TouristEye Terms of Use

These terms govern the use of the TouristEye application (Application) and TouristEye website (Website) which are owned and operated by Lonely Planet Global Inc. of 230 Franklin Road, Franklin, Tennessee (LPG).

1. Use of the Application and Website

Acceptance of Terms. By using the Application or Website, you agree that you have read and agree to comply with and be bound by these Terms of Use. LPG may modify these Terms of Use from time to time so check them regularly.

Minimum age. Persons under 16 (sixteen) years of age must not use the Application, Website or any other services offered through the Application or Website without the permission of a parent or guardian.

Third party providers. If you make a booking through a third party provider by using the online links in the Application or on the Website, you will also be subject to the third party providers’ general terms and conditions. LPG is not responsible for the services or information provided by third party providers.

Community Guidelines. Our Community Guidelines apply to your use of the Website and Application. You can read them here.

2. LPG Intellectual property

All intellectual property, (including but not limited to every trademark, trade name, logotype or distinctive signs of any type) which appears in the Application or on the Website is owned by or licenced to LPG by third parties. You must not copy or use any part of the Application or Website without permission from LPG.

3. Content provided by Users

Users will be able to give opinions or to provide new tourist content through the Application and Website for the purpose of other Users or visitors to be able to access and view. This content may include but is not limited to pictures, text and opinions.

Licence to LPG. You agree that all of the content contributed to the Application and/or Website is your own work. You license to LPG the non-exclusive, perpetual, irrevocable, royalty-free, worldwide rights to reproduce, communicate, edit, adapt or otherwise use any content that you upload to the Application or Website, including any feedback submitted through the Application or Website, third party applications or services available through the Application or Website, and in other LPG products. This includes the right to sublicense to others at LPG’s discretion.

You indemnify LPG against all losses, costs and expenses directly incurred by LPG, in connection with a demand, allegation, action, proceeding or claim that you do not own all of your work, you are not able to grant LPG rights or do not have the consent of an owner to incorporate the owner’s work into your own.

4. Exclusion of guarantees and liability

The following applies to Users who live outside of Australia, the UK and the EU:

LPG IS NOT RESPONSIBLE FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED IN CONNECTION WITH THE USE OF THE APPLICATION OR WEBSITE AND ANY SERVICES OFFERED THROUGH THE APPLICATION OR WEBSITE. THE APPLICATION AND WEBSITE ARE PROVIDED “AS IS”. THE INFORMATION ON THE APPLICATION AND/OR WEBSITE MAY NOT BE SUITABLE FOR EACH USER’S PARTICULAR NEEDS. USERS SHOULD VERIFY CRITICAL INFORMATION INDEPENDENTLY BEFORE TRAVELING.

LPG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE APPLICATION OR WEBSITE OR THEIR CONTENT AND, TO THE EXTENT PERMITTED BY LAW, LPG HEREBY EXCLUDES ANY LIABILITY WHICH MAY ARISE AS A RESULT OF THE USE OF THE APPLICATION OR WEBSITE. LPG IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, OR LOSS OF PROFITS OR REVENUE ARISING OUT OF THE USE OF OUR APPLICATION OR WEBSITE. USERS INDEMNIFY LPG AGAINST EACH CLAIM, ACTION, PROCEEDING, JUDGMENT, DAMAGE, LOSS, EXPENSE OR LIABILITY INCURRED OR SUFFERED BY, OR BROUGHT, MADE OR RECOVERED AGAINST LPG IN CONNECTION WITH ANY BREACH BY THE USER OF THESE TERMS OF USE.

NOTHING IN THESE TERMS OF USE EXCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR LIABILITY OR FRAUDULENT MISREPRESENTATION. SUBJECT TO THE PREVIOUS SENTENCE, LPG’S LIABILITY TO USERS UNDER THESE TERMS OF USE IS LIMITED TO RESUPPLY OF THE CONTENT OR SERVICES ACCESSED VIA THE APPLICATION OR WEBSITE.

The following applies to Users who live within Australia, the UK and the EU:

LPG uses reasonable care and skill to ensure the accuracy of the information provided on the Application and Website. Information contained on the Application and Website may not be fully accurate and is provided “as is”.

However, certain laws also provide non-excludable statutory guarantees, conditions or warranties for the supply of certain goods or services. Nothing in these Terms of Use is to be taken to exclude, restrict or modify any guarantee, condition or warranty that LPG is prohibited by law from excluding restricting or modifying.

Subject to the Users’ rights under law (which cannot be excluded), LPG:

Exclusion of guarantees and liability because of the software working order, regarding contents, a virus possibility and the efficacy of security measures.

LPG does not guarantee:

LPG excludes, to the extent permitted by law, all liability in relation to mistakes in the software, or in the content or due to the presence of a virus which may provoke some changes in the computer system, documents or files owned by Users.

5. Data modification and removal

If you wish to modify your personal data, or to stop receiving LPG services, you may cancel your registration, or correct, update or remove easily your personal data.

6. Formal complaint to LPG

If any User, visitor or third party considers any data contained on the Application or Website to be illicit or in breach of these Terms of Use, the User should contact LPG through the e-mail address privacy@lonelyplanet.com.

7. Applicable law

These Terms of Use are governed by the laws of Tennessee, USA. The interpretation and resolution of any conflict which may arise from the use of the Application or Website will be subject to courts of that jurisdiction.

Privacy Policy

Please click here for LPG’s full Privacy Policy in relation to its websites. For the Privacy Policy in relation to this Application, keep reading below.

What do LPG collect your information for?

When you use the Application we may collect certain information automatically, such as the type of mobile device you are using (e.g. iPhone 5S), the version of the operating system running on the device (e.g. iOS7.0.0), the version and build of the App being used (e.g. 1.0.0), anonymous usage statistics and crash reporting data and unique identifier details for your device such as the IP address, MAC address or IMEI number. Where possible, unique identifiers are anonymised and we do not use this information to identify you as an individual.

Lonely Planet collects precise real-time location information about your device for things like showing you where you are on a map. We do not save, retain or share this information with anyone - it remains solely on your device.

Newsletters and competitions

LPG may ask you if you wish to receive marketing emails from LPG or invite you to enter a competition or to share content with LPG via email or social networks. If you wish to be involved in these activities, you may be required to provide LPG with personal information such as name, e-mail address, telephone number or date of birth. The information will only be used by LPG for the reason the information was provided to LPG.

How LPG will use your information

Analytics: Where LPG automatically gathers information without asking you to give it to us, LPG uses that information to understand how the Application is used by the community and to make sure any technical problems are reported to LPG. LPG uses an analytics service provided by a third party - Google Analytics. Google Analytics does not collect personally identifiable information. For more information about the information Google Analytics collects and how Google Analytics treats that information please visit their Privacy Policy.

Feedback and errors: where you contact LPG to ask for help to resolve an issue, LPG may ask for your name, email address and any information you chooses to give LPG as part of servicing your request, including a textural description of the issue, and screenshots of the issue you may be seeing in the Application. LPG does this collection through a third-party tool embedded in the Application known as Helpshift. If you choose to share this information, that information will be governed by Helpshift’s Terms and Privacy Policy.

Information LPG may share

LPG will only share your information with third parties if LPG has your consent to do so or when they are providing a service for LPG (like Google Analytics and Helpshift above). LPG’s service providers will only use that information in accordance with LPG’s instructions and not for their own purposes. Otherwise, LPG will keep your information confidential except where disclosure is required or permitted by law (for example to government bodies and law enforcement agencies).

Cookies

Cookies are small text files, which are set by a website operator or application operator so that your browser or device may be recognised. They typically contain anonymous information such as a unique, randomly generated ID. LPG may use cookies in the Application to provide certain functionality, such as push notifications, or to learn about Users’ use of the Application. Google Analytics may use cookies in order to provide the Google Analytics services mentioned above.

How long LPG will store information

LPG will hold personal information on its systems for as long as it is necessary to provide the service you have requested.

Contact Us

LPG would love to hear any comments, questions, or concerns you may have about this information. Please feel free to get in touch at privacy@lonelyplanet.com.au. LPG is only able to process communications in English at this time.