Terms and Conditions and Acceptable Use Policy

Last updated 17th May 2018

You have come through to this page from a website which is owned and operated by Alpaca Travel Pty Limited. Alpaca Maps is a service operated by Alpaca Travel Pty Limited.

In this policy, “Alpaca Travel” or “Alpaca Maps” as well as “us”, “we” or “our”, means Alpaca Travel Pty Limited (ABN 29 608 409 990) and its related bodies.

If you are a resident of the European Union, Alpaca Travel Pty Limited is the controller of your personal data for the purposes of the European Union General Data Protection Regulation (the “GDPR”).

Please consider the terms and conditions outlined within carefully. An overview of some of the terms are:

• We consider your privacy to be of the utmost importance. Please read our Privacy Policy to see how we collect and use your personal information.

• You are able to delete your account at any time.

• You own your content but give us a right to use it however we like.

• We are not liable for your actions and no warranties are made by us.

• You will not use third party copyright material in your own content.

• You will comply with our Acceptable Use Policy.

• We can cancel your account if you act inappropriately.

• There are easy ways to reach us if you have questions or need help.

TERMS AND CONDITIONS

1. Your Acceptance

A. By using or visiting the Alpaca Travel website or any Alpaca Travel products, software, data feeds, and services provided to you on, from, or through the Alpaca Maps website, or by creating an Alpaca Travel or Alpaca Maps Account, (collectively the “Service”) you signify your agreement to these terms and conditions (the “Terms of Service”), incorporating our Privacy Policy. If you do not agree to any of these terms please do not access or use the Service. The Service is provided by Alpaca Travel, which, along with its products and services, is referred to as “Alpaca Travel” in these Terms of Service.

B. Alpaca Travel may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Although we will attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (available at https://alpaca.travel/terms-and-conditions). By continuing to access or use the Services after we have provided you with notification of changes to the Terms of Service, you are agreeing to be bound by the modified Terms of Service. If you object to any of the changes to the Terms of Service, you should stop using the Service and delete your account. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Service

A. These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, itineraries, maps, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of Alpaca Travel, including but not limited to all products, software and services offered via the Alpaca Travel or Alpaca Maps website, such as the the Alpaca Travel “Embeddable Alpaca Map” the Alpaca Maps Editor and other applications.

B. The Service may contain links to third party websites that are not owned or controlled by Alpaca Travel. Alpaca Travel has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Alpaca Travel will not, and cannot, censor or edit the content of any third-party site. By using the Service, you expressly release Alpaca Travel from any and all liability arising from your use of any third-party website.

C. Accordingly, we encourage you to be aware when you leave the Service to read the terms and conditions and Privacy Policy of each other website that you visit.

3. Alpaca Travel Accounts

A. In order to access some features of the Service, you will be required to create an Alpaca Travel or Alpaca Maps Account. If you do not provide the personal information required to create an Alpaca Travel or Alpaca Maps Account, you will not be able to access some features of the Service, You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Alpaca Travel immediately of any breach of security or unauthorized use of your account.

B. Although Alpaca Travel will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Alpaca Travel or others due to such unauthorized use.

4. General Use of the Service—Permissions and Restrictions

Alpaca Travel hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Service or the Content without Alpaca Travel’s prior written authorization, unless Alpaca Travel makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Alpaca Map).

B. You agree not to alter or modify any part of the Service.

C. You agree not to access Content through any technology or means other than the through the Service itself, the Embeddable Alpaca Map, or other explicitly authorized means Alpaca Travel may designate.

D. You agree not to use the Service for any of the following commercial uses unless you obtain Alpaca Travel’s prior written approval:

• the sale of access to the Service;

• the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or

• the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from Alpaca Travel appears on the same page and is of sufficient value to be the basis for such sales.

E. Prohibited commercial uses do not include:

• uploading an original itinerary to Alpaca Travel to promote your business or artistic enterprise;

• showing Alpaca Travel itineraries through the Embeddable Alpaca Map on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or

• any use that Alpaca Travel expressly authorizes in writing.

F. If you use the Embeddable Alpaca Map on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Alpaca Map, including but not limited to links back to the Alpaca Travel website.

G. You agree not to use or launch any automated system, including, without limitation, ”robots,” “spiders,” or “offline readers,” that access the Service in a manner that sends more request messages to the Alpaca Travel servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Alpaca Travel grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials. Alpaca Travel reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.

H. In your use of the Service, you will comply with all applicable laws.

I. Use of this service is subject to an Acceptable Use Policy (see below) which changes from time to time.

J. Alpaca Travel reserves the right to discontinue any aspect of the Service at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

A. The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Alpaca Travel, subject to copyright and other intellectual property rights under the law.

B. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Alpaca Travel on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Alpaca Travel or the respective licensors of the Content. Alpaca Travel and its licensors reserve all rights not expressly granted in and to the Service and the Content.

C. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

D. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Alpaca Travel is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Alpaca Travel with respect there to, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Alpaca Travel, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. Your Content and Conduct

A. As an Alpaca Travel or Alpaca Maps account holder you may submit Content to the Service, including itineraries and user comments. You understand that Alpaca Travel does not guarantee any confidentiality with respect to any Content you submit.

B. You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Alpaca Travel all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.

C. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Alpaca Travel, you hereby grant Alpaca Travel a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and Alpaca Travel’s (and its successors ‘and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in itinerary Content you submit to the Service terminate within a reasonable time after you remove or delete your itineraries or content from the Service. You understand and agree, however, that Alpaca Travel may retain, but not display, distribute, or perform, server copies of your itineraries that have been removed or deleted, but only in accordance with the Privacy Policy. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

D. You further agree that Content you submit to the Service will not contain third-party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Alpaca Travel all of the license rights granted herein.

E. You further agree that you will not submit to the Service any Content or other material that is contrary to the Alpaca Travel Community Guidelines, currently found at https://alpaca.travel/terms-and-conditions, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

F. Alpaca Travel does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed there in, and Alpaca Travel expressly disclaims any and all liability in connection with Content. Alpaca Travel does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Alpaca Travel will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Alpaca Travel reserves the right to remove Content without prior notice.

7. Account Termination Policy

A. Alpaca Travel will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer of these Terms of Service. A repeat infringer is a user who has been notified of infringing activity more than twice.

B. Alpaca Travel reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. Alpaca Travel may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.

8. Copyright Policy

A. Alpaca Travel operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party (see clause 6 of these Terms and Conditions).

B. As part of Alpaca Travel’s copyright policy, Alpaca Travel will terminate user access to the Website if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALPACA TRAVEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, ALPACA TRAVEL EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ALPACA TRAVEL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALPACA TRAVEL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ALPACA TRAVEL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, ALPACA TRAVEL LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).

YOU SPECIFICALLY ACKNOWLEDGE THAT ALPACA TRAVEL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Alpaca Travel from its facilities in Australia. Alpaca Travel makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Alpaca Travel, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to legal fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but maybe assigned by Alpaca Travel without restriction.

14. General

You agree that: (i) the Service shall be deemed solely based in Victoria; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Alpaca Travel, either specific or general, in jurisdictions other than Victoria. You agree that the laws of Australia, excluding Victoria’s choice of law rules, will apply to these Terms of Service. In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, the courts in Victoria. These Terms of Service, together with the Privacy Policy at https://alpaca.travel/privacy-policy and any other legal notices published by Alpaca Travel on the Service, shall constitute the entire agreement between you and Alpaca Travel concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Alpaca Travel’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

ACCEPTABLE USE POLICY

While we will endeavor to be able to support a large volume of traffic and visitation to our service as a result of using our Embeddable Alpaca Map, if we determine that as a result of your use of the Service is compromising the right or experience of the other users enjoying the Service, we may choose to terminate the service offering. This could include generating too much traffic to our services or placing our services under load. We will do our best to support your use of our Service, but reserve the right to determine acceptable use of our product and suspend the Service.

Community Guidelines

Please do not create content on our platform involving any of the below;

• Nudity or sexual content

• Harmful or dangerous content

• Violent or graphic content

• Copyrighted material you do not have the right to use

• Hateful content or threats

• Spam, misleading metadata and scams

• Purposefully misleading information

Commercial Use

We don’t want to discourage you from putting the occasional Alpaca Travel map in your blog to comment on it or show your readers a map that you like, even if you have general-purpose ads somewhere on your blog. We will, however, enforce our Terms of Use against, say, a website that does nothing more than aggregate a bunch of embedded Alpaca Map itineraries and intentionally tries to generate ad revenue from them.

Copyright Notice

If you believe your copyright-protected work was posted onto Alpaca Travel without authorisation, you may submit an infringement notification. Please do not make false claims. Misuse of this process may result in the suspension of your account or other legal consequences. Please send the infringement notification to legals@alpaca.travel.