1. Agreement Between Customer and Monatrip, Inc.

Welcome to the Monatrip.com Website and mobile applications (the “Website and mobile applications”). This Website and mobile applications and mobile applications is provided solely to assist customers in gathering travel information, determining the availability of travel-related services. The terms “we”, “us”, “our”,  and “Monatrip” refer to Monatrip Pty Ltd. The term “you” refers to any person visiting the Website and mobile applications and using or seeking to use any of the Services. This Website and mobile applications and the associated Services are offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the “Terms of Use” or “Agreement”). Please read these Terms of Use carefully. By accessing or using this Website and mobile applications, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use this Website and mobile applications or our Service. We reserve the right at any time, at our sole discretion, to replace, change or otherwise modify the Agreement without prior notice by posting the revised version of this Agreement on the Website and mobile applications, and your continued access or use of this Website and mobile applications and the Services on and from the date it is posted to the Website and mobile applications signifies your acceptance of the replacement, updated or modified Agreement.

The information contained on this Website and mobile applications constitutes an invitation to treat and is not capable of acceptance by you.

2. Use of Website and mobile applications

As a condition of your use of this Website, mobile applications and any of the associated Services, you warrant that: (i) you possess the legal authority to create a binding legal obligation; (ii) you will use this Website, mobile applications or any of the Services only in accordance with these Terms of Use; (iii) you will not use this Website, mobile applications for any purpose that is unlawful or prohibited by this Agreement; (iv) you will only use the Website, mobile applications and the associate Services to make legitimate travel itineraries for you or for another person for whom you are legally authorised to act; (vi) you will inform such other persons about the Terms of Use that apply to the travel itineraries you make on their behalf, including all rules and restrictions applicable thereto; (vii) all information supplied by you on this Website, mobile applications or to a Service Centre representative is true, accurate, current and complete, and, in the case of information you provide about other individuals, you are authorised to provide such information; (vii) if you have a Website, mobile applications account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. If considered necessary to protect the integrity and/or security of the Website, mobile applications and/or the Services, we retain the right, at our sole discretion, to deny anyone access to this Website, mobile applications and/or the Services we offer, at any time and for any reason including, but not limited to, for violation of these Terms of Use.

3. Prohibited Activities

The content and information on this Website, mobile applications (including, without limitation, price and availability information relating to travel products and services), as well as the infrastructure used to provide such content and information, is proprietary to us and providers. Accordingly, as a condition of using this Website, mobile applications, you agree not to use this Website and mobile applications, its contents or information for any commercial or non-personal purpose (direct or indirect). While you may make limited copies of your travel itinerary (and related documents) for travel or service through this Website and mobile applications, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from this Website and mobile applications. In addition, you agree not to:

use this Website and mobile applications or its contents for any commercial purpose;
use another person’s name, ID or password without permission or use this Website and mobile applications while impersonating another person;
use any device, software or routine to interfere or attempt to interfere with the proper working of this Website and mobile applications;
make any speculative, false, or fraudulent travel itinerary or any travel itinerary in anticipation of demand;
copy, reproduce, republish, transmit or otherwise communicate to the public any content provided in this Website and mobile applications including, without limitation, text, graphics, button, downloads and software without the express written permission of Monatrip, except where permitted by law;
access, monitor or copy any content or information on this Website and mobile applications using any robot, spider, scraper, program, algorithm or other automated means or any manual process for any purpose without our express written permission;
violate the restrictions in any robot exclusion headers on this Website and mobile applications or bypass or circumvent other measures employed to prevent or limit access to this Website and mobile applications;
take any action that imposes, or may impose, in the discretion of Monatrip, an unreasonable or disproportionately large load on our infrastructure;
post or transmit any unlawful, threatening, defamatory, obscene or indecent material or any material that could constitute conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law, regulation or rule that may apply in New South Wales from time to time;
deep-link to any portion of this Website and mobile applications (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
“frame”, “mirror” or otherwise incorporate any part of this Website and mobile applications into any other Website and mobile applications without our prior written authorization.
If your travel itinerary or account shows signs of fraud, abuse or suspicious activity, Monatrip may cancel any travel or service reservations associated with your name, email address or account, and close any associated accounts. In addition, we may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Monatrip reserves the right to take any necessary legal action and you may be liable for monetary losses to Monatrip, including litigation costs and damages. To contest the cancellation of a travel itinerary or freezing or closure of an account, please contact Monatrip.

4. Travel Destinations:

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. Travellers should review any travel prohibitions, warnings, announcements and advisories issued by the Commonwealth Department of Foreign Affairs and Trade prior to travel itinerary travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found on the Australian Government’s travel advisory and consular assistance service Website and mobile applications currently located at http://www.smarttraveller.gov.au.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your travel itinerary.

By offering reservations for travel products to particular international destinations, the Monatrip do not represent or warrant that travel to such points is advisable or without risk, and is not liable for damages or losses that may result from travel to such destinations.

5. Reviews, Comments, Photos and Other Submissions:

We appreciate hearing from you. Please be aware that by submitting content to us by electronic mail, postings on this Website and mobile applications or otherwise, including any hotel reviews, photos, videos, questions, suggestions, comments, ideas or the like contained in any submissions (collectively, “Submissions”) you grant to the Monatrip, a universal, non-exclusive, royalty free, perpetual, transferable, sub-licensable and irrevocable right to: (a) use, reproduce, modify, adapt, publish, translate, distribute, display, create derivative works from and otherwise communicate to the public such Submissions throughout the world in any form, media or technology; and (b) use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that the Monatrip may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion. You further grant the Monatrip the right to pursue at law any person or entity that violates your or the Monatrip’s rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published. If you do not accept these Terms of Use, please do not provide us with any Submissions.

You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this Website and mobile applications). You are prohibited from posting or transmitting to or from this Website and mobile applications: (i) any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You will be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website and mobile applications. You acknowledge that the Monatrip have the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

From time to time we may offer customers incentives to leave reviews (e.g. discount coupon/entry into prize draws, etc.) As it is important to us that reviews are impartial and honest, these incentives will be available to customers regardless of whether the review is positive or negative.

All photos submitted are subject to our Photo Submission Guidelines below. Monatrip claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

6. Trip Post Moderation:

The “Report Inappropriate Content” feature on each of the trip post enables users to help flag any questionable or inappropriate posts. We have a team of moderators that examine all trip posts that are been flagged within 24 hours, and will take action to delete them when found inappropriate or questionable, along with provide feedback to those who flagged the post. The offender of posting questionable or inappropriate trip post will receive a warning email for their offence, and if they repeat posting questionable or inappropriate posts, then their account will be terminated without any further notice.

7. Disclaimer:

The information, software, products, and services published on this Website and mobile applications may include inaccuracies or errors, including pricing errors. In particular, and to the maximum extent permitted by law, the Monatrip do not guarantee the accuracy of, and disclaim liability for any errors or other inaccuracies relating to, the information and description of the travel destination, hotel, air, cruise, car and other travel products displayed on this Website and mobile applications (including, without limitation, photographs, list of hotel amenities, general product descriptions, etc.), much of which information is provided by the users.

The ratings displayed on this Website and mobile applications are intended only as general guidelines, and the Monatrip do not guarantee the accuracy of the ratings. To the maximum extent permitted by law, the Monatrip make no guarantees about the availability of specific products and services posted. The Monatrip may make improvements and/or changes in this Website and mobile applications at any time.

Important: Nothing in these Terms & Conditions is intended to limit, exclude or modify or purport to limit, exclude or modify the statutory implied guarantees/warranties that cannot be lawfully limited, excluded or modified as provided under the Competition and Consumer Act 2010 including the statutory consumer guarantees under the Australian Consumer Law or similar laws in the State and Territories of Australia.

8. Limitation of Liability:

To the maximum extent permitted by law, in no event shall the Monatrip be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website and mobile applications or with any delay or inability to access, display or use this Website and mobile applications (including, but not limited to, your reliance upon opinions appearing on this Website and mobile applications; any computer viruses, information, software, linked sites, products, and services obtained through this Website and mobile applications; or otherwise arising out of the access to, display of or use of this Website and mobile applications) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the Monatrip have been advised of the possibility of such damages.

9. Links to Third-Party Sites:

This Website and mobile applications may contain hyperlinks to websites operated by parties other than Monatrip, Inc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. The inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

10. Copyright and Trademark Notices:

If you are aware of an infringement of any of our trademarks, please let us know by e-mailing us at email address. We only address messages concerning brand infringement at this email address.

11. Notice of Infringing Material:

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing is on the Website and mobile applications, such as a link to the infringing material.
Your address, email address and telephone number.
A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this Website and mobile applications should be emailed to @Monatrip.com for the fastest resolution.
You may also send us your notice using the contact information below:
Monatrip, Inc.
Contact details:

triphelper@monatrip.com

12. Account Termination:

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Monatrip has adopted a policy of terminating, in appropriate circumstances and at Monatrip’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Monatrip may also at its sole discretion limit access to the Website and mobile applications and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

13. Counter Notices:

If material you have posted has been taken down, you may file a counter-notification. You may want to seek legal counsel prior to doing so. Please include the following details:

Identification of the specific content that was removed or disabled and the location where that content appeared on Monatrip’s Website and mobile applications. Please provide the URL address if possible.
Your name, mailing address, telephone number and email address.
A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Monatrip may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

 

Sign and send to the following address:
Monatrip, Inc.
email address or business address

14. Patent Notices:

One or more patents owned by the Monatrip may apply to this Website and mobile applications and to the features and services accessible via the Website and mobile applications.