Terms and Conditions

TERMS OF USE

Last updated: 30/06/2026

AGREEMENT TO OUR LEGAL TERMS

We are Day of the Dead Journey (“Company,” “we,” “us,” or “our”).

We operate the website dayofthedeadjourney.com, as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by email at dayofthedeadjourney@gmail or by mail to Melbourne, Victoria, Australia.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Day of the Dead Journey, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

We recommend that you print a copy of these Legal Terms for your records.

Our Services
Intellectual Property Rights
User Representations
Prohibited Activities
User Generated Contributions
Contribution Licence
Services Management
Term and Termination
Modifications and Interruptions
Travel Information, Recommendations, and User Responsibility
Event Information and Local Conditions
Maps, Routes, and Itinerary Materials
Third-Party Providers, Bookings, and Affiliate Links
Digital Products and Access
Lifetime Access
Refunds and Consumer Guarantees
Governing Law
Dispute Resolution
Corrections
Disclaimer
Limitations of Liability
Indemnification
User Data
Electronic Communications, Transactions, and Signatures
Miscellaneous
Contact Us

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Day of the Dead Journey provides cultural travel information, planning content, digital guides, maps, itineraries, checklists, recommendations, and related resources for travellers interested in the Day of the Dead in Oaxaca, Mexico and related destinations.

Our Services may include free website content, paid digital products, downloadable resources, planning packs, interactive maps, email content, affiliate links, tour recommendations, accommodation recommendations, and links to third-party travel providers.

Our Services are intended to help users research, understand, and plan their own travel. We do not provide official government information, professional travel agency services, legal advice, medical advice, safety advice, insurance advice, financial advice, or emergency assistance.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, digital products, downloadable files, planning packs, maps, guides, checklists, itineraries, templates, written planning content, trademarks, service marks, and logos contained therein (collectively, the “Content” and “Marks”).

Our Content and Marks are protected by copyright and trademark laws, as well as various other intellectual property rights and unfair competition laws and treaties around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable licence to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, shared, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

For clarity, paid digital products, planning packs, downloadable guides, maps, checklists, itinerary materials, templates, written planning content, and other premium resources are part of our Content and are protected by these Intellectual Property Rights. Purchasing a digital product gives you a personal, non-commercial right to access and use that product. It does not transfer ownership of the product, content, design, maps, files, or underlying intellectual property to you.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to [insert email address]. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the “Prohibited Activities” section carefully before using our Services to understand the rights you give us and the obligations you have when you send, post, or upload any content through the Services.

By directly sending us any question, comment, suggestion, idea, feedback, review, testimonial, correction, travel experience, photograph, video, or other information about the Services (“Submissions”), you agree that we may use, reproduce, edit, publish, translate, display, share, and otherwise use such Submissions for the purpose of operating, improving, promoting, and developing the Services, unless we agree otherwise in writing.

You are responsible for what you send, post, or upload. By sending us Submissions through any part of the Services, you:

confirm that you have read and agree with our “Prohibited Activities” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
warrant that any such Submission is original to you or that you have the necessary rights and licences to submit such Submission;
warrant and represent that your Submissions do not constitute confidential information;
agree not to submit any content that contains private or sensitive information about another person without permission;
agree not to submit any content that infringes another person’s rights; and
agree that we may remove, edit, or decline to publish any user-submitted content at our discretion.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of this section, any third party’s intellectual property rights, or applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that:

you have the legal capacity and you agree to comply with these Legal Terms;
you are not a minor in the jurisdiction in which you reside;
you will not access the Services through automated or non-human means, whether through a bot, script, scraper, crawler, or otherwise;
you will not use the Services for any illegal or unauthorised purpose;
your use of the Services will not violate any applicable law or regulation;
any information you provide to us will be true, accurate, current, and complete; and
you are responsible for making your own travel decisions and verifying important information before relying on the Services.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your access and refuse any and all current or future use of the Services, or any portion thereof.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, guide, travel product, map, itinerary product, or other resource without written permission from us;
trick, defraud, or mislead us or other users;
circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
use any information obtained from the Services in order to harass, abuse, or harm another person;
make improper use of our support services or submit false reports of abuse or misconduct;
use the Services in a manner inconsistent with any applicable laws or regulations;
engage in unauthorised framing of or linking to the Services;
upload or transmit viruses, Trojan horses, malware, spyware, or other harmful material;
engage in any automated use of the system, such as using scripts to send comments or messages, data mining, robots, scraping tools, AI training extraction tools, or similar data gathering and extraction tools;
delete the copyright or other proprietary rights notice from any Content;
attempt to impersonate another user or person;
interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;
harass, annoy, intimidate, or threaten any of our employees, contractors, partners, agents, or other users;
attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services;
copy or adapt the Services’ software, including but not limited to HTML, CSS, JavaScript, or other code;
except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any software comprising or in any way making up part of the Services;
use a buying agent or purchasing agent to make purchases on the Services;
make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means;
use the Services as part of any effort to compete with us;
use the Services or Content for any revenue-generating endeavour or commercial enterprise without our written permission;
share, resell, redistribute, upload, publish, or publicly display paid digital products, downloadable guides, maps, itineraries, checklists, planning packs, or other premium Content without our written permission; or
use our Content to create a competing travel guide, directory, itinerary product, map product, digital planning pack, chatbot, AI system, database, or similar commercial product.

5. USER GENERATED CONTRIBUTIONS

The Services do not currently offer users the ability to publicly post content. However, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, reviews, testimonials, corrections, travel stories, personal information, or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Services and through third-party websites if we choose to publish them, share them, or use them in connection with the Services. When you create or make available any Contributions, you represent and warrant that you have the right to do so and that your Contributions do not infringe the rights of any third party.

6. CONTRIBUTION LICENCE

You and the Services agree that we may access, store, process, and use any information and personal data that you provide, subject to our Privacy Policy and applicable law.

By submitting suggestions, feedback, corrections, reviews, testimonials, questions, travel experiences, photographs, videos, or other material regarding the Services, you agree that we may use and share such feedback for the purpose of operating, improving, promoting, and developing the Services without compensation to you, unless we agree otherwise in writing.

We do not assert ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. However, by submitting Contributions to us, you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, edit, publish, translate, display, distribute, and share such Contributions in connection with the Services, our website, our social media, email marketing, promotional materials, and related business activities.

We are not liable for any statements or representations in your Contributions provided by you. You are solely responsible for your Contributions and you expressly agree to release us from any and all responsibility and to refrain from any legal action against us regarding your Contributions, except where such release is not permitted by law.

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

monitor the Services for violations of these Legal Terms;
take appropriate legal action against anyone who violates the law or these Legal Terms;
refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof;
remove from the Services or otherwise disable files and content that are excessive in size or burdensome to our systems;
manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services; and
restrict, remove, update, or modify content where we believe it is outdated, inaccurate, unsafe, culturally inappropriate, legally risky, commercially unavailable, or no longer consistent with the purpose of the Services.

8. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR REASONABLE DISCRETION AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, DENY ACCESS TO AND USE OF THE SERVICES, INCLUDING BLOCKING CERTAIN IP ADDRESSES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, where reasonably necessary to protect the Services, other users, our rights, our legal obligations, or the integrity of the Services.

If we terminate or suspend your account or access for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

Nothing in this section limits any rights or remedies you may have under the Australian Consumer Law or any other law that cannot legally be excluded.

9. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, update, replace, or remove the contents of the Services at any time or for any reason at our discretion, subject to applicable law.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, hosting, payment processor, email delivery, platform, or other problems, or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

We may change, revise, update, suspend, discontinue, or otherwise modify the Services at any time where reasonably necessary. We will not be liable to you or any third party for any modification, price change, suspension, interruption, or discontinuance of the Services, except to the extent such liability cannot be excluded under applicable law.

For paid digital products, we will make reasonable efforts to maintain access in accordance with the product description and these Legal Terms, but we do not guarantee uninterrupted, permanent, or error-free access.

10. TRAVEL INFORMATION, RECOMMENDATIONS, AND USER RESPONSIBILITY

The travel information, cultural guidance, itineraries, maps, recommendations, event details, transport suggestions, accommodation suggestions, tour suggestions, budget estimates, and planning materials provided through the Services are for general informational and planning purposes only.

We make reasonable efforts to provide accurate and useful information. However, travel conditions can change quickly. We do not guarantee that any information provided through the Services will be accurate, complete, current, available, safe, suitable, or free from error at the time you use it or travel.

You are responsible for verifying all important travel information before making decisions, bookings, or purchases. This includes checking official sources, local authorities, event organisers, accommodation providers, transport providers, tour operators, insurers, booking platforms, restaurants, travel advisories, and any other relevant third-party providers.

Any itinerary, route, map, checklist, guide, recommendation, or planning material we provide is a suggestion only. You remain solely responsible for deciding whether any destination, activity, event, neighbourhood, tour, transport option, accommodation, restaurant, route, or experience is appropriate for you.

Our Services are intended to help you plan and understand your trip. They do not replace your own judgment, official sources, professional travel advice, insurance advice, safety advice, medical advice, legal advice, or direct confirmation from third-party providers.

11. EVENT INFORMATION AND LOCAL CONDITIONS

Day of the Dead events, cemetery access, panteón opening hours, comparsa routes, parade details, official programmes, road closures, public transport availability, taxi availability, crowd conditions, weather conditions, local restrictions, prices, booking availability, and safety conditions may change without notice.

We may update information when new details become available, but we do not guarantee that all information will be current, complete, or accurate at the time you travel. You should confirm important details with official sources, local authorities, event organisers, or relevant providers before relying on them.

We are not responsible for any loss, inconvenience, missed event, missed booking, additional cost, injury, delay, cancellation, change of plans, or other issue arising from changed, inaccurate, unavailable, delayed, or incomplete travel or event information, except to the extent such liability cannot be excluded under applicable law.

12. MAPS, ROUTES, AND ITINERARY MATERIALS

Any maps, route suggestions, neighbourhood guidance, itinerary materials, offline resources, location pins, walking routes, transport notes, or planning tools provided through the Services are for general planning convenience only.

These materials may not reflect real-time conditions, including road closures, traffic, safety issues, accessibility limitations, weather, crowd density, public transport changes, local restrictions, private property restrictions, or changes to event access.

You are responsible for using your own judgment, verifying routes and conditions locally, and taking reasonable care when travelling, walking, using transport, attending events, or visiting cemeteries, neighbourhoods, villages, markets, restaurants, or other locations.

13. THIRD-PARTY PROVIDERS, BOOKINGS, AND AFFILIATE LINKS

The Services may include links, recommendations, listings, advertisements, affiliate links, sponsored placements, or referrals to third-party providers, including tour operators, guides, accommodation providers, booking platforms, transport providers, restaurants, insurers, eSIM providers, travel card providers, payment processors, map providers, and other travel-related services.

Unless expressly stated otherwise, we do not own, operate, control, employ, supervise, or act as agent for any third-party provider. We are not responsible for any third-party provider’s acts, omissions, prices, availability, cancellations, refunds, safety standards, service quality, representations, terms, policies, communications, conduct, or performance.

Any booking, purchase, payment, enquiry, or interaction with a third-party provider is solely between you and that provider. You should review the provider’s own terms, conditions, cancellation policies, refund policies, safety information, insurance requirements, and other relevant details before booking or purchasing.

We may receive a commission, referral fee, affiliate payment, sponsored placement fee, or other benefit if you click on certain links, make a booking, or purchase a product or service through a third-party provider. This does not increase the price you pay unless clearly stated.

We may recommend or feature third-party providers based on our own research, editorial criteria, commercial relationships, or user value. However, a recommendation, listing, or link does not guarantee the quality, safety, suitability, availability, legality, or performance of any third-party provider.

14. DIGITAL PRODUCTS AND ACCESS

We may offer paid digital products, including planning packs, downloadable guides, maps, checklists, itineraries, templates, premium written content, and other digital resources.

When you purchase a digital product, you are purchasing access to the digital content described at the time of purchase. Unless expressly stated otherwise, digital products are provided for your personal, non-commercial use only and may not be copied, shared, resold, redistributed, uploaded, publicly displayed, or used for commercial purposes without our prior written permission.

We may update, improve, replace, correct, or remove parts of a digital product from time to time, including where information becomes outdated, inaccurate, unavailable, or no longer suitable. We do not guarantee that any digital product will remain unchanged over time.

We will make reasonable efforts to maintain access to purchased digital products, but we do not guarantee uninterrupted, permanent, or error-free access. Access may be affected by technical issues, platform changes, maintenance, payment provider issues, email delivery issues, hosting issues, or circumstances outside our reasonable control.

You are responsible for providing a correct email address at the time of purchase and for checking your spam, junk, promotions, or similar email folders. If you do not receive access to a purchased digital product, you should contact us at [insert email address].

15. LIFETIME ACCESS

If we describe a product as including “lifetime access,” this means access for the lifetime of that product while it remains commercially available and technically supported by us. It does not mean access for your lifetime, our lifetime, or indefinite access regardless of changes to our business, website, technology, suppliers, platforms, or legal obligations.

We may discontinue, replace, migrate, or materially change a product where reasonably necessary, including due to business changes, technical limitations, supplier changes, legal requirements, security concerns, or the product becoming outdated.

Where reasonably possible, we will provide an alternative method of access or a reasonable substitute. Nothing in this section limits any rights or remedies you may have under the Australian Consumer Law or any other law that cannot legally be excluded.

16. REFUNDS AND CONSUMER GUARANTEES

Due to the digital nature of our products, payments for digital products may be non-refundable once access has been provided, except where required by applicable law or expressly stated in a specific refund policy.

Nothing in these Legal Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, or protection that cannot be excluded, restricted, or modified under the Australian Consumer Law or any other applicable law.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you may be entitled to cancel your service contract with us and receive a refund for the unused portion, or compensation for its reduced value. You may also be entitled to compensation for any other reasonably foreseeable loss or damage. This wording follows the ACCC’s mandatory consumer guarantee wording for services supplied after 9 June 2019. (ACCC)

Where a failure does not amount to a major failure, you may be entitled to have the failure corrected within a reasonable time, or to another remedy required by law.

17. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Victoria, Australia.

Day of the Dead Journey and yourself irrevocably consent that, subject to the Dispute Resolution section below and to any rights that cannot legally be excluded, the courts of Victoria, Australia shall have jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

18. DISPUTE RESOLUTION

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us, the parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration or legal proceedings, except for the Disputes expressly provided below.

Such informal negotiations commence upon written notice from one party to the other party.

Binding arbitration

If the parties are unable to resolve the Dispute through informal negotiations, the Dispute shall be finally resolved by arbitration, to the extent permitted by law, in accordance with the United Nations Commission on International Trade Law Arbitration Rules in force at the time of commencement of the arbitration.

The number of arbitrators shall be one (1).

The seat, or legal place, of arbitration shall be Melbourne, Victoria, Australia.

The language of the proceedings shall be English.

The governing law of these Legal Terms shall be the substantive law of Victoria, Australia.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law:

no arbitration shall be joined with any other proceeding;
there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class-action procedures; and
there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:

any Disputes seeking to enforce or protect, or concerning the validity of, any intellectual property rights of a party;
any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use;
any claim for injunctive relief;
any matter that cannot legally be made subject to arbitration; and
any rights or remedies that cannot legally be excluded, restricted, or modified under the Australian Consumer Law or any other applicable law.

If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.

19. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, travel information, event information, transport information, accommodation information, tour information, maps, routes, and various other information.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

This is especially important for travel-related information, including event dates, cemetery hours, transport options, accommodation availability, tour availability, prices, road closures, local restrictions, and official programmes. We may correct, update, remove, or change such information at any time, but we do not guarantee that all information will be updated before you rely on it.

20. DISCLAIMER

To the maximum extent permitted by law, the Services are provided for general informational, cultural, educational, and travel planning purposes only. We do not guarantee any particular travel outcome, experience, saving, booking, safety result, cultural experience, event access, tour quality, accommodation quality, or itinerary result.

You acknowledge that travel involves inherent risks, including changes to local conditions, weather, transport, health, safety, security, access, availability, pricing, and local rules. You are responsible for making your own enquiries, obtaining appropriate travel insurance, checking travel advisories, and making decisions suitable for your personal circumstances.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES, MOBILE APPLICATIONS, BOOKING PLATFORMS, MAP SERVICES, EMAILS, DOCUMENTS, OR THIRD-PARTY PROVIDERS LINKED TO THE SERVICES.

WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES OR FROM YOUR TRAVEL DECISIONS;
UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY;
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS;
LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES;
CHANGES TO EVENT SCHEDULES, LOCAL CONDITIONS, ROUTES, ACCESS, PRICES, BOOKINGS, OR THIRD-PARTY SERVICES; OR
ACTS, OMISSIONS, OR CONDUCT OF ANY THIRD-PARTY PROVIDER.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED, OFFERED, LINKED, REFERRED, OR RECOMMENDED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, ANY BOOKING PLATFORM, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER, ADVERTISING, ARTICLE, GUIDE, EMAIL, MAP, OR OTHER MATERIAL.

WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDER OF PRODUCTS OR SERVICES.

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Nothing in this Disclaimer excludes, restricts, or modifies any consumer guarantee, right, remedy, or protection that cannot be excluded, restricted, or modified under the Australian Consumer Law or any other applicable law.

21. LIMITATIONS OF LIABILITY

To the maximum extent permitted by law, we and our directors, employees, contractors, agents, affiliates, partners, and representatives will not be liable to you or any third party for any indirect, consequential, incidental, special, exemplary, or punitive damages, including loss of profit, loss of revenue, loss of data, loss of goodwill, loss of opportunity, travel disruption, missed bookings, missed events, additional travel costs, or other losses arising from or related to your use of the Services.

To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to the Services, including any website content, digital product, planning pack, guide, itinerary, map, checklist, recommendation, affiliate link, third-party referral, or paid product, will be limited to the amount you paid us for the relevant product or service giving rise to the claim.

22. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our directors, employees, contractors, agents, affiliates, partners, and representatives, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:

your use of the Services;
your breach of these Legal Terms;
your breach of your representations and warranties set forth in these Legal Terms;
your violation of the rights of a third party, including but not limited to intellectual property rights, privacy rights, or publicity rights;
your misuse, unauthorised sharing, copying, redistribution, or commercial exploitation of our Content;
your unlawful, misleading, harmful, or infringing Submissions or Contributions; or
any harmful act toward another user of the Services or any third-party provider.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims.

We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Nothing in this section requires you to indemnify us to the extent that doing so would be unlawful or would make this section an unfair contract term under applicable law.

23. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, processing purchases, delivering digital products, communicating with you, improving the Services, and maintaining records relating to your use of the Services.

Although we may perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, except to the extent such liability cannot be excluded under applicable law.

Your personal information will be handled in accordance with our Privacy Policy, where applicable.

24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, purchasing digital products, completing online forms, submitting information, or interacting with the Services constitute electronic communications.

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, receipts, product access emails, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, PAYMENT RECORDS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, PRODUCT ACCESS INFORMATION, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, except to the extent such waiver is not permitted by law.

25. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect of the Services constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.

These Legal Terms operate to the fullest extent permissible by law.

We may assign any or all of our rights and obligations to others at any time where reasonably necessary in connection with the operation, sale, transfer, restructuring, or continuation of the Services.

We shall not be responsible or liable for any loss, damage, delay, interruption, or failure to act caused by any cause beyond our reasonable control, including technical failures, hosting issues, payment processor issues, third-party provider failures, email delivery failures, natural disasters, strikes, transport disruption, government action, local restrictions, civil unrest, war, epidemic, pandemic, weather events, or other events outside our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, fiduciary, agency, or travel agency relationship created between you and us as a result of these Legal Terms or use of the Services.

You agree that these Legal Terms will not be construed against us by virtue of having drafted them.

You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms, except to the extent such waiver is not permitted by law.

26. CONTACT US

For questions, privacy requests, corrections, complaints, or concerns, contact us at:
‍
Day of the Dead Journey
Melbourne, Victoria, Australia
Email: dayofthedeadjourney@gmail.com
Website: dayofthedeadjourney.com