CategoriesColourJoin

Terms of Use

Last updated: 15 August 2024

Agreement between user and ColourSNP

1. General

Welcome to ColourSNP website (the “Platform”).

This agreement governs your use of the ColourSNP website.

This website is owned and operated by Pacific Europa Pty Ltd trading as ColourSNP ("ColourSNP") having its offices in Sydney, Australia. Access and use of this Platform is provided by ColourSNP to you on condition that you accept these Terms of Use, and by accessing or using this Platform, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you should not access or use this Platform.

2. Changes to the Terms

We may amend these Terms from time to time to comply with any regulatory requirements or if there are changes to our business practices. Every time you wish to use the Platform, please check these Terms to ensure you understand the terms that apply at the time. Your use of our Platform will be subject to the most recent version of the Terms available on the Platform. We recommend that you read through the Terms available regularly so that you can be sure that you are aware of any changes that may apply to you.

3. Access and Use of the Platform

The Platform is currently made available to you for your personal, non-commercial use, free of charge.

We do not guarantee that access to the Platform, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice to you.

You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. 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 the Platform will cease immediately.

4. We do not sell Activities Products

ColourSNP is an activities search engine that provides users with comparisons for different offerings. ColourSNP does not provide, own or control any of the activities services and products that you can access through our Platform (the “Activities Products”). The Activities Products are owned, controlled or made available by third parties (the “Activities Providers”). The Activities Providers are responsible for the Activity Products and for all booking contracts. The booking of an Activities Product will solely be made with the Activities Provider. The Activity Provider’s terms and privacy policies apply to your booking, so you must agree to, and understand those terms. Your interaction with any Activity Provider accessed through our Platform is at your own risk, and ColourSNP does not have any responsibility should anything go wrong with your booking. It is your responsibility to communicate in advance of any medical or other conditions to the Activities Provider that might be relevant. ColourSNP has no control over the Activity Products or Activity Providers. For more information about how ColourSNP works, we recommend that you contact us and speak with our customer team.

ColourSNP hosts content, including prices, images and other information, made available by or obtained from Providers (“Provider Content”). ColourSNP is in no way responsible or liable for the accuracy, quality, completeness, reliability, timeliness or trustworthiness of the Provider Content, and ColourSNP has no influence over the Provider Content. In particular, we do not guarantee that Provider Content, in particular the prices reflected therein, will be updated in real time or that a particular Product will be available. As a result, the price displayed by a Provider may not correspond to that displayed on our Platform.

5. Cancellation Policy

Cancellations and refunds are governed independently by each Activity Provider and are disclosed to you in the Activities Product listing at the time of making your booking. Please ensure you review and understand the cancellation policy of the Activities Provider before making your booking.

Some Providers may also choose to implement a no show policy. If you fail to turn up to the booking, the Activities Provider may exercise their no show policy. In this case, you may be liable for the full amount of the value of the Booking. This means, you will not be entitled to a refund of any amounts already paid by you.

To cancel or change your reservation, please contact the Activities Provider directly. You can find the Activity Provider’s booking site's contact details in your confirmation email. If you can't find your booking confirmation, we recommend checking your spam folder first.

The ColourSNP Booking Fee is not refundable.

6. Use of the Platform

As a condition of your use of our Platform, you warrant that:

  • you are at least 18 years of age;
  • you possess the legal authority to create a binding legal obligation;
  • you will use the Platform in accordance with these Terms;
  • you will only use this Platform for your private use to search for legitimate activities & experience offerings;
  • if you use the Platform on behalf of someone else, you will inform them about the Terms that apply to any searches and/or bookings you have made on their behalf, including all rules and restrictions applicable thereto;
  • all information supplied by you to our Platform is true, accurate, current and complete; and
  • if you have a ColourSNP account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to our Platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.

The Products presented on the Platform are displayed in the Australian currency.

7. ColourSNP Members

You have the option of joining the ColourSNP community by creating a member account. Unregistered users may read the content on ColourSNP for free and make bookings.

Members will have the option to manage and store their own searches. In order to create an account, you will need to provide certain personal information. Other than your user name, no personal information is made visible. For further information please refer to our Privacy Policy. By deleting your account all of your personal information will be permanently removed.

ColourSNP only allows one account registration per person. You are responsible for the accuracy and completeness of your personal information.

You are responsible for the use of your account and the confidentiality of your user account information, in particular your password. You must not disclose it to any third party. We have the right to disable your account or password, at any time, if in our reasonable opinion you have failed to comply with these terms of use. If you know or suspect that anyone other than you knows your user identification code or password, you must notify ColourSNP immediately.

8. User Obligations and Prohibited Activities

As a User of the Platform, you agree not to:

  • use our Platform or its contents for any commercial or unlawful purposes;
  • make any speculative, false, or fraudulent booking or any booking in anticipation of demand;
  • access, monitor or copy any content or information of our Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • violate the restrictions in any robot exclusion headers on our Platform or bypass or circumvent other measures employed to prevent or limit access to our Platform;
  • take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • deep-link to any portion of our Platform for any purpose without our express written permission which we may withdraw at any time in our discretion; or
  • "frame", "mirror" or otherwise incorporate any part of our Platform into any other website without our prior written permission which we may withdraw at any time in our discretion.

If your activity on our Platform shows signs of fraud, abuse or suspicious activity, ColourSNP may deny its services to you, and close any associated ColourSNP accounts. If you have conducted any fraudulent activity, ColourSNP reserves the right to take any necessary legal action and you may be liable for monetary losses to ColourSNP, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact ColourSNP customer service.

9. Links to and from the Platform**

Our Platform may contain hyperlinks to websites operated by parties other than ColourSNP. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. These Terms will not apply to your use of any third-party website that you access via our Platform. Your use of any third-party website may be subject to additional terms and conditions, which we suggest you read carefully before you visit any such website.

Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from our Platform or other websites) is free of such items as viruses, worms, Trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

10. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in our Platform and the Content (including, but not limited to, Activities Products and colouring sheets) as well as the infrastructure used to provide such Content. While you may make limited copies of your itinerary (and related documents) for Activities Products booked through our Platform, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Platform.

If you copy or use any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must destroy any copies of the materials you have made.

11. Privacy

ColourSNP believes in protecting your privacy. Please click here to review our Privacy policy. Any personal information that we collect about you as you browse and use our Platform will be used in accordance with our Privacy Policy. To find out more about the data we collect about you and how we use it please review our current Privacy Policy, which also governs your use of the Platform and, as stated above, is incorporated by reference.

12. Availability

We do not guarantee that our Platform will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Platform will be free from errors or omissions.

We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to perform due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour or materials or a failure of public or private telecommunications networks.

13. Our liability is limited

ColourSNP makes no representations about the suitability of the Content displayed on our Platform for any purpose. The display on our Platform of a Product or any Content does not in any way imply, suggest, or constitute a recommendation by ColourSNP of that Product or that Content, or any sponsorship or approval of such Product or such Content by such Provider, or any affiliation between such Provider and ColourSNP. All Content and any other information provided on our Platform are provided “as is” without warranty of any kind. ColourSNP disclaims all warranties and conditions that this Platform, its servers or any email sent from ColourSNP are free of viruses or other harmful components. ColourSNP hereby disclaims all warranties and conditions with regard to any Content or any other information provided on our Platform, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

The Providers are independent from ColourSNP and are not agents or employees of ColourSNP. ColourSNP is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Provider, including for injuries, death, property damage, or other damages or expenses resulting therefrom. ColourSNP will not be liable for any cancellation, overbooking, strike, force majeure or other causes beyond its direct control. ColourSNP does not accept responsibility for the uninterrupted accessibility to our Platform and may carry out technical or maintenance work on the Platform at any of its choosing.

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

If, despite the limitation above, ColourSNP is found liable for any loss or damage which arises out of, or in any way connected with, any of the occurrences described above, then the liability of ColourSNP will in no event exceed, in the aggregate, One-Hundred Dollars (AUD{100}.00) or the equivalent in local currency.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed its essential purpose. The limitations of liability provided in these Terms survive the termination of your relationship with ColourSNP.

14. You agree to protect us

You agree to defend and indemnify ColourSNP and any of its officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • your breach of these Terms or the documents referenced herein;
  • your violation of any law or the rights of a third party; or
  • your use of our Platform.

15. Dispute Resolution

ColourSNP is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the Platform, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting ColourSNP’s customer support here. If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

All legal claims arising out of or relating to this Agreement will be governed by the laws of the State of New South Wales, Australia without reference to its laws relating to conflicts of law.

The parties will try in good faith to settle any Dispute within 60 days after the Dispute arises. If the Dispute is not resolved within 60 days, it shall be resolved by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection by the Chair of the Resolution Institute (ACN 008 651 232) in Australia.

The parties will mutually select one arbitrator. The arbitration will be conducted in English in New South Wales, Australia and all documentation shall be presented and filed in English.

Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.

The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.

Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a Claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

16. General

Use of our Platform is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.

Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.

These Terms do not create or infer any rights that are enforceable by any person who is not a party to them.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Any rights not expressly granted herein are reserved.