A) Terms and Conditions of Use
1. Our Website is a travel and activity search engine. We do not provide, own or control any of the travel services and products that you can access through our Website, such as experiences, activities, accommodations, transportation (the ‘Travel Products’).
3. We may modify these Terms for any reason—at any time—by posting a new version on Our Website; these changes do not affect the rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of the modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate use of Our Website.
B) We do not sell travel products and activities products
4. The Travel Products are owned, controlled or made available by third parties (the ‘Travel Providers’) either directly (e.g., by a local Host provider) or as an agent (e.g., online travel agency). The Travel Providers are responsible for all Travel Products. The Travel Provider’s own terms and privacy policies apply to your booking, so you must agree to and understand those terms. Furthermore, the terms of the actual travel provider (e.g. airline, hotel, tour operator, etc.) apply to your travel, so you must also agree to and understand those terms. Your interaction with any Travel Provider accessed through Our Website is at your own risk; LXC does not bear any responsibility should anything go wrong with your booking or during your travel.
5. The display on Our Website of a Travel Product or Travel Provider does not—in any way—imply, suggest, or constitute a recommendation by LXC of that Travel Product or Travel Provider, or any sponsorship or approval of LXC by such Travel Provider, or any affiliation between such Travel Provider and LXC.
6. LXC hosts content, including prices, made available by or obtained from Travel Providers. LXC is in no way responsible for the accuracy, timeliness or completeness of such content. Since LXC has no control over the Travel Products and does not verify the content uploaded by the Travel Providers, it is not possible for us to guarantee the prices displayed on Our Website. Prices change constantly and additional charges (e.g., payment fees, services charges, checked-in luggage fees, local taxes and fees) may apply, so you should always act with due care and skill and check whether the price asked for a booking is the one you expected. Some Travel Products may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for informational purposes only and should not be relied upon as accurate or real-time; actual rates may vary, and your payment provider (e.g., your credit card company) may charge conversion fees and apply another date’s currency rate.
C) Booking through LXC
7. If you make a booking through Our Website for Travel Products and services, that booking is made with the Travel Provider named on the booking page and Our Website only acts as a user interface. Accordingly, LXC has no responsibility for the booking between you and the Travel Provider or the quality and condition of the Travel Products and services because LXC has no involvement in creating a description of the Travel Products and services, in defining the price and any fees, or in providing the Travel Products and services that you book. If you have any issue/s or dispute/s with your booking and/or the Travel Product and services, you agree to address and resolve these with the Travel Provider and not with us.
8. Travel Products and services may carry special restrictions and conditions, for example, non-negotiable conditions on cancellation policies, and non-refundable policies, validity and expiration period policies. We recommend that you thoroughly check all relevant special restrictions and conditions (including product, service and reservation conditions) prior to making your Reservation.
9. Travel Product Providers may also have, declare applicable and/or require acceptance of, in addition to the policies and fine print as advertised or published by them on the LXC Platform, their own terms and conditions, house rules, disclaimers and limitations of liability for the Reservation, use, delivery (including shipping and carriage), payment, refund, cancellation, access and consummation of the relevant Travel Products (Provider Terms and Conditions). We recommend that you carefully read the Provider Terms and Conditions before you (decide to) make or complete a Reservation.
D) Cancelations and/or Refunds
10. All bookings are non-refundable. Under certain circumstances, we will do our best to assist customers, however, we must also abide by the rules and restrictions of our Travel Providers. LXC is not responsible for and has no control over these Policies.
11. All cancellation requests must be made in writing to firstname.lastname@example.org. Where a Travel Product Provider is liable to provide you with a refund for a booking, the Travel Product Provider may do so, less any credit card fees, bank conversion fees or cancellation fees or any service fees payable to us.
12. Travel Product Providers reserve the right to cancel, amend or reschedule your booking due to unforeseen circumstances (such as weather, natural disaster etc.). We will not be held liable for such cancellation, amendment or reschedule of your booking and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person, except where required by law. We highly recommend Travel Insurance and can provide you with an Insurance Letter and Tax Receipt to present to your supplier.
13. If an LXC User cancels a confirmed Booking and/or Reservation through the LXC platform, LXC will refund the amount of the Total Prices which LXC had collected from the User via the LXC Platform at the time of Reservation process, to the User pursuant to the relevant Product Terms and Conditions and as otherwise in accordance with the provisions of this Agreement.
14. In the event of a Pandemic (as declared by the World Health Organization), all bookings will be refunded subject to the rules and restrictions of our Travel Providers.
E) Intellectual property
15. We, along with our corporate affiliates, the Travel Providers and other licensors, own all of the text, images, software, trademarks, service marks and other material contained on Our Website. You will not copy or transmit any of the material except if you are doing so for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non-LXC product, service, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification and referral purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.
16. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website or otherwise through experiences any materials that violate another person’s intellectual property rights. If you believe that your trademark or copyright rights have been violated, please send us a written notification to the address disclosed in the How to Contact Us section.
F) Use of our Website
17. You may only use and register to become a user of Our Website or experiences if you are of sufficient legal age ‘per the laws of your home country’. If you become a registered user or make a booking resulting in the creation of an LXC account, you are responsible for maintaining the secrecy of your passwords, login and account information. You will be responsible for all use of Our Website by you, anyone using your password and login information (with or without your permission) and anyone who you allow to access your travel itineraries. All information that you provide to us must be accurate and up to date. If any of your information changes, you must immediately update it. If you have reason to believe that your account is no longer secure (e.g., loss, theft or unauthorised disclosure or use of your information or computer or mobile device used to access Our Website), you must promptly change your Personal Information that is affected.
18. If you decide to have messages or other communications from Our Website sent directly to your mobile device, you are solely responsible for keeping us updated with your current phone number, respectively updating to the latest version of the mobile app, and for any charges incurred by receiving such messages. We will not be liable for information sent to a device that is associated with your outdated mobile phone number or using an outdated mobile app. If you install any software or enable any service that stores information from Our Website on any mobile device or computer, it is your responsibility, prior to transfer or disposal of such device, to remove your information or otherwise disable access to such software or service in order to prevent unauthorised access to your information or account.
19. You may only use Our Website to search for legitimate travel deals; you may not use Our Website to make any false, fraudulent or speculative reservation or any reservation in anticipation of demand. By using Our Website, you agree to comply with domestic and international laws that apply to exporting technical data and penalties for breach of laws, regulations, codes and other in relation to the correct handling of data.
20. In addition, you agree not to do any of the following without prior express written permission from LXC:
20.1 access the site with any manual or automated process for any purpose other than your personal use or for inclusion of LXC pages in a search index. Use of any automated system or software to extract data from Our Website (‘screen scraping’), for commercial or non-commercial purposes, is prohibited;
20.2 violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
20.3 deep-link to any portion of Our Website for any purpose;
20.4 use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
20.5 reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;
20.6 use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate, as determined by us;
20.7 post or distribute any material on Our Website that violates the rights of any third party or applicable law;
20.8 use Our Website to collect or store personal data about others;
20.9 use Our Website for any commercial purpose; or
20.10 transmit any ad or promotional materials on Our Website
21. We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to any or all component(s) of Our Website.
22. Your Experience
22.1 If you use LXC, you are solely responsible for the travel information and other content that you upload, transmit or share with us or others on or through LXC, and you represent and warrant that you are not transmitting or sharing LXC information that you do not have permission to share. It is your job to create backup copies and replace any LXC information you provide us with at your expense.
22.2 An ‘Experience’ as defined by LXC, is any activity or service offering made available to LXC customers on the LXC Platform by local hosts. When you provide us with experience information (being the activity/service descriptors and/or terms and conditions) or make a booking through LXC, you authorise us to make copies as we deem necessary in order to facilitate the storage, organization and collection of the experiences information.
22.3 By providing us experiences information, you represent and warrant that you have the right to give us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, reformat, translate, syndicate and distribute that experiences information that we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise, and to prepare derivative works of (or incorporate into other works) that experiences information. You may remove your experiences information from experiences at any time, but the license that you have granted will remain in effect. You understand that we do not control nor are we responsible for reviewing experiences information. However, we reserve the right to review, edit, or delete any experiences information or your account at any time.
22.4 If you are an experience host, you should make sure you understand each of the following types of taxes, and pay the ones that apply to your experience:
22.4.1 Value added taxes (VAT)
22.4.2 Income taxes
22.4.3 If you are unsure about how local taxes may apply to you or your Experience, we encourage you to check with official sources or seek professional accounting advice.
23. Warranty Disclaimer and liability
23.1 Our Website, all content and services provided on Our Website and all itineraries that you obtain through experiences are provided on an ‘as-is’ and ‘as available’ basis. Our content is largely generated in an automated fashion; errors can and do happen. We usually have many search results, but we are not comprehensive and do not display all available providers and offers. Accordingly, we do not always display the lowest available price. LXC expressly disclaims—to the fullest extent permissible—all warranties of any kind, whether expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance.
23.2 The website is written in English and some local languages (e.g. Fijian) and that all content and services are to be interpreted and reviewed in strictly that language and the context of the LXC website.
23.3 We (together with our officers, directors, employees, representatives, shareholders, affiliates, and providers), to the extent permitted by law, hereby expressly exclude any responsibility and liability for (a) any loss or damages to, or viruses that may infect, your computer equipment or other property as the result of your access to Our Website, your downloading of any content from Our Website or your use of experiences or (b) any injury; death; loss; claim; act of god (including but not limited to catastrophic events and natural disasters); accident; delay; or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including—without limitation—lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with: (i) any use of Our Website, experiences or our content; (ii) any failure or delay (including—without limitation—the use of or inability to use any component of this Website for reservations or booking); or (iii) the performance or non-performance by us or any Travel Provider.
23.4 Travel Product Providers reserve the right to cancel, amend or reschedule your booking due to unforeseen circumstances (such as weather, natural disaster etc.). We will not be held liable for such cancellation, amendment or reschedule of your booking and we will not reimburse you for any travelling, accommodation or other expenses incurred by you or any other person, except where required by law. We highly recommend Travel Insurance and can provide you with an Insurance Letter and Tax Receipt to present to your supplier.
23.5 Some states or countries have different thresholds when it comes to limitation of liability, so the limitations above may not apply or apply only partially to you.
23.6 Any dispute, controversy or claim arising out of, relating to or in connection with this contract, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Sydney, Australia. The language of the arbitration shall be English. We rely on Article 10 of the ACICA Arbitration Rules.
24 You agree to protect us
Subject to these Terms, you will defend, indemnify and hold us and each of our officers, directors, employees and agents harmless from and against any claim, cause of action, liability, expense, loss or demand, including—without limitation—reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website, experiences or the Intellectual Property.
26. General requirements
26.1 We may change the site and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users, including those enrolled before the date the changes take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) and/or, if you are a registered user, by cancelling your account and your access to your account.
26.2 Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint ventures’ or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you, provided your rights under these Terms are not prejudiced. One or more Trademarks may apply to this site and to the features and services accessible via the site, including—without limitation—Trademark Class numbers: 35, 39 & 42.
26.3 If we fail to act with respect to your breach or anyone else’s breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms make up the entire agreement between us relating to your use of Our Website, including experiences, and replace any prior understandings or individual Host agreements (whether oral or written) regarding your use of Our Website.
26.4 To the extent permitted by law, the laws of Australia; without regard to its conflict of laws rules – will govern these Terms, as well as your and our observance of them. If you take any legal action relating to your use of Our Website, including experiences, or these Terms, or our services, you agree to file such action only in the state and federal courts located in Australia; if you are a consumer, the law may allow you to also bring proceedings in the courts for the place where you are domiciled. In any such action or any action, we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorney fees. To the extent permitted by law, you agree that any disputes, claims and causes of action arising out of or connected with Our Website and/or these Terms, will be resolved individually, without resort to any form of class action.
F) Use of Our Website
We encourage you to share your comments and questions with us at email@example.com if requiring a response, we will endeavour to respond within 72 hours. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like the product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future LXC products or services.
Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of LXC. Furthermore, by submitting feedback, you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute the feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
If you have any questions about these terms and conditions, please contact us using our feedback form or by postal mail at:
Local X Connect Pty Ltd
PO Box 3326,
Liverpool Westfield NSW 2170