Terms & Conditions

Last updated: 18 November 2023

1. Terms

  1. 1.1 By accessing any product or service offered by Joystic Tourism Pty Ltd trading as Joystic (Joystic) (such as the mobile application and website) (System), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms of service, you are prohibited from using or accessing the System. These terms of service should be read in conjunction with Joystic’s Privacy Policy at www.joystic.com/privacypolicy.
  1. 1.2 Joystic reserves the right, at any time, to update and change any or all of these terms of service, at its sole discretion, including but not limited to the fees and charges associated with the use of the System. If Joystic does so, Joystic will post the modified terms of service on its System, and you will be notified of any changes that, in Joystic’s sole discretion, materially impact these terms of service. Continued use of the System after any changes have been made will constitute your consent to such changes.  
  1. 1.3 You are responsible for regularly reviewing the most current version of these terms of service, which are currently available at: [www.joystic.com/terms-and-conditions]. When we change these terms of service, we will modify the "Last modified" date at that page.

2. User Licence

2.1 Permission is granted to use the System for personal, transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

2.1.1 modify or copy the materials on the System;

  1. attempt to decompile or reverse engineer any software contained on the System;
  2. remove any copyright or other proprietary notations from the materials on the System; or
  3. transfer the materials on the System to another person or "mirror" the materials on any other server. 

3. Your Obligations

3.1 You must provide true, current and complete information in your dealings with Joystic (including when setting up an account on the System) and must promptly update that information as required so that the information remains true, current and complete.

3.2 You must:

      3.2.1 not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the System, or otherwise attempt to damage or interfere with the System.

      3.2.2 not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, including Joystic;

      3.2.3 not post, upload, distribute, store, create or publish through the System any message, data, information, text, music, sound, photos, graphics, code or any other material that is false, unlawful, misleading, libellous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, or advocates harassment of another person, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; and

      3.2.4 unless with Joystic’s written agreement, access the System via an applicable device. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

3.3 You agree to indemnify Joystic and any of our officers, directors, employees, and agents from and against all claims, causes of action, demands, recoveries, fines, penalties and Loss that Joystic suffer or incur as a direct or indirect result of your failure to comply with these terms of service, including any failure of a person who accesses and uses the System by using the log in details supplied to you by Joystic.

4. Liability Disclaimer

4.1 The materials on the System are provided on an 'as is' basis. Joystic makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

4.2 As a user of Joystic, you understand and agree that:

      4.2.1 Neither Joystic nor its affiliates will have any liability to you or others for any unauthorised transactions made using your password or account; and 

      4.2.2 The unauthorised use of your password or account could cause you to incur liability to both Joystic and other users.

If you do find that unauthorised transactions have been made on your account, please immediately contact Joystic at hello@joystic.com

4.3 When you book a service via the System, the System will collect your reservation information and transmit it to the Supplier to complete the transaction, as prescribed in our privacy policy. Joystic, fulfils your reservation and supplies the relevant goods or services via a third party. Joystic and its affiliates will not interfere with reservations arbitrarily, but we reserve the right to cancel or not process a reservation because of certain extenuating circumstances, such as when a reservation is no longer available or when we have reasonable cause to suspect that a reservation request may be fraudulent. Joystic also reserves the right to take steps to verify your identity to process your reservation.

4.4 Joystic is not a travel agency and does not in itself provide or own travel services or accommodation. Although Joystic as a platform provides these services for you to book via Suppliers, this does not in any way imply, suggest, or constitute Joystic's approval of Suppliers, or any affiliation between Joystic and Suppliers. Furthermore, even though Joystic users may rate and review particular activities based on their own experiences, Joystic does not make any warranties regarding the services of any Supplier.

4.5 Joystic does not warrant or make any representations concerning the accuracy, likely results, or reliability of the System or otherwise relating to any sites linked to the System.

4.6 Joystic accepts no liability if you are refused entry onto a flight or into any country because of failing to carry the requisite travel documents required by any airline, authority, or country including the countries you may just be passing through en route to your destination.

4.7 Visiting or using any Supplier/third party link from the System is at your own risk. If you book a service with a Supplier then you agree to review and be bound by the Supplier's terms and conditions, privacy policy and any other rules or policies related to the Supplier's site and/or service. Joystic will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches, or negligence of any Supplier or for any personal injuries, death, property damage, or other damages or expenses resulting from your interactions with Suppliers.

4.8 By listing services available for you that are relevant to travel to particular international destinations, Joystic does not represent or warrant that travel to such destinations is advisable or without risk and is not liable for damages or losses that may result from travel to such destinations.

4.9 The Suppliers providing the services available on the System are independent businesses and not agents, contractors or employees of Joystic. Joystic are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Joystic will have no liability and will make no refund in the event of any strike, force majeure or other causes beyond our direct control, and have no responsibility for any additional expense, omissions, delays, or acts of any government or authority.

4.10 Joystic expressly reserves the right to correct any availability and pricing errors on our System and/or on pending reservations made under an incorrect price. 

4.11 To the maximum extent permitted by law, Joystic and its licensors have no liability or responsibility to you or any other person for any Loss suffered by you in connection with:

      4.11.1 the System being unavailable (in whole or in part) or performing slowly; 

      4.11.2 any error in, or omission from, any information made available through the System;

      4.11.3 any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the System. For the avoidance of doubt, you are responsible for ensuring the process by which you access and use the System; and

      4.11.4 any site linked from the System. Any link on the System to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

5. Cancellations and Disputes

5.1 In order to obtain a refund on cancellation of a Booking, notice must be given to Joystic before the applicable deadline described in the cancellation policy of each Supplier displayed when you make the Booking (Supplier Deadline). On receipt of notice of a cancellation, refunds will be made as follows:

      5.1.1 if notice is received before the applicable Supplier Deadline, 100% refund; and

      5.1.2 if notice is received on or after the applicable Supplier Deadline, then a scaled refund is applied in line with the product suppliers current refund policy. In some cases this will result in no refund.

      5.1.3 refunds can only be made to the card to which they were charged.

5.2 If there is a supplier cancellation, please immediately contact Joystic via the platform or at hello@joystic.com. You must disclose all relevant details of the cancellation, so Joystic can investigate on your behalf where required. In certain circumstances, Joystic may decide, at its sole discretion, that a 100% refund is required.

      5.2.1 100% refunds can only be made to the card to which they were charged

5.3 If an issue arises between you and the Supplier please immediately contact Joystic at hello@joystic.com. You must disclose all relevant details of the issue so Joystic can investigate the issue on your behalf. In certain circumstances, Joystic may decide, at its sole discretion, that it is necessary to cancel a Booking and/or make appropriate reimbursement. This may be where Joystic believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm (whether reputational or otherwise) to Joystic, other travellers, Clients, third parties or property. Joystic will try to gather as much information from you and the Supplier concerning the dispute, the final decision will be made by Joystic.

6. Content on the System

6.1 When agreeing to be supplied a service by a Supplier, you will also be required to agree and adhere to terms and conditions of that Supplier.

6.2 The materials appearing on, or accessed via, the System could include technical, typographical, or photographic errors. Joystic does not warrant that any of the materials on, or accessed via, the System are accurate, complete or current. You agree that Joystic has no responsibility or liability for any materials accessed on a third party platform via the System.

6.3 Joystic may delete, or make changes to, the materials on the System at any time without notice. However, Joystic does not make any commitment to remove, update or correct such materials.

7. Limitations

7.1 In no event will Joystic be liable for any Loss arising out of the use or inability to use the materials on, or accessed via, the System, even if Joystic or a Joystic authorized representative has been notified orally or in writing of the possibility of such damage.

7.2 To the maximum extent permitted by law:

      7.2.1 you access and use the System at your own risk; and 

      7.2.2 we are not liable or responsible to you or any other person for any Loss under or in connection with these terms of service, the System, or your access and use of (or inability to access or use) the System.  This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise. 

8. Suspension and Termination

8.1 Without prejudice to any other right or remedy available to Joystic, if Joystic considers that you have breached these terms of service or Joystic otherwise considers it appropriate (at its absolute discretion), Joystic may immediately, and without notice, suspend or terminate your access to the System (or any part of it).

8.2 Joystic may at any time by written notice to you immediately terminate these terms of service and stop your access to the System.

8.3 On suspension or termination, you must immediately cease using the System and must not attempt to gain further access.

9. General

9.1 If Joystic needs to contact you, Joystic may do so by email or by posting a notice on the System. You agree that this satisfies all legal requirements in relation to written communications. 

9.2 These terms of service, and any dispute relating to these terms of service or the System, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the exclusive jurisdiction of the Courts of Queensland, Australia, in relation to any dispute connected with these terms of service or the System.

9.3 For us to waive a right under these terms of service, the waiver must be in writing.

9.4 Clauses which, by their nature, are intended to survive termination of these terms of service continue in force.

9.5 If any part or provision of these terms of service is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms of service. The remainder of these terms of service will be binding on you.

9.6 These terms of service set out everything agreed by the parties relating to your use of the System and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these terms of service. You acknowledge you have not relied on any representation, warranty or agreement relating to the System that is not expressly set out in the terms of service, and no such representation, warranty or agreement has any effect from the date you agreed to these terms of service.

9.7 All suppliers content is priced in Australian Dollars (AUD) unless explicitly stated, AUD is the currency of transaction for all orders made via the System. 

10. Defined Terms

Unless the context otherwise requires, in these terms of service:

Loss includes loss of profits, loss of business, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis.

Supplier means a company that provides services such as activities or accommodation to you.