Site terms of use

Life Unhurried Pty Ltd ACN 627 792 661 (Life Unhurried) owns and operates this website (Site).  By clicking “I Accept”, you will be deemed to have accepted the terms, conditions and notices (Terms of Use) below.  If you do not wish to accept the Terms of Use, you must not click “I Accept” and you may not use this Site.

Access to and use of this Site is subject to and conditional upon becoming and remaining a Registered User as set out in the Terms of Use.  The agreement between Life Unhurried and the Registered User in relation to the products and services to be made available through this Site and as detailed below (collectively, Services) is subject to the following Terms of Use.  By using the Services, you are agreeing to all of the Terms of Use, as may be updated by us from time to time.  You should check this page regularly to take notice of any changes we may have made to the Terms of Use.

1           Services

• The Site has been established by Life Unhurried with the intent of detailing a curated list of unique and desirable accommodation (often in underrated locations) that is available for escape and relaxation for conscious travellers that value slow stays in slow and sustainable accommodation (Directory).
• Subject to the Terms of Use (including without limitation the terms requiring Registration of User and Payment Terms) Life Unhurried agrees that the Services it will provide include:
  • adding to the Directory on the Site, a listing crafted by Life Unhurried that sets out details of the accommodation provided by the Registered Users; and
  • providing editorial and marketing services in relation to the Registered User’s accommodation listed in the Directory, including without limitation, editorial and marketing services such as the following:
• regular property highlight on the Site homepage;
• promotion in social media;
• inclusion in the Life Unhurried blog;
• inclusion in monthly email newsletters (promoting information such as available dates and deals as part of round ups);
• inclusion in media pitches for potential mass-market editorial promotion;
• monthly “Traffic” report detailing how much website traffic has been driven to the Registered User’s booking page and social media accounts;
• inclusion of links in the Directory listing for the Registered User’s accommodation to its nominated booking site.
  • The decision as to the type and frequency of service is in the absolute discretion of Life Unhurried:

2           Amendments to Terms of Use

Life Unhurried reserves the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on this Site. Your continued use of the Site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

3           Site

Access to this Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Site.

4           Linked Sites

• The Site may contain links to other websites (Linked Sites), which are not operated by Life Unhurried. Life Unhurried has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.
• Whilst every effort has been made by Life Unhurried to ensure that the information contained or referred to on the Site or any Linked Sites is accurate and up to date at the time of publication, some information may be incorrect or may have changed since publication.
• All information on the Site is subject to change or update without notice.  Before relying on any information on the Site or Linked Sites, you are advised to personally confirm all information prior to making any travel, holiday or other arrangements. Life Unhurried cannot guarantee and assumes no legal liability or responsibility for the accuracy, currency or completeness of the information.
• Some of the content on the Site and the Linked Sites, including articles, sponsorships and promotions, constitute paid advertising (Sponsored Content). This means that Life Unhurried may have received a payment or other benefit in return for publishing or disseminating the Sponsored Content on its Site and the Linked Sites. Life Unhurried does not verify, endorse or otherwise approve Sponsored Content.
• The views which are expressed by members of the public who have uploaded content to the Site or the Linked Sites are not our views and we accept no liability in respect of any Content posted on these sites by third parties, nor are we responsible for its content or accuracy. Any reliance you place on content posted by third parties is at your own risk.
• To the full extent permitted by law, Life Unhurried disclaims any and all warranties whatsoever, express or implied, as to the following:
  • accuracy, completeness or reliability of the information; or
  • that the Site will operate without any errors or omissions; or
  • merchantability or fitness for any particular purpose for any service or product contained or referred to on this Site or any Linked Sites; or
  • the information handling practices or privacy policies of Linked Sites organisations.
• Maps on this Site and other Linked Sites are indicative only. Life Unhurried cannot accept any responsibility for any errors or omissions.
• Life Unhurried will not be liable to you for:
  • errors or omissions in the Site, or Linked Sites on the Internet;
  • delays to, interruptions of or cessation of the Services provided in the Site or Linked Sites;
  • any technical issues with the Site that are beyond our control.

5           Registration, Payment Terms, Billing & Refund Policy and Cancellation Policy

• Registration as a Registered User
  • In order to be able to provide us with Content or download Content or to obtain our Services pursuant to these Terms of Use you must be a Registered User.
  • To become a Registered User you must complete your registration details in the manner described on the Site. Registration is subject to payment in accordance with the Payment Terms and is non-transferable.
  • You agree to provide true, accurate and complete information about yourself as prompted by the registration form. You must log into your user account in the manner required each time you wish to contribute to the Site(s).
  • Life Unhurried is not legally bound to serve everyone; it may choose to serve a client at its own discretion. We reserve the right to refuse requests to register user accounts or to terminate your registration at any time at our sole discretion.
  • We will not accept any request to register a user account that we suspect is being made by or on behalf of a user who has been suspended from the Site(s) for breach of these Terms and Conditions or has been suspended as a user/user of another website for vexatious, illegal or inappropriate comments/contributions.)
  • You are responsible for maintaining the strict confidentiality of your account login name and password, and you are responsible for any activity under your account and password. You agree to:
• Immediately notify us of any unauthorized use of your password or account or any other breach of security; and
• ensure that you exit from your account at the end of each session. it is your sole responsibility to control the dissemination and use of your password, control access to and use of your account and notify us when you desire to cancel your account; and
• we will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

• Payment Terms
  • Registered User pricing is subject to change at any time. Available payment methods are limited to Credit Card. You will be charged either monthly or annually in advance as agreed. You may make no offset upon any amounts due to us.
  • For any payments not made as required in these Registered User Terms, at our option and without prejudice to our other lawful remedies, we may suspend or delete your business listing, cancel the registration or terminate the Registered User Term.
  • By becoming a Registered User of Life Unhurried’s Services on this Site, you agree to make payment for one full year of service, payable in advance either in a single instalment of the full annual fee of $550.00 per annum or twelve equal calendar monthly instalments payable in advance each of $55.00 being 1/12^th of the annual fee as nominated in your application to be a Registered User.
  • The payment plan will automatically renew each year until cancelled and will be billed as a recurring fee.
  • You may cancel your registration as a Registered User of Life Unhurried’s Services at anytime before the next billing cycle, subject to the terms of our cancellation policy. Cancellation of registration as a Registered User does not affect the obligation of the User to pay Life Unhurried the annual sum set out in (iii) above.
• Billing & Refund Policy
  • All registered user purchases are non-refundable and will recur accordingly. No refunds will be provided whatsoever for any reason.
  • Life Unhurried reserves the right to delete your account regardless of whether you have already paid a fee if your submission violates generally acceptable search engine practices such as, without limitation, keyword stuffing, sexual content, illegal activity or other information deemed inappropriate by Life Unhurried
• Cancellation Policy
  • There is no cancellation should you change your mind. If you have any questions or reservations, please contact us prior to making a payment for our Services.
  • Registered Users may cancel Services by giving written notice by email to hello@lifeunhurried.wpengine.com no later than 60 days prior to the expiry of the 12 month anniversary of the commencement of the agreement.
  • Upon expiry of the 60 day notice of cancellation, your Registered User status will be permanently deleted and all Services will cease to be provided. Any unpaid monthly instalments of the fee for 12 months Services will remain due and owing by the Registered User and Life Unhurried may take such action as it is advised, to recover the unpaid monies.

6. Licence to use the Site, Intellectual Property Software and Content
   • (a) Licence to use the Site
     • Unless otherwise stated, Life Unhurried and/or its licensors own the intellectual property rights in the Site and material on the Site.  Subject to the license below, all these intellectual property rights are reserved.
     • You may view, download for caching purposes only, and print pages from the Site for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
     • You must not use this Site for any purposes related to marketing without Life Unhurried’s expressed written consent.
     • There may be facilities for you to submit or post content to this Site. For Content you submit for posting to the Site (in whatever format), you:
   • (1) absolutely and unconditionally assign (and agree to use your best endeavours to procure any relevant third parties to absolutely and unconditionally assign) to us all right, title and interest in all intellectual property rights in any Content you submit to the Site(s);
   • (2) you agree that whether and in what form the Content is published on the Site(s) is at Life Unhurried’s sole discretion;
   • (3) you give unconditional consent for the Content to be altered, edited or adapted as Life Unhurried or a sub-licensee thinks fit. This consent extends to licensees and successors in title, and to all persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright;
   • Acceptable Use

• You must not use this Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
• You must not use this Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
• You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Site without Life Unhurried’s express written consent.
• You must not use this Site to transmit or send unsolicited commercial communications.
• You must not use this Site for any purposes related to marketing without Life Unhurried’s expressed written consent.
  • Life Unhurried Content
    • The intellectual property rights in all software and content (including photographic images) made available to you on or through this Site remain the property of Life Unhurried or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Life Unhurried and its licensors.
    • You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Site nor may you use any such content in connection with any business or commercial enterprise.
  • Registered User Content

There may be facilities for you to submit Registered User Content via Google Drive or Dropbox or other means and formats pre-approved by Life Unhurried.  If Registered User Content is submitted to Life Unhurried for posting on this Site and Life Unhurried confirms it approves the Registered User Content for use, then the following conditions apply to Registered User Content posted on this Site.  For Registered User Content submitted by you for posting to the Site (in whatever format), you must:

• own the Registered User Content submitted and have the right to assign copyright ownership and other Intellectual Property Rights in the Registered User Content to us;
• without limiting (i) above, you have obtained all necessary copyright ownership and other Intellectual Property Rights licenses and approvals in relation to any photographic or artistic images that you submit to Life Unhurried for use on the site and where the approval obtained requires a credit to the creator of the photographic or artistic work, you will submit with the photographic or artistic content information including the name of the creator and their website or the source of the image in the following format: “Photo by [artist name with their website hyperlinked]” or image by [artist name]via [website hyperlinked]”
• absolutely and unconditionally assign (and agree to use your best endeavours to procure any relevant third parties to absolutely and unconditionally assign) to us all right, title and interest in all intellectual property rights in any Registered User Content you submit to the Site(s);
• you agree that whether and in what form the Registered User Content is published on the Site(s) is at Life Unhurried’s sole discretion;
• you give unconditional consent for the Registered User Content to be altered, edited or adapted as Life Unhurried or a sub-licensee thinks fit, including in a way that would otherwise be a breach of your moral rights. This consent extends to licensees and successors in title, and to all persons who are authorised by the owner or prospective owner, or by such a licensee or successor in title, to do acts comprised in the copyright;
• you grant to Life Unhurried a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Life Unhurried the right to sub-license these rights, and the right to bring an action for infringement of these rights.
• your Registered User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Life Unhurried or a third party (in each case under any applicable law).
• you must not submit any Registered User Content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
• you acknowledge that Life Unhurried may or may not pre-screen Registered User Content, and that there is no obligation on Life Unhurried to pre-screen Registered User Content, and that Life Unhurried shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Registered User Content provided by you. Life Unhurried reserves the right to edit or remove any material submitted to this Site, or stored on Life Unhurried’s servers, or hosted or published upon this Site.
• Although we may from time to time monitor or review Registered User Content, discussions, chats, postings or other contributions to the Site(s), we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication.
• Life Unhurried does not claim any ownership of rights in text still and/or moving images and or other user generated content that you post on Life Unhurried’s digital and social media platforms for example on Life Unhurried’s Facebook “wall” by tagging @lifeunhurried on Instagram or Twitter, or by use of Life Unhurried’s hashtags, including but not limited to #lifeunhurried and #slowstays. However by posting your content you hereby grant to Life Unhurried a non exclusive right, royalty free, worldwide, revocable, non-transferable, perpetual licence to use, modify, delete from, add to, publicly display and/or reproduce your content including for example editing, compiling and assembling video works, interstitials or the use of photographic works as underlying works compiled into moving image without limitation for the purposes of:

• Publication on digital and social media platforms (i.e. channels, pages and/or accounts owned and/or used by Life Unhurried) in any digital media format (paid and unpaid);
• Third party use (for example, for use by Life Unhurried’s tourism industry partners such as state and territory tourism authorities); and
• Internal, non-commercial use.
• If your Registered User Content is used on Life Unhurried’s digital and/or social media platforms, or other media, your name and/or business name will always be credited to the extent reasonably practicable. Life Unhurried may also choose at its sole discretion to link back to your digital website and/or social media profile where applicable.  Furthermore, Life Unhurried may also, at its sole discretion, attach logos or other branding devices on your Content.
• You can revoke the licence you granted to Life Unhurried at any time by contacting us in writing at hello@lifeunhurried.wpengine.com and informing us that you no longer want us to use your Registered User Content.
  • Disclaimer as to ownership of trade marks, images of personalities and third party copyright.
    • Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Site are in no way associated, linked or affiliated with Life Unhurried and you should not rely on the existence of such a connection or affiliation.
    • Any trade marks/names featured on this Site are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Life Unhurried.

7          Linking to this Site

• You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
• By using this Site you are representing that:
  • You are authorised to provide any material or information that you provide,
  • any information you have provided is true and correct and can be relied upon by Life Unhurried ;
  • the material or information uploaded by you is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
  • the material or information uploaded by you is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
  • the material or information uploaded by you does not infringe any intellectual property right including, but not limited to, trademarks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
  • the material or information uploaded by you does not infringe any legislation or regulations of the Commonwealth of Australia or of any State or Territory of the Commonwealth of Australia including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Site or any law in any country where the material or information is or will be available electronically to users of this Site.
• Life Unhurried will not be liable for any direct or indirect loss or damage you may incur as a result of any incorrect information provided by you.

8          Prohibitions

• You must not misuse this Site. You will not:
  • commit or encourage a criminal offence;
  • transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
  • hack into any aspect of the Service; corrupt data; cause annoyance to other users;
  • infringe upon the rights of any other person’s proprietary rights;
  • send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
  • attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.

Breaching this provision would constitute a criminal offence and Life Unhurried will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

• We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Linked Sites.

9          Advertisements

• We may feature or display links and pointers to websites operated by third parties on Life Unhurried’s Site. Such websites do not form part of the Life Unhurried and are not under our control. We do not accept any responsibility in connection with any such website. If you link to any such websites, you leave the Life Unhurried entirely at your own risk.
• You must not link to the Life Unhurried from any other website (or otherwise authorise any other person to link from a third party website to the Life Unhurried) without our prior written consent.
• The Life Unhurried may feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.

10        Privacy policy and Cookies

• Privacy Policy

• Life Unhurried and any people or legal entities authorized by it may gather and process the personal information:
  • which you may provide when accessing the Site, such as your name, address, email address and other personal information about you; and
  • regarding the way in which you use the Site including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Site; and
  • we may authorise others to offer you goods and services using the information acquired, as described in this clause.
  • Life Unhurried collects material from you through our Sites, phone calls, application forms, from public sources, from your visits and clicks on our web pages or social media presences, and when we’re required to do so by law.
• Life Unhurried will comply with Australian Privacy legislation (including without limitation the Privacy Act 1988 (Cwth) and the Information Privacy Act 2009 (Qld) in respect to our collection, storage and use of your personal information. Our privacy policy, which sets out how we will use your information, and further detail in addition to that set out at (b) below, about cookies and other web tracking technologies used can be found at [insert link]. By using this Site, you consent to the processing described the privacy policy and warrant that all data provided by you is accurate.
  • Cookies
    • During your use of this Site, we may issue to and request from your device blocks of data known as “cookies”. We use cookies to enable the Site to work more efficiently and to provide us with information about your activities on the Site.
    • Our cookies will not allow us to obtain information of a personal nature that will identify you to us, such as your name and address. We will only be aware of such information if you provide the information to us, or you have set the preferences in your browser to provide this information automatically. Details of the cookies we use on the Site are as follows:
  • cookies that are essential in order to enable you to move around the Site and use its features;
  • cookies that collect information about how visitors use the Site, for instance which pages visitors go to most often. All information these cookies collect is aggregated and therefore anonymous.
  • By using this Site, you agree that we can place these types of cookies on your device.
  • Your web browser may allow some control of most cookies through your browser settings. To find out more about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org. Please note that you may delete and block all cookies used by this Site, but if you do so parts of the site may not work.
    • Security of Information
  • Unfortunately no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us.
  • Any information which you transmit to us is transmitted at your own risk, however once we receive your transmission, we will take reasonable steps to preserve the security of such information.
    11. Disclaimer of liability
  • (i) Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law, the material displayed on this Site is provided without any guarantees, conditions or warranties as to its accuracy.
  • (ii) To the fullest extent permitted by law Life Unhurried hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Site or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
  • (iii) This does not affect Life Unhurried’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

12   Complaints

We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

13     Termination

• (a) Life Unhurried is constantly changing and improving our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.
• (b) You can stop using our Services at any time, although we would be sorry to see you go. Life Unhurried may also stop providing Services to you or add or create new limits to our Services at any time.
• (c) We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.
• (d) Contact Life Unhurried at hello@lifeunhurried.wpengine.com should you wish to:

• Cancel your Subscription and service with us;
• Delete your Listing.

14   Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

15   Entire Agreement

These terms and conditions constitute the entire agreement between you and Life Unhurried in relation to your use of this Site and supersede all previous agreements in respect of your use of this Site.

 

16   Breaches of these Terms and Conditions

Without prejudice to Life Unhurried’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Life Unhurried may take such action as Life Unhurried deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

 

17   Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the State of Queensland, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the federal or state courts of Queensland, Australia.