and any visas or approvals required for your booking in good time prior to the date of departure or the commencement of your booking (as the case may be); and
- provide their full real name and true and correct personal details which may be subject to our verification of identity check.
By agreeing to these Terms and Conditions, you represent and warrant that you are eligible to use the Services and you will not use the Services (or cease using the Services immediately) if you are not eligible to do so at any time.
Legal nature of these Terms and Conditions
These Terms and Conditions form a binding legal agreement between us, our successors and assignees, and each Customer. The Terms and Conditions explain our obligations as a service provider and the Customer’s obligations as a consumer of the Services. By using the Services, each Customer understands and agrees to comply with and be legally bound by these Terms and Conditions. Please read these Terms and Conditions carefully before accessing and/or using any of the Services.
If any of the above is not correct, or if the Customer does not agree to these Terms and Conditions, the Customer is not permitted to access or use any of the Services.
These Terms and Conditions may be amended from time to time by prior electronic notice to you. Use of the Services following any such amendments will be deemed to be confirmation that the Customer accepts those amendments. We recommend that each Customer reviews the current Terms and Conditions, before continuing to use the Services.
Privacy Policy
Your privacy is very important to us. These Terms and Conditions supplement and incorporate our Privacy Policy. Please refer to our Privacy Policy (a copy of which either has been provided or can be accessed at Privacy Policy for further information about how we collect, use, store, process and disclose your personal information.
Definitions and Interpretation
All capitalised terms in these Terms and Conditions have the meaning given to that term in the in the Schedule “Definitions” unless the context requires otherwise.
- Services
- As we offer a variety of Services and we continue to create and offer new Services, this section outlines the full list of Services offered and how they are provided.
- Agency and Services
Unforgettable Sri Lanka sells bookings, ticketing and other ancillary services for travel, accommodation and other leisure activities (“Arrangements”). Unforgettable Sri Lanka is neither a common carrier nor a private carrier and does not provide any of the travel, accommodation or other activities described on the Site or as detailed or described in any information provide by us to you (“Travel Products”). Unforgettable Sri Lanka acts as your agent in making the Arrangements with third party suppliers who provide Travel Products (“Suppliers”). Unforgettable Sri Lanka is not in any way the Supplier or agent of any such Supplier. You will also be subject to the terms and conditions of any third party suppliers in addition to these terms and conditions.
- Scope of the Services
- Details in respect of each of the Services are as set out on the Site or otherwise as provided by us to you from time to time.
- If there are any conflicts between the details of the Services as set out on the Site, these Terms and Conditions and the scope of the Services provided by us to you from time to time, the following order will apply in respect of any such conflict:
- firstly, the scope of the Services provided by us to you;
- secondly, the scope of the Services set out on the Site; and
- thirdly, the scope of the Services set out in these Terms and Conditions.
- You acknowledge and agree that the scope of each of the Services may change from time to time without warning or notice. As such, you:
- must review the scope of the Services prior to each request for the provision of any of the Services as they may differ from any previous requests and/or provisions of such Services; and
- agree that the scope of the Services will be such scope of Services as set out at the time of the request for the provision of such Service.
- Third party suppliers
All Arrangements and Travel Products that are arranged by us are provided by Suppliers and are advertised by us on an ‘as-is’ basis and are reasonably believed to be reputable and to operate in accordance with the standards set down by their own local authorities. Those Arrangements and Travel Products are provided subject to those Suppliers’ terms, conditions and limitations (some of which may exclude or limit liability in respect of death, injury, delay, loss or damage to passenger’s person and/or effects) and we accept no responsibility for them and do not make or give any warranty or representation whatsoever as to their standard. Any legal recourse you may have in respect of those travel products is against those Suppliers and not against us in any way whatsoever.
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Disclosure of personal information
- As part of the Services, we may collect personal information. This section describes how we do this and what we do with this information.
- Privacy
Any personal information provided by a Customer to us will be collected, used and stored in accordance with our Privacy Policy as available at https://unforgettablesrilanka.com.au/
- Payments
By using our Services and/or providing us with any of your personal information (including payment details to make a payment), you acknowledge and consent to us disclosing some or all of your personal information to third parties in accordance with our Privacy Policy and in accordance with local data protection laws. Please refer to our Privacy Policy which deals with the disclosure of your personal information to third parties.
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Prices
- This section outlines the prices and the price adjustments that may apply to the Arrangements.
- Prices and Price Adjustments
- All prices are subject to availability and can be withdrawn or varied without prior notice. Prices are only guaranteed once the Arrangements has been paid for in full. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product and/or service. Such factors include, but are not limited to, adverse currency fluctuations, fuel surcharges, taxes and airfare increases.
- Prices in Australian Dollars
- Unless otherwise stated, prices shown are in Australian Dollars (“AUD”) and are fully inclusive of Australian taxes, levies, and charges and other applicable fees and are correct at the time the quote is provided. For some international travel product, pricing has been converted to AUD using the exchange rate at the time the Arrangements are made. Variations to your final price may occur due to currency fluctuations and must be re-quoted on the date of payment. Some fares and specials may be withdrawn without notice, sometimes on the same day as quoting. We bear no responsibility to honour a price that is no longer available. If travel is booked for more than one traveller, and the traveller number decreases, the price will increase for the remaining travellers in most cases.
- Third party price changes
- We will notify you of schedule or price changes made by Suppliers for any reason beyond our control. If the change or changes result in the Arrangements costing more, or otherwise being materially different (and in respect of which we have already accepted your full payment) you may rearrange them or withdraw subject to the Supplier’s terms and conditions as at the time of the Arrangements. The Company reserves the right to correct any errors in amounts quoted, calculated or billed in respect of any part of the Arrangements, even if full payment has been made.
- Instant Purchase Prices
- Some product and/or service prices are ‘Instant Purchase’ due to the dynamic pricing of products and/or services and constantly changing availability, and so can only be secured if paid for in full immediately when quoted (and even once paid for by you in full, a product and/or service price may not be able to be secured for you, because the price (e.g. an airfare or a room-rate) may become unavailable in the short time period between your payment being processed by us and our booking systems being able to make the booking for you due to availability or changes in the Supplier’s booking and yield management systems). If this occurs, we will notify you as soon as possible and provide you with reasonable alternatives or a refund as soon as possible. Please contact your consultant for our most up-to-date prices.
- No representations and warranties
- We do not represent or warrant that our prices or any sale airfares are identical to or cheaper than any prices or sale airfares that might be available direct from the airline, or that our in-store prices and sale airfares are identical to or cheaper than our online prices or sale airfares.
- Errors in pricing
- We endeavour to ensure that all prices listed on the Site and in our quotes are accurate and up-to-date. However, due to exchange rate fluctuations or increases in supplier rates, we reserve the right, up to and including the date of check-in, to adjust any fees, charges or prices as necessary, even if the Travel Products acquired or the Arrangements made have been paid for in full, to reflect such cost increases passed onto the Company. We also reserve the right to correct any errors in fees, charges, rates or prices quoted or billed, even if the Travel Products acquired or the Arrangements have been paid for in full.
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Deposits and Payment
- In delivery of the services, we may require you to make payment of the Services in full or as a deposit with the balance due and payable at a later date.
- Payment in full
- Unless otherwise stated, all payments must be received in full prior to a confirmation being issued. If your payment is not received or declined by your bank or credit card issuer, we cannot ‘hold’ the Arrangements on your behalf.
- Deposits
- You may be required by us or by a Supplier from time to time to pay a deposit or deposits in respect of the Arrangements. If required, we will advise you of how much that will be and the purpose of such deposit. Subject to your rights under the Australian Consumer Law, all deposits will be subject to section 7 below.
- A deposit will generally secure any part of the Arrangements which includes any bookings or seats, however prices quoted may change before you make the final payment for the reasons outlined in these Terms and Conditions. Final payment is required as and when we notify you from time to time. Some products and/or services must be paid in full at the time of booking.
- Credit Card Fees
- If you pay any amounts to us by credit card, a credit card surcharge may apply when processing this payment. You acknowledge, agree and authorise us to charge all fees incurred by us in respect of the payments to your credit card used to process the payment. If payment is not received from the card issuer or its agents for any reason, you agree to pay us all amounts due immediately on demand.
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Our Fees
- To provide you with the Services, we receive remuneration through various channels and supporting referral partners.
- We receive remuneration through commissions, financial incentives, fees or payments, rebates, other means including transaction processing fees, merchant service fees or other payments or credits of a similar nature and other means (together, “Financial Arrangements”) from third party Suppliers, card issuers, credit providers, payment service providers and/or other suppliers/partners for booking travel and travel-related products and/or services on your behalf and/or for providing other products and/or services (including any credit) to you. We are entitled to retain, and we are not required to account to you, for any such fees, payments or credits we may receive. We are not required by law to disclose the nature or value of these Financial Arrangements.
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Monies not held on Trust
- All payments made to us are not held by us as trust monies but rather funds that is available for the Arrangements required to be made by us or our compensation for providing the Services.
- You agree and acknowledge that all monies paid by you to us will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies. All monies paid by you to us will be the property of us, but some of it might also be or become a debt due and payable by us to the Supplier, in accordance with the payment terms we have agreed with that Supplier (net of any form of remuneration to which we are entitled). Payments will generally be made to the Supplier before the services to which the money relates are provided. However, in some cases, payment will be made to the Supplier after the services to which the money relates have been provided to you. In any event, we can only provide you with a refund once we are authorised by the Supplier to process your refund, subject to that Supplier’s change or cancellation policy.
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Changes or Cancellations
- While we will endeavour to avoid any changes or cancellations to any part of the Arrangements, situations do occur which require certain parts of the Arrangements to be changed or cancelled.
- All changes and cancellations to the Arrangements will be managed in accordance with our Cancellation and Refund Policy available.
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GST and Local Taxes
- If value-added tax is required to be paid as part of the payments, the items below detail how the value-added tax will be charged and payable.
- GST and VAT Inclusive
- Unless specifically described otherwise, all amounts are value-added or local tax (GST, VAT, etc) inclusive.
- Tax invoices
- We will issue you with a valid tax invoice in respect of the payments that are required to be made by you as required by law.
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Data and Personal Information
- We may use and collect your data in the course of your use of the Portal and the provision of the Services by us to you. Our privacy policy has all of the key details of how we collect, process, store and use your personal information.
- You agree that we may collect, process, use, disclose, store, and back-up your Data (excluding Personal Information (as defined in our Privacy Policy)) for any purpose (including the purpose of enabling you to use or access the Services and any other purpose related to provision of services to you or any Customer).
- Where we collect, process, use, disclose, store, and back-up any of your Personal Information we will do so in accordance with our Privacy Policy.
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Your rights and obligations
- This section details what your rights and obligations are as you access and use the Portal and the Services.
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Your acknowledgements
- You acknowledge and agree in all respects that you have or will have as a matter of priority following the confirmation of the Arrangements:
- appropriate travel insurance (and provide evidence of such insurance policy to us on demand) which covers your travel arrangements and includes (without limitation):
- cancellation;
- medical and repatriation expenses;
- personal injury and accident;
- death;
- loss of personal baggage and money; and
- personal liability.
- valid passports for international travel with an expiry date that is sufficient and adequate to comply with Australian and each destination country’s applicable laws, requirements and regulations; and
- any and all visas, re-entry permits and any other permits, permissions and authorisations required by the immigration and other government authorities of Australia and the countries which you will be visiting.
- appropriate travel insurance (and provide evidence of such insurance policy to us on demand) which covers your travel arrangements and includes (without limitation):
- We do not make any representations or warranties about any travel insurance, passport, visa, permits, vaccinations or any other travel requirements that you may be required. As such, any fines, penalties, payments, or expenditures incurred as a result of such documents not meeting the requirements of any local or international government authorities will be your sole responsibility (except as required by the Australian Consumer Law).
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Health requirements
- You must ensure that you are aware of any health requirements and recommended precautions relevant to the Arrangements and ensure that you carry all necessary vaccination documentation. In some cases, failure to present required vaccination documentation (for example, proof of COVID-19 and/or Yellow Fever vaccination) may deny you entry into a country. We recommend that you consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel.
- Whether any medical requests can be accommodated, including (without limitation) access to power, refrigeration and travelling with the use of mobility aids, is subject to the Supplier in their sole and absolute discretion, and will often depend on several factors, including (without limitation) any modes of transport and local standards at the destination. All medical requests are beyond our control. While we will include all medical requests as a file note to the Supplier, we cannot guarantee that your request will be accommodated. It is your responsibility to follow up with the Supplier directly either at the destination or prior to travelling where possible.
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Your Obligations
- You acknowledge and agree that at the time that you use any of the Services, you will:
- carefully and diligently review the information, confirmations, forms and documents that have been produced and provided to you and will carefully review and consider as to the accuracy and adequacy of the information, confirmations, forms and/or documents before you confirm and/or accept any of these with us;
- not hold us liable whatsoever for any Claims that any authorised officer, director, company or you may be liable as a result of or in connection to the Services (except to the extent that our actions or omissions have contributed to such liability);
- be eligible to use the Services;
- where applicable, ensure that all other parties which may benefiting from the Services have provided their written consent to such effect and such consent has not been revoked at any time prior to the use of the Services;
- use the Services only and exclusively as permitted in accordance with these Terms and Conditions;
- ensure at all times that all details and information that you have provided to us is accurate, true and correct;
- ensure that any use of the Services will be in compliance with any and all applicable laws and regulations and any regulations, rules, rulings or directions provided by any governmental agency that apply to any or all parts of the Services;
- must provide all information that may be requested by us from time to time in connection with our delivery of any of the Services;
- not provide us with any information that is incomplete, false, inaccurate or misleading when using the Services in any way;
- pay all applicable amounts associated with the Services on time and in accordance with these Terms and Conditions;
- ensure any information about you, including your contact details, is accurate, current and complete. If your information changes, you must update us immediately;
- not use the Services for any fraudulent, improper or unlawful activity;
- cooperate fully with us to investigate any reported or suspected unlawful, fraudulent or improper activity;
- not use any technology to damage, intercept, download, scan, skim or otherwise interfere with the Services or the Site;
- not use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other person to use the Services;
- confirm that you have read and accepted the terms and conditions of the third party providers that are used by us in connection with the Services;
- not reproduce, make error corrections to or otherwise modify or adapt the Services or create any derivative works based upon the Services;
- not de-compile, disassemble or otherwise reverse engineer the Services or permit any third party to do so; and
- not modify or remove any copyright or proprietary notices on any of the Services.
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Our rights and obligations
- This section details our rights and obligations in providing you with the Services.
- Delivery of the Services
Subject to these Terms and Conditions, we will provide you with the Services in a timely manner and using all reasonable endeavours.
- Service Guarantees
- Our booking and advisory services come with guarantees under the Australian Consumer Law that:
- they will be provided with due care and skill;
- they will be reasonably fit for the specified purpose;
- they can reasonably be expected to achieve the desired result; and
- they will be provided within a reasonable time.
- If we fail to meet any of these guarantees, you have rights under the Australian Consumer Law.
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Liability and Indemnity
- This section outlines our and your liability and indemnities in respect of the Services.
- Indemnity
You agree to indemnify, compensate and hold us and our related bodies corporate, officers, employees and agents harmless (“Indemnified“) from and against any action, liability, Claims, loss, damage, proceeding, expense (including reasonable legal costs and expenses) suffered or incurred by any of the Indemnified, whether directly or indirectly, in connection with:
- your breach or non-observance of any obligation you may have to us pursuant to these Terms and Conditions;
- any breach or inaccuracy in any representations or warranties made by you, including the warranties and promises contained in these Terms and Conditions;
- any wilful, unlawful or negligent act or omission made by you;
- your failure to provide true, accurate and correct Data which is required to be provided by you in order for us to provide the Services;
- your failure to provide true, accurate and correct personal information for any purpose including but not limited to the provision of the Services and the personal information required in order to verify your identity;
- any violation, contravention or infringement of any applicable laws by you; and
- any act, omission, neglect or default on your part that results in a claim, liability or loss being brought by a third party against us,
except to the extent that our actions or omissions have caused or contributed to such liability, loss or damage.
- Our Liability
- To the maximum extent permitted by law:
- all warranties, whether express or implied including warranties as to fitness for any purpose and merchantability are expressly excluded;
- we shall not be liable for any injury loss expense or damages of any kind whatsoever or however arising whether directly, indirectly, consequently or contingently to any person or property and without limiting the generality of the foregoing, we shall not be liable for any losses, expenses or damages caused by delays or any other reasons or additional expenses incurred by you or the Customer including losses of prospective profits or actual profits incurred by you or the Customer;
- we do not warrant or guarantee that the Services, or the server supporting the Services, are free from defects, viruses or other harmful components, or your access to the Services will be uninterrupted or error free;
- we will not be in any way responsible for the delivery and/or receipt of any emails sent by us to any email address if such emails are not received by the recipient as a result of or in connection to any email portal or system that may be in use or any email approvals, policies and/or protocols that may be in place;
- we accept no responsibility for a Customer’s failure to provide true, accurate and correct information in connection with accessing or using the Services including but not limited to providing false information regarding the Customer’s identity or the correct billing information;
- we will not be responsible for any disclosure, use, modification or deletion of your Data resulting from any access by third party platform providers, except if the modification or deletion is a caused by our act or omission; and
- we will not be in any way responsible for or liable whatsoever for any claims, loss or damage that would have otherwise been covered by a suitable and comprehensive travel insurance policy if such policy had been obtained at the earliest opportunity by you.
- Nothing in these Terms and Conditions excludes, restricts or modifies any mandatory rights that you have under existing laws or regulations and codes, including the Australian Consumer Law. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the Service, you are entitled:
- to cancel your Service contract with us;
- to a refund for the unused portion, or to compensation for its reduced value; and
- you are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
- To the maximum extent permitted by law, our total liability arising out of or in connection with the Services, the Portal or these Terms and Conditions is limited to resupplying any of the Services or a refund for a major failure (which is capped at the Charges directly related to those Services).
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Miscellaneous
- This section contains various additional items which are important to the access to the Portal and the Services more generally.
- Feedback and Review
- From time to time, we may request that you provide us with feedback or reviews on the Services. You are not obliged to provide such feedback.
- You acknowledge and agree that:
- we, at our sole discretion, may determine whether such comments are published on our Site or any social media platform; and
- where you intend to post any negative review or comment with respect to our Services or on any external review site or social media platform, you will contact us and provide us with an opportunity to discuss your concerns before publishing such negative review or comment.
- Dispute Resolution
- If there are any complaints from a Customer, we will aim to respond and provide a suitable solution within five (5) business days.
- If a Customer is not satisfied with our response, the Customer agrees to provide us with written notice specifying the nature of the dispute, what outcome the Customer wants and what action the Customer thinks will settle the dispute. The Customer and us agree to, within fourteen (14) days of our receipt of a written notice, meet (either in person or via teleconference) in good faith to seek to resolve the dispute by agreement between them.
- Our Rights
Any express statement of a right of ours under these Terms and Conditions is without prejudice to any other rights we may have including those expressly stated in these Terms and Conditions or existing at law.
- Governing Law
The parties to these Terms and Conditions shall be bound by the laws of Victoria, Australia in relation to all matters arising (whether by contract, legislation, or other law) between the parties and the parties agree to submit to the exclusive jurisdiction of Victoria, Australia and that any legal proceedings will be heard in these courts or a court of superior standing.
- Severability
If any part or provision of these Terms and Conditions is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms and Conditions will be binding on the parties.
- Notices
- Any notice given under these Terms and Conditions by either party to the other must be in writing by email (other than in respect of any dispute) and will be deemed to have been given on transmission.
- Notices must be sent to:
- if by post, Suite 535, 1 Queens Road, Melbourne, Victoria 3004; or
- if by email, “info@unforgettablesrilanka.com.au”,
or to any other address or email address notified by email to you by us.
- Notices to you may be sent via electronic messages, including email, text message/SMS, or mobile push notifications, to the email address or numbers which you provided when setting up your access to the Services.
- Rights of third parties
A person who is not a party to these Terms and Conditions has no right to benefit under or to enforce any term of these Terms and Conditions .
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Definitions
Capitalised words in these Terms and Conditions have the meanings provided in this section.
The following words and expressions have the following meanings for the purpose of these Terms and Conditions and the provision of any Services in connection with the Terms and Conditions:
“Arrangements” has the meaning given to that term in section 1.1.
“Australian Consumer Law” means schedule 2 of the Competition & Consumer Act 2010 (Cth).
“Cancellation and Refund Policy” means the cancellation and refund policy which is available at here which may be amended and/or updated from time to time.
“Claim” means a claim, action, proceeding, judgment or demand made or brought by or against a person, however arising and whether present, unascertained, future or contingent.
“Confidential Information” means the information that:
- is by its nature confidential:
- is designated by a person as confidential; or
- the recipient of that information knows or ought to know is confidential
- the Data;
but does not include information:
- that is or becomes public knowledge otherwise than by breach of these Terms and Conditions or any other confidentiality obligation;
- that was obtained from a third party on a non-confidential basis without breach by that third party of an obligation of confidence concerning that Confidential Information; or
- was already in the possession of the Receiving Party when provided by or on behalf of the Disclosing Party.
“Data” means any data inputted by you or with your authority through the use of the Services and includes, without limitation, data owned or supplied by you or data which may otherwise be generated, compiled, arranged or developed by you in using the Services pursuant to these Terms and Conditions.“GST” has the meaning given by section 195-1 of the GST Act.
“GST Act” means the A New Tax System (Goods and Services) Tax Act 1999 (Cth) as amended or replaced from time to time.
“Indemnified” has the meaning given to that term in section 13.1.
“Intellectual Property” means all copyright (including moral rights), patents, registered and unregistered trademarks (including service marks), registered and unregistered designs, Confidential Information, circuit layout, inventions, trade secrets and know-how and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organisation of July 1967.
“Intellectual Property Rights” means all intellectual property rights including current and future registered and unregistered rights in respect of copyright (including moral rights), designs, circuit layouts, trade marks, trade secrets, know-how, confidential information, domain names, patents, inventions and discoveries and all other intellectual property as defined in Article 2 of the Convention establishing the World Intellectual Property Organisation of 1967, together with any right to apply for the grant or registration of same.
“Personal Information” has the meaning given to that term by the Privacy Policy.
“Privacy Policy” means the privacy policy of us which is available at here which may be amended and/or updated from time to time.
“Services” means any and all services provided by us from time to time.
“Site” means the website operating from the domain at “[insert]” or such other domains used by us from time to time for access to this site or any other sites or provision of any of our Services.
“Terms and Conditions” means these terms and conditions (as may be changed or updated without notice from time to time by us).