About this document

This document sets out our general terms governing use of our editorial platform The Real Word, a website owned by Trafalgar Tours Pty Ltd.

Please note these terms relate to content supplied by and readers of The Real Word only. If you are a customer or potential customer of Trafalgar Tours Pty Ltd, please review the terms for your specific region at the following address:

Trafalgar UK: Terms 

Trafalgar USA: Terms 

Trafalgar Canada: Terms 

Trafalgar Australia: Terms 

Trafalgar New Zealand: Terms 

Trafalgar Europe: Terms 

Trafalgar South Africa: Terms 

Trafalgar Asia / Rest of the World: Terms 

Your agreement

By using The Real Word, you agree to comply with these terms. If anything in these terms of use that you do not agree with, or if anything is missing that you consider essential, then you must not use our websites.

Copyright Notice

This document, and all content of our websites is Copyright© 2020 Trafalgar Tours Pty Ltd. ALL RIGHTS RESERVED.

About these website terms of use

These are the website terms of use for The Real Word, a website owned by Trafalgar Tours Pty Ltd (referred to as “we“, “us” or “our“).  

What these terms cover

These website terms of use set out the terms on which The Real Word, may be visited, browsed and used, and are supplemental to any other terms we may apply from time to time. References to “you” and “your” are to any person who visits, browses, or otherwise uses our website or receives any of our e-mails.

The websites these terms cover

These terms cover The Real Word editorial platform, including any content that begins with the following web address: https://www.trafalgar.com/real-word/

Languages

The Real Word is in the English language(s) only.  We do not offer any other languages at the moment.

Accessing our website

Website Availability

Our websites The Real Word, will only be available at such times as we may decide, and we do not guarantee that our website, or any website content, will always be available or be uninterrupted. We may suspend our website at any time without notice and for any reason, including for upgrade, maintenance, repair, prevention of damage, and investigation. We may suspend, withdraw, discontinue or change all or any part of our website at any time without notice. We shall have no liability to you (including in negligence) if our website is not available for any reason, and we shall have no obligation to you to make sure that our website are available to you at any time.

Your systems

You are responsible for making all arrangements necessary for you to have access to our website, including compatible software and arranging internet access.  You are also responsible for ensuring that all persons who access our site through your internet connection or computer are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

No misuse

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our websites, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Completing forms and error connection

Mandatory Information

When completing any forms on our website, such as our newsletter subscription, some information is mandatory before you will be able to submit the form to us. Mandatory information requirements are clearly identified and are denoted by an asterisk (*). You will be prompted for this information if you try to submit a form which is missing any of this mandatory data.  Where any information is not marked with an asterisk then such information is optional, and you need to fill it in if you wish to do so.

Accuracy of your information

When you submit any information to us, you must ensure that it is true, accurate, current, and complete in all respects, and you represent that it is.  We will rely on your information provided.

Error Correction

When you are carrying out any process on our website that requires you to share information, you may at any time before submitting use the back button on your browser to go back and correct or change any information.  If you think there is any error in your information provided after you have submitted it, you can contact us at any time to correct it.

Our website content

For the purposes of these terms “our website content” is defined as everything making up our our editorial platform The Real Word, or which is otherwise downloaded as part of or through our website, including any functionality, trade marks, logos, graphics, photographs, images, sounds, music, video, audio or text on our website, and including any code comprised in our website such as javascripts, flash objects, cookies, HTML, and CSS.  However references to “our website content” does not include anything you post to our website, including through use of any community functionality we provide on our website as detailed below. 

Not advice

Our website content is provided for general information only, with the understanding that we are not engaged in the rendering of legal or other professional advice or service. Your reliance on or use of our websites and website content is entirely at your own risk.    

Validity and Change

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date. In any event, our website content is only valid at the time it is downloaded, and may change on a subsequent visit to our websites. We shall be entitled to change our website content from time to time, and cease providing any particular website content (including part, functionality or service of our websites), without notice, and for any reason. 

Errors

We do not guarantee that our website or any website content will be free from errors or omissions. There may be mistakes and errors in our website content which we fail to notice, which will not be binding on us. We reserve the right to correct any errors in our website content and to change any of our website content at any time without notice.

Third Party Websites

If we include a link to a third party website in our website content then you should note that these third party websites are not our responsibility and you visit them at your own risk. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and we are not responsible for the materials, services or other situations at or related to or from any other site.  We are not responsible for the direct or indirect consequences of your navigating to any other website from our websites. If you supply any personal data to them, you should read their privacy policy.

Our Copyright

You acknowledge that all copyright, designs, database rights, trademarks, patents, and all other intellectual property and material rights relating to our website content (and in the selection and arrangement thereof) is and remains our sole and absolute property. You are granted no right, licence or interest in or to our website content or any intellectual property rights in it, except for the browsing licence detailed below, and all other rights are reserved.  In particular you are not permitted to screen scrape or otherwise copy or use our website content except for the purposes of browsing our website as a customer or potential customer under the licence below.

Browsing Licence

We hereby grant you a licence to download and run the pages of our website we make accessible to you, in a web browser, and to store them in the web browser cache, for the purposes of enabling you to browsing and using our website as a customer, whether online or offline. You are also permitted to store (as a local copy on your computer file system, outside the browser cache) a copy of, or print off, any web pages we make accessible to you from our website, for your own private records and future reference, provided that you are again doing so as a customer or potential customer. Except for as expressly provided by the foregoing licence, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any of our website content, or use our website or any of our website content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website. We may terminate the above download licences at any time.

Linking to our site

You may link to our home page and article pages, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link to our website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  Our website must not be framed on any other site, nor may you create a link to any part of our site other than the home page or article pages. We reserve the right to withdraw linking permission without notice.

Your conduct and content

Use of our website

You agree to use our website only for lawful purposes reasonably connected to the intended purposes of our website, and you must not use our website for, or in connection with, any unlawful or criminal activity. You must not seek to unlawfully gain access to our website or any underlying systems. You must not use our website to market or advertise any third party, including any products or services.

Community functionality

We may offer comment facilities and other community functionality from time to time, which enable you and others to post content to our websites. As we are sure you are aware, anything you post online is available for the world to see, and may be subject to moderation or deletion by us at any time. You agree that you will be personally responsible for your use of all community functionality and for all of your communication and activity on and pursuant to our websites. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms and conditions, we may deny you access to our website on a temporary or permanent basis. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website. Please exercise discretion when communicating with others using our community functionality, and never make any assumptions about them. The views expressed by other users on our site do not represent our views or values.

Your content

You shall ensure that anything your post to our website (including text and pictures), whether through any community functionality or otherwise: (a) reasonably relates solely to us (b) is in accordance with any rules or acceptable use policies we may publish from time to time; (c) is not posted in breach of any duty of confidentiality or in infringement of any rights of a third party; (d) is not unlawful, defamatory, threatening, racist or libelous, or incitement to hatred or violence; (e) is not detrimental to people, institutions, or religions or to people’s privacy; (f) capable of causing harm to minors or unwarranted distress to any person; (g) is not detrimental to our trade marks or our website content; (h) is not personal data of a third party; (h) is not using our site to promote and advertise any businesses, product, service or other thing; (i) does not advocate illegal activity or discuss illegal activities with the intent to commit them; (j) is not vulgar, obscene, discourteous or indecent; (k) is not software.  Any content you upload to our community functionality will be considered non-confidential. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy, or any breach of law.

Licence of your content

In relation to anything your post to our website (including text and pictures), whether through any community functionality or otherwise, you hereby grant to us a perpetual, irrevocable, royalty free, transferrable, licence, with the right to grant sub-licences, to use, copy, edit, distribute, adapt, publish, translate, publicly perform and display, create derivative works from and do anything else whatsoever with that content, including (without limitation) publication and republication in any form, medium or technology (whether now known or later developed) in any part of the world. In particular, by posting a message or other content on our website, you understand that such content becomes public domain and therefore may be used by us for marketing and other purposes without any compensation required to be paid to you. You waive all moral rights (including to be identified as author) in relation to such content. You warrant that you have the right to grant the licence above, and that the exercise by us of that licence shall not infringe any copyright or other intellectual property rights in any part of the world.

Disclaimer and limitation of liability

No prejudice to consumer rights

If you are acting as a consumer (i.e. an individual acting for their private purposes not associated with a business or profession) nothing in these terms shall affect your legal rights as a consumer to the extent they may not be excluded or limited by law, and the following terms shall be read subject to this.

 Disclaimer of negligence

We disclaim and exclude any duty of care which we may owe you in respect of our website and  website content, and we shall have no liability to you in negligence with respect to our websites or website content.

 No promise as to quality and exclusion of implied terms

We provide website content on The Real Word “as is” and “as available”, without warranty, guarantee, or promise as to its quality, condition, fitness for purpose, availability, suitability, or functionality.  We do not represent or warrant that our website content is accurate, complete or current, and we shall have no liability whatsoever in respect of any use which you make of our website content.  We hereby exclude to the fullest extent permitted by law all implied warranties, terms and conditions, and all rights under any law, in your favour, with respect to our website or website contents.

 Fitness for purpose

Our website content has not been written to meet your individual requirements and it is your sole responsibility to decide if the content you choose to read, and subsequent actions you choose to take as a result of reading the content, are suitable for your purposes.

No liability for business losses

We shall not be liable to you for any loss damage or liability you suffer or incur as a result of visiting, browsing, or using our website or website content, or the non-availability or interruption of our website or website content, or relying on our website or website content.  In particular, we shall not be liable for any loss, damage or liability suffered by or in relation to any business, profession, occupation or organisation, even if we have been advised of the possibility of such loss, including: (a) loss of profit, revenue, contract, sales, goodwill, opportunity, wasted or additional expenditure, loss of bargain, loss of anticipated savings, business interruption, or liability to any third party and fines, in each case whether direct or not; or (b) for any losses or damages of any nature which are special, punitive, exemplary, indirect, incidental or consequential.

No liability for force majeure

We will not be liable for anything caused by event or circumstance beyond our reasonable control.

No liability unless our fault

 

We shall not be liable for any losses unless they are caused by any negligence, or breach of any law or legal or contractual obligation on our part. We shall not be liable for any losses caused by any act or omission on your part.

No liability for loss not foreseeable

We shall not be liable for any loss or damage which was not foreseeable.

Meaning of liability

References to our liability include our liability under or for breach of a contract, liability in negligence, liability under any statute or other law, liability for breach of statutory duty, or any other liability on whatever basis or howsoever arising, including (without limitation) where such liability arises out of or in connection with our websites, website content, and any services provided through them, your reliance on the same, or the non-availability or interruption of the same.

Changes to these terms

We may change these website terms of use at any time and from time to time without notice to you, including by publishing a new version on our website. You should check these terms for updates each time you visit our website to be sure that you are aware of any changes.  You should check the top of the document to see the latest version in force.  Any change will be prospective only, and we will not make any changes that have retroactive effect unless legally required to do so.  By continuing to use our websites after any such change you will be considered to have accepted the change.

Applicable Law and Disputes

These terms, your use of our website, and any claim relating to our website or based information on our website, is subject to the law of your applicable region, as per Trafalgar Tours Pty Ltd’s region specific websites terms. These can be found at:

Trafalgar UK: Terms 

Trafalgar USA: Terms 

Trafalgar Canada: Terms 

Trafalgar Australia: Terms 

Trafalgar New Zealand: Terms 

Trafalgar Europe: Terms 

Trafalgar South Africa: Terms 

Trafalgar Asia / Rest of the World: Terms 

User Generated Content

These terms of use (“Agreement”) apply to our use of any words, pictures, video, images, data, information or any other ‘user generated content’ (“Content”) that a user (“Content Owner”) uploads, posts or shares using third party websites or social media platforms, including but not limited to Instagram, Facebook, Pinterest, YouTube and Twitter and which we use on our social media platforms, website and various promotional materials. Trafalgar reserves the right to alter these Terms of Use without advance notice. Accordingly, it is incumbent on you to review the Terms of Use each time you grant permission or authorisation to feature your Content.

Our Right to Use the Content

Although, as we explain herein, you retain ownership of the Content, by submitting, posting or displaying the Content you are granting, and hereby do grant to Trafalgar, a perpetual, worldwide, non-exclusive, fully paid-up, fully transferable right and license to use (including the right to copy, display, perform, publish, modify, adapt and translate) such Content in all forms and media. This means that our right to possess, use and display the Content anywhere and through any means will never expire, that we will never owe you any money for it and that we may allow others to use or possess the Content

DELIVERY
By the Content Owner replying to a comment on an individual piece of content with the hashtag #TrafalgarApproved, the Content Owner agrees that the individual piece of content may be used by Trafalgar and its affiliates and/or related entities (“Trafalgar”) the Content as provided below.

USAGE
In the delivery of content, the Content Owner grants Trafalgar non-exclusive rights to use the Content in activity as defined below:

a.Purpose:

To authentically depict experiences on Trafalgar trips from the perspective of Trafalgar’s guests;

b.Medium:

Used across various marketing channels in different forms of media, including but not limited to use on website (https://www.trafalgar.com including https://www.trafalgar.com/real-word/), print, social media, email, digital advertising, out-of-home, events, third party platforms and APIs. Trafalgar may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Content in any manner in their sole discretion, with no obligation to you whatsoever;

c.Period:

in perpetuity and;

d.Territory:

global.


PERSONAL INFORMATION
The Content that you submit is deemed non-confidential and Trafalgar has no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.

GENERAL

a. The Content Owner confirms they are at least 18 years of age.

 
b. The Content Owner confirms that they are solely responsible for the Content and they are the original creator of the piece of Content and have no known knowledge that the Content was created by another individual.

c. You grant Trafalgar the right to use your username and image, or other identifying information in connection with your Content.

d. In most implementations, however without any obligation to do so, imagery will be accompanied with the Content Owner’s Instagram username and the date that the piece of Content was originally posted.

e. The Content is still entirely owned by the Content Owner, who is merely granting Trafalgar the rights to use the Content in the marketing activity.

f. If a Content Owner chooses to relinquish rights granted to Trafalgar, they must contact Trafalgar in writing, including the piece of Content, a link, photograph or screenshot of where the Content appears in Trafalgar’s marketing collateral, and evidence that they are the original Content Owner of the piece of Content. Trafalgar will, wherever reasonably possible, remove such Content.

g. By agreeing to the use of the Content, you waive any payment for the use of Content across all mediums and channels.

h. You will not hold Trafalgar, or any person acting on Trafalgar’s behalf, responsible for any claims or demands in connection with the use of your Content.

i. Please ensure that you are careful and selective about the Content that you disclose about yourself and others and do not disclose sensitive, proprietary or confidential Content. Should you disclose information that is sensitive, proprietary or confidential, you do so at your own risk and Trafalgar is not responsible for any consequences of such disclosure.

j. If one or more of the provisions contained in the Agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. Such provisions shall be revised only to the extent necessary to make them enforceable.

k. Trafalgar reserves the right to remove, wherever reasonably possible, any Content from our website and social media channels. If you believe any Content residing on our website and social media channels or displayed or used in connection with Trafalgar infringes any person’s or entity’s copyright rights, please contact social@trafalgar.com 

l. This agreement is subject to your regions applicable law, and any dispute arising in respect hereof shall be subject to the jurisdiction of the competent courts in your applicable region. This Agreement is in no way sponsored, endorsed by, administered by, or associated with, Facebook, Twitter, Pinterest or Instagram.

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