For further information click a button

Terms of Service/Conditions - Cosmic Life Pty Ltd

Last updated on October 15th 2019

1 Your Acceptance

By using or visiting any of the Cosmic Life Pty Ltd websites, (ItIsCosmic.com, TourGaia.com, TourGaia.co.nz,) or any of its subsidiaries or subdomains, products, software, data feeds, and services provided to you on, from, or through the Cosmic Life Pty Ltd websites (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Cosmic Life Pty Ltd Privacy Policy, found at and incorporated herein by reference. If you do not agree to any of these terms contained below or on the Privacy Policy Page, please do not use the Service.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version.

 

Cosmic Life Pty Ltd / It is Cosmic /Tour Gaia 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. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2 Service

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, interactive features and other materials you may view on, access through, or contribute to the Service.

The Service may contain links to third party websites that are not owned or controlled by Cosmic Life Pty Ltd or its subsidiaries. Cosmic Life Pty Ltd (or its subsidiaries) has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.

 

3 Accounts with Cosmic Life Pty Ltd (and its subsidiaries)

In order to access some features of the Service, you will have to create an Account. 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 Energy Catalysts immediately of any breach of security or unauthorised use of your account.

Although Energy Catalysts will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of Energy Catalysts due to such unauthorised use.

4 General Use of the Service—Permissions and Restrictions

Cosmic Life Pty Ltd, hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Service or the Content without Cosmic Life Pty Ltd prior written authorisation, including the distribution of downloads that Cosmic Life Pty Ltd may offer, with specific programs.

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

You agree not to use the Service for commercial uses unless you obtain Cosmic Life Pty Ltd/ItisCosmic.com prior written approval:

The Content on the Service, and the trademarks, service marks and logos (“Marks”) on the Service, are owned by or licensed to Cosmic Life Pty Ltd/Itiscosmic.com,  subject to copyright and other intellectual property rights under the law.

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 Cosmic Life Pty Ltd/Itiscosmic on the Service for that Content.

You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Cosmic Life Pty Ltd.

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.

5 Warranty Disclaimer

 YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Cosmic Life Pty Ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Cosmic Life Pty Ltd MAKES NO WARRANTIES 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 UNAUTHORISED 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,

6 Limitation of Liability (The legal stuff)

 IN NO EVENT SHALL Cosmic Life Pty Ltd, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, 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 UNAUTHORISED 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. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT Cosmic Life Pty Ltd (OR ITS SUBSIDIARIES) SHALL NOT BE LIABLE FOR CONTENT.

The Service is controlled and offered by Cosmic Life Pty Ltd from its facilities in the Australia. Cosmic Life Pty Ltd 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.

7 Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cosmic Life Pty Ltd (and it’s subsidiaries), 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 attorney’s 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 defence and indemnification obligation will survive these Terms of Service and your use of the Service.

8 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.

9 Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cosmic Life Pty Ltd without restriction.

10 General

You agree that: (i) the Service shall be deemed solely based in Australia; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Cosmic Life Pty Ltd either specific or general, in jurisdictions other than Australia. These Terms of Service shall be governed by the internal laws of Australia, without respect to its conflict of laws principles. Any claim or dispute between you and Cosmic Life Pty Ltd (or subsidiaries) that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Queensland Australia. These Terms of Service, together with the Privacy Notice at https://itiscosmic.com/privacy/ and any other legal notices published by Cosmic Life Pty Ltd on the Service, shall constitute the entire agreement between you and Cosmic Life Pty Ltd concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Cosmic Life Pty Ltd failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Cosmic Life Pty Ltd reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Cosmic Life Pty Ltd AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If you have any questions about these Terms, please contact us.

Cosmic Life Pty Ltd 

20 Cullinane Street
Tewantin
Queensland
4565
Australia