Terms & Conditions

Inspirall Group Pty Ltd ("Inspirall", "we", "us") operates as a content and booking platform. We act as a Disclosed Agent on behalf of third-party providers of travel-related services, including but not limited to tour operators, accommodation providers, activity organisers, commercial air carriers, cruise operators, and ground transportation or car rental services (collectively, "Suppliers").

1.1 The Dual Contract Structure

By using this Platform to book an Experience, you acknowledge that Inspirall acts solely as a Disclosed Agent for third-party Suppliers. Your booking creates two distinct legal obligations:

• (a) Service Agreement: A contract between you and Inspirall governing the use of our platform, technology, and booking facilitation services. Our service is deemed fully performed upon the issuance of a Confirmation Voucher.
• (b) Fulfillment Contract: A direct, binding contract between you and the relevant Supplier(s) for the provision of the Experience (e.g., the flight, cruise, or tour).

1.2 Independent Status of Suppliers

You acknowledge that Suppliers are independent contractors and are not employees, partners, or joint venturers of Inspirall. Inspirall does not own, manage, or control the Suppliers, their staff, their equipment, or the manner in which the Experience is delivered. Consequently, any legal claim regarding the quality, safety, or delivery of the Experience must be brought directly against the Supplier under the Fulfillment Contract.

1.3 Supplier Terms Primacy & Incorporation by Reference

(a) Primacy of Supplier Terms: The delivery and fulfillment of the Experience are governed exclusively by the Supplier's own Terms and Conditions, which are hereby incorporated by reference into your agreement with Inspirall. These may include, but are not limited to: Conditions of Carriage, Rental Agreements, Safety Waivers, and Health Declarations.

(b) Precedence: In the event of any inconsistency between the description of an Experience on the Inspirall Platform and the Supplier's specific Terms and Conditions, the Supplier's terms shall prevail regarding all operational and performance matters.

(c) Guest Acknowledgement: By confirming a booking, you warrant that you have read, understood, and agreed to be bound by the relevant Supplier's terms. These terms may include mandatory safety protocols, weight/luggage restrictions, minimum age requirements, specific licensing (e.g., for vehicle hire), and security deposit obligations.

(d) Duty to Enquire: While Inspirall endeavors to provide summaries of key Supplier restrictions, it is your responsibility to request or locate the full Supplier Terms and Conditions if they are not fully displayed on the Platform at the time of booking.

1.4 No Performance Guarantee & Disclaimer of Liability

(a) Non-Ownership: You acknowledge that Inspirall does not own, manage, operate, or supervise any of the Experiences listed on the Platform. We do not provide the transport, accommodation, tours, or activities ourselves.

(b) No Performance Warranty: As a booking agent, Inspirall does not guarantee the performance, quality, or safety of any Experience. We are not a party to the Fulfillment Contract and assume no liability for:

• (i) Supplier Breach: Any failure by the Supplier to perform the Experience, including delays, cancellations, or itinerary changes.
• (ii) Physical Harm: Any personal injury, illness, or death occurring during or as a result of the Experience.
• (iii) Property Damage: Any loss of or damage to personal baggage or property.

(c) Assumption of Risk: You participate in any Experience at your own volition and risk. To the maximum extent permitted by law, Inspirall excludes all liability for any loss or damage (whether direct, indirect, or consequential) arising from the acts, omissions, or negligence of a Supplier or any third party.

2.1 Real-Time Confirmation & "Pending" Status

(a) Booking Technology: Inspirall utilizes real-time booking technology (including the Tourism Exchange Australia - TXA). You acknowledge that a booking request made on the Platform constitutes an offer to purchase and does not create a binding contract until it is accepted by the Supplier.

(b) The Binding Moment: A contract is only formed once Inspirall issues a Confirmation Voucher containing a valid Supplier booking reference. Until this voucher is issued, the booking status is "Pending."

(c) Availability Risk: "Pending" bookings are subject to final Supplier availability. In the event a Supplier cannot fulfill a "Pending" request (e.g., due to a simultaneous booking or a technical sync lag), Inspirall will notify you as soon as practicable.

(d) Limitation of Liability: If a "Pending" booking cannot be confirmed, Inspirall's sole obligation is to release any payment "hold" or refund any captured funds. We are not liable for any price increases for alternative experiences, travel costs, or "loss of opportunity" resulting from a booking that fails to move from "Pending" to "Confirmed."

2.2 Payment, Pre-authorisations & Secure Processing

(a) Mandatory Payment: Full payment is required at the time of the booking request. We accept major credit cards and digital wallets via our PCI-compliant secure gateway.

(b) Transaction Methods: Depending on the specific Supplier's API protocol, your payment method may be:

• Directly Charged: The funds are captured immediately upon the request.
• Pre-authorised (Hold): A temporary hold is placed on your funds. This hold secures the inventory while the Supplier confirms the Experience.

(c) Release of Funds: If a "Pending" booking is rejected or fails to confirm (Section 2.1), any pre-authorised funds will be released. You acknowledge that bank processing times for releasing holds are entirely outside of Inspirall's control and may take between 3 to 10 business days depending on your financial institution.

(d) Surcharge Disclosure: Any applicable payment surcharges will be displayed at checkout and are non-refundable once the transaction is processed, as they represent the cost of the financial service provided.

2.3 The Accuracy & Eligibility Manifest

(a) Lead Guest Authority: The person making the booking (the "Lead Guest") warrants that they have the authority to bind all members of their party to these Terms. The Lead Guest is solely responsible for the accuracy of all data entered during the booking process.

(b) Contactability & "No-Show" Risk: You must provide a valid mobile number (including international dialling code) and email address that will be accessible on the day of the Experience. If a Supplier is unable to contact you regarding a meeting point change or safety update due to incorrect data, the booking will be treated as a "No-Show" (Section 6.1) with 100% forfeiture.

(c) Eligibility Warranty: You warrant that all travelers meet the Supplier's mandatory criteria (including but not limited to age, weight, physical fitness, or technical certifications like PADI). Any refusal of service on-site due to a traveler failing to meet these criteria is a "Late Cancellation" (Section 7.1).

(d) Clerical Errors vs. Amendments: Inspirall will attempt to facilitate the correction of minor clerical errors (e.g., minor name misspellings) without an Inspirall fee; however, you remain liable for any Supplier-imposed re-issue fees. Any changes to travel dates, times, guest counts, or a total change of traveler identity are treated as a Cancellation and Re-booking, subject to the Supplier's cancellation policy and a 10% Inspirall Booking Fee.

2.4 Chargebacks and Payment Disputes

You agree not to file a "chargeback" or payment dispute with your bank without first contacting Inspirall to resolve the issue. If you initiate a chargeback for a legitimate transaction confirmed by a Voucher, you agree to pay Inspirall an Administrative Dispute Fee of $150 plus any legal costs incurred in defending the chargeback, should the bank rule in our favor.

3.1 Dynamic & Live Pricing

(a) Real-Time Fluctuations: Prices displayed on the Platform are "live" and retrieved via real-time data feeds from Suppliers. You acknowledge that prices are subject to change without notice based on demand, seasonal surcharges, and Supplier availability.

(b) Price Guarantee: A price is only "locked" and guaranteed once your payment has been successfully processed and Inspirall has issued a Confirmation Voucher with a valid Supplier reference.

(c) Pre-Confirmation Price Jumps: In the rare event that a Supplier increases the price or changes availability in the interval between your payment submission and the issuance of the Confirmation Voucher, Inspirall is not bound to honor the previous price. In such cases, we will contact you to offer the option of paying the difference or receiving a full refund of the amount captured.

(d) Currency: Unless otherwise specified, all prices are in Australian Dollars (AUD).

3.2 Taxes & Inclusions

(a) GST: Unless stated otherwise, prices are inclusive of Australian Goods and Services Tax (GST) where applicable.

(b) Base Cost Only: Displayed prices represent the base cost for the Experience as provided by the Supplier. Unless explicitly listed in the "Inclusions" section of the Experience page, the price does not include:

• Personal expenses, souvenirs, or gratuities.
• Travel Insurance (see Section 7.4).
• Food and beverages.
• Transportation to and from the designated meeting point.
• Equipment hire or specialized gear bonds.

(c) Meeting Points: You are responsible for any costs associated with reaching the Supplier's designated meeting point. Inspirall is not liable for any changes made by the Supplier to the meeting location or time, provided such changes are communicated to you prior to the Experience.

(d) Discrepancies: While we strive to mirror the Supplier's inclusions accurately, the Supplier's formal itinerary (provided upon confirmation or on-site) is the definitive list of what is included. In the event of a discrepancy, the Supplier's on-site inclusions prevail.

3.3 Mandatory Local Fees, Bonds & Surcharges

(a) Third-Party Collection: You acknowledge that certain Experiences are subject to additional mandatory fees that cannot be collected by Inspirall at the time of booking. These fees are set by Suppliers or government authorities and must be paid directly on-site.

(b) Categories of Local Fees: You agree to be liable for:

• On-Site Service Fees: Resort fees, housekeeping surcharges, or specialized gear hire.
• Security Bonds: Refundable equipment or vehicle bonds. You acknowledge that failure to provide a valid credit card for a bond may result in the Supplier refusing service without refund.
• Regulatory & Environmental Levies: National Park entry fees, Great Barrier Reef Environmental Management Charges (EMC), landing fees, or local tourism taxes.

(c) Payment Surcharges: Inspirall reserves the right to apply a surcharge to credit card or digital wallet transactions to recover the costs of electronic payment processing, in accordance with Australian Reserve Bank regulations.

(d) Consequences of Non-Payment: If you refuse to pay a mandatory local fee or levy on-site, and the Supplier subsequently refuses to provide the Experience, this will be treated as a "No-Show" (Section 6.1). Inspirall is not liable for any service refusal resulting from your failure to meet these local financial obligations.

3.4 Manifest Pricing Errors

(a) Right of Correction: While Inspirall strives to ensure all pricing data transmitted via Supplier APIs (including TXA) is accurate, technical "glitches" or human errors may result in a Manifest Error (an obvious and unmistakable mispricing).

(b) Non-Binding Nature: Inspirall is not legally bound to honor a booking where the price is significantly inconsistent with the market value of the Experience or where the price resulted from a technical malfunction. This applies even if a Confirmation Voucher has been automatically generated and payment has been processed.

(c) Verification Period: We reserve the right to verify the accuracy of a price within 48 hours of booking. If an error is identified, we will contact you to offer the choice of:

• (i) Reconfirming the booking at the correct, corrected price; or
• (ii) Cancelling the booking and receiving a full refund of the actual amount paid.

(d) Liability Limitation: In the event of a cancellation under this clause, Inspirall's liability is strictly limited to a refund of the amount paid. We are not liable for any "loss of opportunity," fluctuations in currency, or price increases for alternative travel arrangements.

4.1 Validity & Non-Retrospectivity of Promotions

(a) Point of Sale Requirement: Promotional codes, vouchers, and discounts (collectively "Promotions") are valid only for the specific duration and under the specific conditions advertised. To be valid, a Promotion must be applied at the actual point of checkout.

(b) No Retrospective Application: Promotions cannot be applied retrospectively to bookings that have already been confirmed, even if the travel date has not yet occurred. Inspirall will not issue partial refunds or credits for the difference between a confirmed price and a subsequent promotional price.

(c) "Price Churning" Prohibited: If you cancel a confirmed booking and immediately attempt to re-book the same Experience using a Promotion, the cancellation of the original booking will be subject to the standard cancellation policies and the 10% Inspirall Service Fee as outlined in Section 5.

(d) Expiration: Promotions automatically expire at the end of the advertised period. Inspirall is not responsible for technical delays or "cart abandonment" that results in a Promotion being missed before its expiry.

4.2 Non-Stacking & Exclusions

(a) One Promotion Per Booking: Unless explicitly stated otherwise in the specific terms of a campaign, promotional offers, discount codes, and "special deals" are not combinable (non-stacking). Only one (1) Promotion may be applied per transaction.

(b) Base Cost Application: Promotions apply exclusively to the base cost of the Experience. They do not apply to:

• Mandatory local fees, resort fees, or National Park levies (Section 3.3).
• Third-party surcharges (Credit Card/Digital Wallet fees).
• Travel Insurance or add-on equipment bonds.
• The Inspirall Service Fee (which is calculated on the pre-discounted value).

(c) Voucher Exclusions: Promotions cannot be used to purchase "Open-Dated" vouchers or Gift Cards unless specified. Furthermore, a Promotion cannot be applied to a booking that is being paid for, in whole or in part, using a Gift Card or Credit Note, as these are treated as separate commercial offers.

4.3 Modification, Technical Errors & Fraud

(a) Right to Withdraw: Inspirall reserves the right to modify, verify, or withdraw any Promotion or Discount at any time without notice.

(b) Manifest Error: In the event of a manifest system error or "glitch" where a discount is incorrectly calculated (e.g., a luxury package priced at a negligible amount due to a technical fault), Inspirall is not bound by the incorrect price. We reserve the right to cancel the affected booking, even if a Confirmation Voucher has been issued.

(c) Fraudulent Activity: If we suspect a Promotion has been obtained through fraudulent means, "bot" activity, or by bypassing our platform's security protocols, we reserve the right to cancel the booking immediately without notice.

(d) Limitation of Remedy: In the event of a cancellation under this Section 4.3, Inspirall's sole liability to the Guest is the full refund of the actual amount paid by the Guest. Inspirall is not liable for any "loss of opportunity" or price increases from other providers that occur as a result of the cancellation.

5.1 Supplier Primacy (Mirror Policy)

All Experiences are subject to the specific cancellation and amendment policy of the relevant Supplier. This policy is displayed on the Experience listing page and at the point of checkout. These policies are set by the Supplier and vary from "Instant Non-Refundable" to "Flexible" windows. By confirming a booking, you acknowledge that you have read and agreed to the specific timeline, refund conditions, and penalties of that Supplier. In the event of an inconsistency between these terms and the Supplier's policy regarding the Experience fulfillment, the Supplier's cancellation policy shall prevail.

5.2 Inspirall Service Fee

Inspirall provides booking and advisory services that are wholly performed and consumed at the moment a Confirmation Voucher is issued. Consequently, in the event of a guest-initiated cancellation for any reason, Inspirall reserves the right to retain a non-refundable service fee of 10% of the total booking value (capped at $250 AUD). You acknowledge that this fee is a genuine pre-estimate of our costs, including but not limited to: payment processing fees, platform licensing, and the administrative labor required to process the initial booking and the subsequent cancellation.

5.3 Force Majeure & Supplier Cancellations

(a) Supplier Cancellation: If a Supplier cancels an Experience due to weather, safety, or operational constraints, your entitlement to a refund or reschedule is governed by the Supplier's specific policy and the Australian Consumer Law.

(b) Cost Recovery: You acknowledge that Inspirall provides a booking facilitation service that is fully performed at the time your booking is confirmed. Therefore, in the event of a cancellation—including those caused by Force Majeure (e.g., natural disasters, pandemics, or government action)—Inspirall reserves the right to retain a non-refundable Service Fee of 10% (capped at $250) to cover unrecoverable costs. These costs include, but are not limited to, third-party merchant/processing fees and the administrative labor involved in the original booking and the subsequent cancellation management.

(c) Fee Waiver: Inspirall will only waive this Service Fee if the cancellation is the direct result of a "Major Failure" caused by the Supplier's negligence or an avoidable operational fault, as determined under the ACL.

5.4 Refund Process & Timelines

(a) Original Payment Method: Refunds will only be processed back to the original payment method used at the time of booking. We cannot issue refunds to alternative cards or bank accounts.

(b) Supplier Dependency: You acknowledge that as a Disclosed Agent, Inspirall does not hold your funds for the duration of the booking period. Consequently, we can only issue a refund to you after the relevant Supplier has successfully released the funds back to us.

(c) Timeline: While we endeavor to facilitate refunds within 10 business days of a confirmed cancellation, the actual timeline is subject to Supplier payment cycles and banking processing times. Inspirall is not liable for any delays caused by the Supplier's internal refund procedures or financial instability.

(d) Merchant Fees: Any refunds will be processed in accordance with Section 5.3 (Cost Recovery).

6.1 Issuance & Redemption

• (a) Proof of Purchase: Upon successful payment and Supplier acceptance, Inspirall will issue a Confirmation Voucher. This document is your official proof of purchase and must be presented (digitally or in print) to the Supplier at the commencement of the Experience.
• (b) Fixed-Date Bookings: These are valid only for the specific date and time listed. If you fail to arrive at the designated meeting point by the time specified by the Supplier, it will be treated as a "No-Show." In the event of a No-Show, your booking is forfeited without refund, as the Supplier has held a reserved slot that cannot be re-sold.
• (c) Open-Dated Confirmations: If you have purchased an "Open-Dated" experience, the Confirmation Voucher must be redeemed (meaning both the booking made and the travel completed) within 12 months from the date of issuance, unless a different period is stated on the voucher.
• (d) Expired Vouchers: Once a voucher has passed its expiry date or the fixed travel date, it is void. You acknowledge that expired vouchers cannot be redeemed, refunded, or converted into credit.
• (e) Punctuality: Departure times for Experiences are strict. If you are not at the designated meeting point at the time specified, the Supplier is entitled to depart without you. This is a "No-Show," and you will not be entitled to a refund, reschedule, or credit, as the seat has been occupied and cannot be resold.

6.2 Expiry & Price Adjustments (Open-Dated Confirmations)

(a) Statutory Validity: In accordance with Australian Consumer Law, Open-Dated Confirmations (vouchers) are valid for a period of three (3) years from the date of purchase, unless the voucher is for a specific "limited-time" experience or a specific date/time.

(b) Price Guarantee Period: Inspirall guarantees the purchase price for a period of 12 months from the date of issuance.

(c) Price Gap Fee: If you redeem an Open-Dated Confirmation more than 12 months after the date of issuance, and the Supplier's dynamic market rate for that Experience has increased, you will be required to pay the difference between the original purchase price and the current market rate at the time of booking (the "Price Gap Fee").

(d) Administration Fee: Any redemption or change made to an Open-Dated Confirmation after the initial 12-month period may also incur a non-refundable Inspirall Administration Fee of $50 to cover the cost of manual re-processing and Supplier coordination.

6.3 Extensions & Transferability

(a) Extension Requests: Requests to extend the validity of an Open-Dated Confirmation must be submitted in writing at least 14 days prior to the original expiry date. Extensions are granted at the sole discretion of the Supplier and are subject to availability and seasonal price fluctuations.

(b) Extension Fees: Any approved extension will incur a non-refundable $30 Inspirall Administration Fee per voucher. You acknowledge that the Supplier may also charge an additional "Price Gap" or "Re-issue Fee" as a condition of the extension.

(c) Non-Transferability: Once a Confirmation Voucher is issued, it is strictly non-transferable to another person or another Experience without the express written consent of both Inspirall and the Supplier.

(d) Change of Name Fees: Any request to change the name of the Lead Guest or travelers on a confirmed booking is treated as an amendment. This will incur a $50 Inspirall Administration Fee, plus any name-change fees imposed by the Supplier (specifically relevant for Air, Cruise, or high-security Experiences).

7.1 Safety, Fitness & Eligibility

(a) Mandatory Review: You acknowledge that Experiences may be physically demanding and carry inherent risks. You must review all "Restrictions" (including but not limited to age, height, weight, pregnancy, heart conditions, or other pre-existing medical conditions) prior to booking.

(b) Supplier Discretion: Suppliers reserve the right to refuse service to any guest on objective safety grounds or if, in the Supplier's sole professional discretion, a guest is deemed unfit, under the influence of substances, or otherwise incapable of safely completing the Experience.

(c) Non-Disclosure & Forfeiture: If service is refused because you failed to disclose a known restriction, do not meet the criteria listed at the time of booking, or fail a mandatory on-site safety assessment (e.g., a practical swim test), this will be treated as a "Late Cancellation" by the guest.

(d) No Refund: In such cases, no refund will be issued by Inspirall or the Supplier, as the Supplier has incurred costs and held a reserved slot that cannot be re-sold to another party at such short notice.

7.2 Health & Medical Waivers

(a) Mandatory Documentation: You acknowledge that many Experiences require the completion of a medical declaration, health questionnaire, or a "Release of Liability/Assumption of Risk" waiver prior to participation.

(b) Condition of Participation: The accurate completion and signing of these documents is a strict condition of participation. You agree that your contract with the Supplier (the Fulfillment Contract) is contingent upon your acceptance of these terms on-site.

(c) Refusal to Sign: A refusal to sign a mandatory Supplier waiver, or the provision of inaccurate medical information that results in the Supplier refusing service, will be treated as a guest-initiated cancellation within the non-refundable window.

(d) Forfeiture: In such events, the full Experience price is forfeited. You acknowledge that Inspirall is not responsible for the specific content of a Supplier's waiver and has no authority to override a Supplier's requirement for a signed release.

7.3 Travel Documentation & Permissions

(a) Guest Responsibility: You are solely and exclusively responsible for ensuring that all members of your party hold valid documentation required for the Experience. This includes, but is not limited to:

• Identification: Government-issued photo ID or Passports (noting many Suppliers and countries require at least 6 months' validity beyond the travel date).
• Entry Permits: Visas, ETAs, National Park entry permits, or local authority transit documents.
• Health Records: Vaccination certificates, "Fit to Fly/Travel" medical clearances, or negative test results where mandated.

(b) No Advisory Duty: You acknowledge that Inspirall is a booking facilitator and does not provide visa, immigration, or health advice. Any information provided on the Platform regarding documentation is for general guidance only and does not absolve you of the duty to verify requirements via official government channels (e.g., Smartraveller.gov.au).

(c) Documentation Failures: Inspirall is not liable for any financial loss, denied entry, or cancellation resulting from your failure to hold correct documentation. If you are refused service by a Supplier due to a documentation error, it will be treated as a "No-Show" and no refund will be issued.

7.4 Travel Insurance (Mandatory Recommendation)

(a) The Role of Insurance: Inspirall is a booking agent and does not provide insurance products. We strongly and unequivocally recommend that you obtain comprehensive travel insurance at the time of booking.

(b) Coverage Scope: It is your responsibility to ensure your policy covers, at a minimum: cancellation and amendment fees, medical expenses, personal injury, emergency repatriation, and "Adventure Activity" cover if applicable to your Experience.

(c) Risk Assumption: You acknowledge that travel involves inherent financial risks. By choosing to travel without adequate insurance, you assume all financial liability for any cancellations, medical emergencies, or lost property.

(d) Effect on Refund Policy: Inspirall's cancellation and refund policies (as outlined in Section 5) apply strictly regardless of the reason for your cancellation. We do not offer "Compassionate Refunds" for circumstances that should have been covered by a travel insurance policy. We will, however, provide you with a statement of fees paid to assist with any insurance claim you may file.

8.1 Content License & User-Generated Content (UGC)

(a) Grant of License: By submitting a review, photo, video, or testimonial (collectively "UGC") to our Platform, or by tagging Inspirall's official social media handles, you grant Inspirall Group Pty Ltd a non-exclusive, perpetual, irrevocable, royalty-free, and sub-licensable worldwide license to use, reproduce, modify, adapt, publish, and display such content across our marketing channels, including but not limited to our website, social media, and printed promotional materials.

(b) Warranties of Ownership: You warrant that you are the sole owner of the Intellectual Property rights in the UGC or have obtained all necessary permissions from the owner to grant this license. You further warrant that the UGC does not infringe the privacy or IP rights of any third party (e.g., you have the consent of other people appearing in your photos).

(c) Moral Rights Consent: You provide all necessary consents under the Copyright Act 1968 (Cth) for Inspirall to use the UGC without specific attribution where such attribution is technically impractical or for the purposes of creating derivative works (e.g., social media montages).

(d) No Compensation: You acknowledge that you will not receive any financial compensation or "royalty" for the use of your UGC by Inspirall.

8.2 Authenticity, Integrity & Moderation

(a) Genuine Experience: You warrant that any UGC submitted is based on your own genuine, first-hand experience with the Supplier. You must not post reviews for Experiences you did not personally attend.

(b) Prohibited Content: You agree not to post UGC that:

• Is defamatory, abusive, harassing, threatening, or contains "hate speech."
• Contains "obvious errors" regarding Supplier pricing or outdated itineraries.
• Infringes on the privacy or Intellectual Property of others (including photos of other guests taken without their consent).
• Contains "Spam," promotional links to other services, or "Bot" generated text.

(c) Incentivised Content: In accordance with ACCC guidelines, you must clearly disclose if a review was "incentivised" (e.g., if you received a discount or a "freebie" in exchange for the post).

(d) Right of Removal: Inspirall acts as a passive host for UGC and does not pre-screen all content. However, we reserve the right (but not the obligation) to remove, edit, or obscure any UGC that we, in our sole discretion, deem to be in breach of this Section 8.2. You acknowledge that Inspirall is not liable for any third-party UGC hosted on the Platform.

8.3 Content Moderation & Liability Disclaimer

(a) Host Status: You acknowledge that Inspirall acts as a passive service provider and host of User-Generated Content (UGC), not as its publisher. We do not endorse, verify, or guarantee the accuracy of any reviews or photos posted by guests.

(b) Right to Moderate: We reserve the right, but assume no obligation, to monitor, edit, "shadow-ban," or remove UGC at our sole discretion and without notice, particularly where such content:

• Violates these Terms of Use or our Community Guidelines.
• Is the subject of a valid legal "Takedown Notice" or defamation claim.
• Appears to be "Spam," bot-generated, or contains malicious code.
• Contains sensitive Supplier data, personal contact information, or outdated pricing that may mislead other users.

(c) No Liability for Deletion: Inspirall is not liable for the deletion of or failure to store any UGC. We recommend you keep your own copies of any content you upload to the Platform.

(d) Third-Party Platforms: If you use our Platform to post reviews to third-party sites (e.g., Google or TripAdvisor), you acknowledge that those sites have their own moderation policies which are independent of Inspirall.

9.1 Account Security & Deemed Authority

(a) Credential Confidentiality: You are solely responsible for maintaining the confidentiality and security of your account credentials (username and password). You must not share these details with any third party.

(b) Deemed Instructions: You acknowledge and agree that Inspirall is entitled to rely on any instructions, bookings, or communications received via your account as being authorized by you. We are not required to verify the identity of the person using your credentials.

(c) Breach Notification: You must notify Inspirall immediately at hello@inspiral.com.au if you suspect any unauthorized access, data breach, or loss of credentials.

(d) Liability for Unauthorized Use: To the maximum extent permitted by law, Inspirall is not liable for any loss or damage arising from unauthorized access to your account. You remain liable for all bookings and fees incurred on your account prior to our receipt and processing of your breach notification.

9.2 Prohibited Conduct

(a) Transactional Integrity: You must not engage in "speculative" or "fraudulent" bookings (e.g., booking multiple dates for the same experience with the intent to cancel all but one).

(b) Platform Security & Scraping: You are prohibited from using bots, spiders, or other automated means to access, "scrape," or copy content from the Platform for commercial purposes without our express written consent.

(c) Zero Tolerance for Abuse: Inspirall maintains a zero-tolerance policy toward abusive, harassing, discriminatory, or threatening behavior. This applies to your interactions with:

• Inspirall staff (via email, phone, or chat);
• Other users on the Platform; and
• Supplier personnel before, during, or after an Experience.

(d) Circumvention: You must not attempt to evade a prior ban or suspension by creating "shadow" accounts or using false identities. Any attempt to bypass our booking system to contact Suppliers directly to avoid Inspirall fees is strictly prohibited.

9.3 Suspension & Termination

(a) Immediate Termination: Inspirall reserves the right to suspend or terminate your account immediately and without notice for "Material Breaches," including but not limited to:

• Engaging in fraudulent transactions or credit card "chargeback" abuse.
• Documented threats to the safety of Inspirall staff or Supplier personnel.
• Use of the Platform for illegal purposes or money laundering.

(b) Discretionary Suspension: For non-material breaches (e.g., repeated violation of UGC policies), we will typically provide a written warning. Failure to remedy the behavior will result in account termination.

(c) Treatment of Active Bookings: Upon termination for fraud, illegal acts, or safety threats, Inspirall reserves the right to cancel any unfulfilled bookings associated with the account.

• (i) Forfeiture: Where a booking is cancelled due to fraud or safety threats, all funds paid are forfeited to cover the costs of investigation and Supplier cancellation fees.
• (ii) Discretionary Refund: For terminations not involving fraud, Inspirall may, at its sole discretion, allow active bookings to proceed or cancel them and issue a refund minus the 10% Service Fee.

(d) Survival: Sections regarding Liability, Indemnity, and Governing Law shall survive the termination of your account.

9.4 Capacity to Contract

By using this Platform and making a booking, you warrant that you are at least 18 years of age and possess the legal authority to enter into a binding contract. If you are booking on behalf of a minor, you acknowledge that you are responsible for their conduct and compliance with these Terms.

10.1 Personal, Non-Commercial & Limited License

(a) Limited Grant: Inspirall grants you a limited, personal, non-exclusive, and non-transferable license to access and use the Platform solely for the purpose of researching, evaluating, and booking Experiences for yourself or your party.

(b) Commercial Prohibitions: Any commercial use of the Platform is strictly prohibited. You must not:

• (i) Resell or Redistribute: Attempt to resell, "sub-license," or commercially exploit any booking, voucher, or content obtained via the Platform.
• (ii) Competitive Benchmarking: Access the Platform for the purpose of monitoring availability, performance, or functionality, or for any other benchmarking or competitive purposes.

(c) Automated Access & Scraping: You must not use any "robot," "spider," "scraper," or other automated means to access the Platform or copy its content for any purpose without our express prior written permission.

(d) Derivative Works: You are prohibited from framing, mirroring, or otherwise incorporating any part of the Platform into any other website or service.

10.2 Technical Integrity & Infrastructure

(a) Automated Access Prohibited: You must not use any "robot," "spider," "scraper," "crawler," or other automated devices, scripts, or manual processes to monitor, copy, or "data-mine" our Platform content without express written authorization.

(b) Infrastructure Load: You agree not to take any action that imposes, or may impose (in our sole discretion), an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our third-party Suppliers.

(c) Bypassing Protections: You are strictly prohibited from:

• Bypassing any "robot exclusion headers" or other measures we use to restrict access.
• Interfering with the proper working of the Platform or any activities conducted on it.
• Attempting to manipulate or bypass our price-verification systems or booking logic.

(d) Legal Recourse: Any breach of this Section 10.2 will result in the immediate termination of your access. Inspirall reserves the right to seek damages, including but not limited to the cost of server remediation and lost revenue, for any technical interference or unauthorized data extraction.

10.3 Inventory Integrity & Prohibited Arbitrage

(a) Speculative Bookings: You must not engage in "speculative booking" practices. This includes holding multiple slots for the same or similar Experiences across different dates or times with the intent to cancel those not required.

(b) Anti-Arbitrage: The resale, "on-selling," or "arbitraging" of Inspirall bookings or vouchers on third-party marketplaces (e.g., eBay, Facebook Marketplace, or unauthorized travel sites) is strictly prohibited. Any booking identified as being offered for resale may be voided immediately without refund.

(c) Bulk Booking Restrictions: Unless you have a formal "Wholesale Agreement" with Inspirall, bookings for more than 30 participants for a single Experience may be flagged for review. We reserve the right to cancel such bookings if we suspect they are intended for unauthorized commercial redistribution.

(d) Right to Recover: If your inventory abuse causes a Supplier to charge Inspirall a "displacement fee" or "wastage penalty," we reserve the right to recover those costs from you and retain your 10% Service Fee regardless of the cancellation timing.

11.1 Independent Status & No Control

You acknowledge that Suppliers are independent third-party contractors and are not employees, agents, or partners of Inspirall. Inspirall does not own, manage, or supervise Supplier facilities, equipment, or personnel. We provide a platform for you to discover and book; we do not "vouch for" or "audit" the daily safety operations of any third party.

11.2 Performance, Injury & Force Majeure

(a) Fulfillment: Inspirall is not responsible for any Supplier's failure to perform, service interruptions, or itinerary changes.

(b) Liability Exclusion: To the maximum extent permitted by the Competition and Consumer Act 2010 (Cth), Inspirall is not liable for any personal injury, illness, death, property damage, or other loss (direct or indirect) occurring during or in connection with an Experience.

(c) Force Majeure: We are not liable for any failure to perform our facilitation services due to causes beyond our reasonable control (e.g., natural disasters, pandemics, or government-imposed travel restrictions).

11.3 Limitation of Liability (The "Cap")

Where Inspirall is found to have breached a consumer guarantee under the ACL regarding our facilitation services, our liability is strictly limited (at our election) to:

• (i) The re-supply of the booking facilitation service; or
• (ii) A refund of the Service Fee (the 10% portion) actually retained by Inspirall for that booking. You agree that Inspirall is never liable for "consequential losses" (e.g., the cost of missed connecting flights or lost wages).

11.4 Accuracy & Substantial Substitution

(a) General Information: Listing data is provided by Suppliers. While we endeavor to keep it current, itineraries and facilities may change without notice due to weather, safety, or operational requirements.

(b) Minor vs. Major Failures: You agree that a Supplier's substitution of a service with one of a substantially similar standard does not constitute a "Major Failure" or a "Material Breach" of contract. Inspirall is not liable for subjective "disappointment" where the core components of an Experience were delivered.

11.5 Insolvency of Suppliers

Inspirall acts as an agent and does not hold guest funds in escrow. In the event that a Supplier becomes insolvent, bankrupt, or ceases trading prior to the fulfillment of your Experience, your claim for a refund lies solely against the Supplier and its liquidators, not Inspirall. We will provide all reasonable documentation to assist you in your claim or with your travel insurance provider.

11.6 Australian Consumer Law (ACL) Statutory Guarantee

Nothing in these Terms is intended to exclude, restrict, or modify any non-excludable consumer guarantees under the Competition and Consumer Act 2010 (Cth). If Inspirall fails to comply with a statutory guarantee, our liability is limited to the remedies set out in Section 11.3.

11.7 Visual Representations

Photos and videos on the Platform are for illustrative purposes only. While we aim for accuracy, we do not guarantee that the Experience will perfectly match the visual media provided, as Suppliers may update equipment, decor, or routes without notice.

12.1 Governing Law & Dispute Resolution

(a) Governing Law: These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) are governed by and construed in accordance with the laws of New South Wales, Australia.

(b) Negotiation First: Before commencing any formal legal proceedings or legal actions, you agree to notify Inspirall in writing of the nature of the dispute and engage in good faith negotiations for a period of no less than thirty (30) days to attempt a resolution.

(c) Exclusive Jurisdiction: Subject to the negotiation period above, you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Federal Court of Australia. You waive any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum (forum non conveniens).

12.2 Severability & No Waiver

(a) Severability: If any provision or part-provision of these Terms is held by a court or tribunal to be invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.

(b) Survival of Remaining Terms: Any modification to or deletion of a provision under this section shall not affect the validity and enforceability of the rest of these Terms, which shall remain in full force and effect.

(c) No Waiver: A failure or delay by Inspirall to exercise any right or remedy provided under these Terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

12.3 Electronic Transactions & Consent

(a) Legal Equivalence: Pursuant to the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 1900 (NSW), you acknowledge and agree that this agreement is a legally binding contract entered into electronically.

(b) Affirmative Action: Your act of clicking "Confirm Booking," "Pay Now," or any similarly worded button, and/or your checking of a box to accept these Terms of Use, constitutes your electronic signature and your intent to be legally bound.

(c) Digital Evidence: You agree that the issuance of a digital Confirmation Voucher and the logs of your transaction on our Platform satisfy all legal requirements for a "written" contract and are admissible as evidence in any legal proceeding.

(d) Communication Consent: You consent to receiving all notices, disclosures, and vouchers electronically via the email address provided in your account. A notice is deemed "received" 24 hours after it is sent by Inspirall.

12.4 Indemnity (The "Reverse Shield")

You agree to indemnify, defend, and hold harmless Inspirall Group Pty Ltd, its directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in any way connected with:

• (a) Your breach of these Terms and Conditions;
• (b) Your negligent or wrongful acts during an Experience;
• (c) Your violation of any third-party right, including but not limited to Intellectual Property or privacy rights; or
• (d) Any claim brought against Inspirall by a member of your booking party who was not the Lead Guest.

12.5 Privacy & Data Use

Your use of the Platform and the provision of your personal data are governed by our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that for the purpose of fulfilling your booking, Inspirall must share your personal data (and that of your party) with the relevant third-party Suppliers.

12.6 Joint and Several Liability

Where the Lead Guest makes a booking on behalf of multiple individuals, the Lead Guest and each member of the party are jointly and severally liable for all payments, fees, and obligations arising from the booking. This means Inspirall or a Supplier may pursue the Lead Guest for the total amount due, regardless of any private reimbursement arrangements between party members.

For questions about these Terms, security concerns, or account breach notifications as referenced in Section 9.1: hello@inspiral.ai

Website: www.inspirall.ai