Website Terms and Conditions of Use

About the Website

1.1. The Website https://flighthacks.com.au is operated by Cool Cat Media Pty Ltd T/AS Flight Hacks (ABN 62 621 902 654) (“Flight Hacks”). Access to and use of the Website is provided by Flight Hacks. Please read these terms and conditions (“Terms”) carefully. By accessing or using the Website, you agree that have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website immediately.

1.2. The Website provides information in relation to travel and lifestyle, including reviews, news, available frequent flyer promotions and strategies to maximise the earning of frequent flyer points.

1.3. Your use of parts of the Website also may be subject to disclaimers or additional terms and conditions, such as when you enter a competition, participate in a forum or communicate with other users.

1.4 Flight Hacks reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Flight Hacks updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. We recommend you keep a copy of the Terms for your records.

1.5 Flight Hacks may in its sole and absolute discretion, for any reason or no reason, and without notice:

(a) alter or withdraw any functionality on the Website;

(b) withdraw or suspend access to all or any part of the Website;

(c) monitor the use of the Website;

(d) subject to any applicable laws, treat any material that you transmit or display as non-confidential and non-proprietary; and

(e) edit or remove any material that you may have uploaded, posted, emailed or otherwise transmitted to the Website.

Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Flight Hacks in the user interface.

Your obligations

As a user, you agree that:

You will use the Website only for purposes that are permitted by the Terms;

you will not use the Website for any illegal and/or unauthorised use which includes collecting email addresses of other users by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without. Appropriate legal action will be taken by Flight Hacks for any illegal or unauthorised use of the Website; and

you acknowledge and agree that any automated use of the Website is prohibited.

No recommendation or financial advice

4.1 The Website contains information relating to credit cards with frequent flyer benefits. Information provided in respect of credit cards is ancillary to the purpose of informing you of the frequent flyer benefits and promotions. Flight Hacks publishes general information about selected credit and debit card products/offers. We do not write about all credit and debit card products/offers available in the market

4.2 Flight Hacks does not provide credit or financial advice, assist, or make recommendations in connection with credit or financial products or services. Flight Hacks is not a credit provider nor are we suggesting that you apply for a specific product from a particular product issuer.

4.3 You should not make credit or financial decisions based solely on the availability of frequent flyer benefits or promotions.

4.4 The content on the Website does not constitute advice. It has been prepared without taking into account your objectives, financial situation or needs. It is provided for your convenience and information only.

4.5 You should not act on any information provided by the Website or its advertisers without first having regard to your own objectives, financial situation and needs and obtaining advice from an appropriately qualified professional. The information on this website is no substitute for financial advice.

No warranty of success

Flight Hacks makes no warranty or representation that using the information supplied on the Website will achieve a desired, or any, outcome in relation to frequent flyer status or points accumulation. Promotions and strategies to maximise frequent flyer points or status will vary in effectiveness from person to person. Your result may vary.

No other warranties and limitation of liability

6.1 To the extent permitted by law, Flight Hacks excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Flight Hacks is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth), Flight Hacks’ liability is limited (to the extent permitted by law) at its option to the following:

in the case of goods supplied or offered by it:

to the supply of those goods again; or

(ii) to the payment of the cost of having those goods supplied again; or

(b) in the case of services supplied or offered by it:

(i) to the supply of the services again; or

(ii) to the payment of the cost of having services supplied again.

6.2 Flight Hacks, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:

(a) a user’s use of or inability to use the Website,

(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website;

(c) any information available on or through the Website or on or through any website to which there is a link from the Website; or

(d) Flight Hacks’ negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.

6.3 Flight Hacks we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with these Terms, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Commercial consideration

7.1 Flight Hacks may from time to time receive payment or consideration in kind for featuring a product or service in its content, promotions or advertising. Where Flight Hacks has received consideration in connection with content, this will be stated accordingly.

7.2 Flight Hacks may receive a commission when you apply for a credit or debit card using an outbound link published on this website.

Copyright and Intellectual Property

8.1 The Website is subject to copyright, trademark and other intellectual property protection. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Flight Hacks.

8.2 Flight Hacks retains all rights, title and interest in and to the Website and all related Content. Nothing you do on or in relation to the Website will transfer to you:

the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Flight Hacks; or

the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

8.3 You may not, without the prior written permission of Flight Hacks and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party contact for any purpose.

8.4 If you provide user generated content to the Website or Flight Hacks, via comments, feedback or in connection with a promotion or contest, you grant an irrevocable non-exclusive licence to Flight Hack to that user-generated content.

Privacy

9.1 Flight Hacks takes your privacy seriously and any information provided through your use of the is subject to Flight Hacks’ Privacy Policy, which is available on the Website.

9.2 When you click through an outbound link to a third party, such as if you choose to apply for a credit or debit card product, you will be taken directly to the product issuer’s website. You should be aware that you will be dealing directly with the credit or debit card provider and not Flight Hacks and that the application and your personal information is handled by the product issuer or other third party.

General Disclaimer

10.1 You acknowledge that Flight Hacks does not make any terms, guarantees, warranties, representations or conditions other than provided in these Terms.

10.2 Use of the Website is at your own risk. Everything on Website, is provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Flight Hacks make any express or implied representation or warranty about its content or any products or services referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful

third party conduct, or theft, destruction, alteration or unauthorised access to records;

the accuracy, suitability or currency of any information on the Website (including third party material and advertisements on the Website);

costs incurred as a result of you using the Website, or any products or services advertised or promoted on the Website;

the content or operation in respect to links which are provided for the user’s convenience;

any failure to complete a transaction, or any loss arising from e-commerce transacted on or in connection with the Website; or

any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

Termination of Contract

The Terms will continue to apply until terminated by you ceasing to access the Website, or by Flight Hacks by ceasing to provide access to the Website.

Indemnity

You indemnify Flight Hacks, its related bodies corporate, its officers and employees, and service providers from and against all:

(a) liability to any third party;

(b) damage to property; and

(c) other liability, damage or loss;

insofar as the injury, damage or other liability, damage or loss is attributable to your negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.

Dispute Resolution

13.1 Before court or arbitration proceedings other than for urgent interlocutory relief may be commenced, the following steps must be taken to attempt to resolve any dispute that arises out of or in connection with this contract (including any dispute as to the validity, breach or termination of the contract, or as to any claim in tort, in equity or pursuant to any statute).

13.2 Notice (the notice of dispute) must be given in writing by the party claiming that a dispute has arisen to the other party (or parties) to this contract specifying the nature of the dispute.

13.3 Upon receipt of the notice of dispute, the parties must attempt to agree upon an appropriate procedure for resolving the dispute.

13.4 If within 10 business days of receipt of the notice of dispute the dispute is not resolved, then the parties shall agree on a mediator, of failing agreement on a mediator, refer the dispute to a person appointed by the Chair of the Resolution Institute, (ACN 008 651 232; Level 2, 13-15 Bridge Street, Sydney NSW 2000; email: [email protected], telephone: (61-2) 9251 3366, for facilitation of a mediation in accordance with Resolution Institute’s Mediation Rules.

13.5 The parties must co-operate with the Resolution Institute as facilitator and its appointed mediator.

13.6 The parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The parties must each pay their own costs associated with the mediation

13.7 The mediation will be held in Perth, Western Australia.

13.8 All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

13.9 If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

13.10 This clause will remain operative after the contract has been performed and notwithstanding its termination.

13.11 If an issue has not been resolved to your satisfaction, you can lodge a complaint with the Australian Financial Complaints Authority, or AFCA. AFCA provides fair and independent financial services complaint resolution that is free to consumers.

Website: www.afca.org.au
Email: [email protected]
Telephone: 1800 931 678 (free call) [1] In writing to: Australian Financial Complaints Authority, GPO Box 3, Melbourne VIC 3001

Venue and Jurisdiction

The Website offered by Flight Hacks is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.

Governing Law

These Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of that State, without reference to conflict of law principles, notwithstanding mandatory rules.

Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

Revisions and Errata

The content appearing on the Website could include technical, typographical, or photographic errors. Flight Hacks does not warrant that any of the content on the Website is accurate, complete, or current. Flight Hacks may make changes to the content contained on the Website at any time without notice. Flight Hacks does not, however, make any commitment to update the content.

Links and Advertising

Flight Hacks has not reviewed the sites linked to or from the Website or third-party advertising. All links and advertising provided are for your convenience only, and Flight Hacks is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by Flight Hacks of the site, service or product. Use of any such linked website or advertising is at your own risk.