A.1 These Terms of Service form an agreement (Agreement) between Travello Pty Ltd ABN 80 600 440 953 (Travello), an Australian company, and the user (User).
A.2 This Agreement governs all access to and use of any services provided by Travello to its clients (Service) and all associated images, content and other data (Content).
B TRAVELLO APP
Travello provides the Travello App (Service). The Service enables Users to:
(a)Connect with fellow travellers in the vicinity of the User and/or search for fellow travellers in a certain location, destination or area;
(b)Post queries to, and answer messages on, the Noticeboard;
(c)Share and explore trips and itineraries;
(d)Create and post events;
(e)Identify and share Wifi hotspots; and
(f)Promote, sell, and exchange goods and services.
The native mobile application “Travello” is available from Apple’s AppStore and any other native or web-based mobile applications made available from time-to-time.
Your license to access the App shall be ongoing unless terminated by Travello in accordance with these Terms.
C.1 Normal Account. Normal User accounts are downloadable free of charge.
C.2 Premium Account. Travello may offer a Premium Account with special services and features for a fee.
C.3 Limitations on Use. Travello may limit or restrict access to the App from time-to-time on any basis as it sees fit, including (but not limited to):
(a)Age & Capacity.
iOnly persons over the age of 13 may register as a Member; and
iiUsers under the age of 18 must have their parent’s or legal guardian’s permission to download and use the App.
(b)Location. Travello may restrict access to the App from any location.
Each User may be required to verify their identity by (without limitation) email, telephone, residential or business address, social media, referrals, references and/or formal photographic identification. The User agrees to provide Travello with all necessary verifications we require to provide the User with access to the Service.
C.5 Limited Access
Travello may limit access where it cannot, in its absolute discretion, verify the user’s identity.
Travello may charge Users a fee to create and post events.
D.2 Local Promotions and Deals
Travello may promote “daily deals” and other promotions for purchase by Users.
D.3 Goods and Services
Travello may offer other goods and services for purchase through the App. Travello may charge a commission to list, promote or sell these goods and services.
D.4 Other Fees.
Travello may offer goods and services for purchase through the App. Members will be notified about all new features or services and will be given the opportunity to opt-in to any new fees.
D.5 In-App Upgrades.
Certain App functions may only be accessible upon the user paying for an in-app upgrade. Travello will in its sole discretion determine:
(a)what services will require an in-app upgrade;
(b)the cost of any in-app upgrade; and
(c)the duration that a user can use an in-app upgrade.
D.6 Trial Period.
Trial Periods may be available from time-to-time in which Members can access some or all of the features and services on the App at no charge for a designated period of time.
D.7 Fees and Charges.
Payment Fees and Charges is governed by Section 9.1 of the General Conditions.
D.8 Disputes Between User & Travello.
Disputes between User and Travello shall be handled in accordance with the procedures set out in the General Conditions of these Terms.
E COMPLIANCE & TERMINATION
E.1 Travello may suspend, block or terminate a Users use of the App in the event that the User fails to comply with any of their obligations under this Agreement, or uses the App in a manner that causes any offence or concern to any other user of the App, at the absolute discretion of Travello.
E.2 Either party may terminate this Agreement at any time by written notice.
F.1 Governing Law. Queensland, Australia.
F.2 Reference City. Brisbane, Queensland.
G CONTACT INFORMATION
G.1 You should address all correspondence with regards to these Terms of Service or the Services, including any feedback to:
Customer Support Officer
Travello Pty Ltd
You may contact the Customer Support Officer by email in the first instance.
1.1 The following definitions apply in this document:
(a)ABN means Australian Business Number.
(b)App means the product described in the Solution in the Particulars.
(c)Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in the Reference City of the Legal Location.
(d)Fees & Charges means the fees and charges as set out in the Particulars.
(e)General Conditions means the terms and conditions set out in the section of this Agreement entitled “General Conditions”.
(f)Intellectual Property means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
(g)Particulars means this Agreement’s details and variables set out in the section of this Agreement entitled “Particulars”.
(i)Services means the Services described in the Solution in the Particulars.
(j)Special Conditions means the terms and conditions set out in the section of this Agreement entitled “Special Conditions”.
(k)User Content means content that is entered into or created within the App by the User.
1.2 Headings are only for convenience and do not affect interpretation. The following rules apply unless the context requires otherwise:
(a)The singular includes the plural and the opposite also applies.
(a)If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
(b)A reference to a clause refers to clauses in this Agreement.
(c)A reference to legislation is to that legislation as amended, re‑enacted or replaced, and includes any subordinate legislation issued under it.
(d)Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
(e)A reference to a party to this Agreement or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
(f)A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
(g)A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.
(h)A reference to dollars or $ is to an amount in Australian currency.
2.1 This Agreement applies to use of and access to the App.
2.2 Where the User does not accept the terms and conditions of this Agreement, the User must immediately cease using the App.
2.3 The terms & conditions of this Agreement may be updated by Travello in its absolute discretion from time-to-time, and unless stated otherwise by Travello in writing, such updates shall come into effect for use of the App at the time the User is sent notice of the update(s).
2.4 The User agrees to comply with the terms and conditions of:
(a)Apple if the Member accessed the App from the AppStore; or
(b)Any other provider that provides access to native or web-based mobile applications from which the User accessed the App.
3.1 By using the App, the User acknowledges and agrees to:
(a)These Terms of Service; and
4.1 The App is only accessible to the User for the term set out in the Particulars.
4.2 The User agrees and accepts that the functional elements of the App may be:
(a)hosted by Travello and shall only be installed, accessed and maintained by Travello, accessed using the internet or other connection to Travello servers and is not available ‘locally’ from the User’s systems; and
(b)managed and supported exclusively by Travello from Travello servers and that no ‘back-end’ access to the App is available to the User unless expressly agreed in writing.
4.3 Travello reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the App.
5.1 By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable license to access the App for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.
5.2 Travello may issue the license to the User on the further terms or limitations set out in item the Particulars as it sees fit.
5.3 Travello may revoke or suspend the User’s license(s) in its absolute discretion for any reason that it sees fit, including for breach of the terms and conditions in this Agreement by the User or any of it’s users. Travello will ordinarily advise the User of any suspension or revocation however it is under no obligation to do so.
6.1 The User agrees that it shall only use the App for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Travello in its discretion.
6.2 The user agrees that by joining Travello you are agreeing, in full, to the terms and conditions stated within this policy
6.3 The User agrees that it shall only use the App for legal purposes and shall not use it to engage any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Travello in its discretion.
6.4 The user agrees that there is no tolerance by Travello to objectionable content within any section of the application. Any offensive or objectionable content, which will be deemed so at the absolute discretion of Travello administrators or reported by fellow users, will be removed from the application.
6.5 Users profiles responsible for the publication of offensive or objectionable content will be removed from the application at the full discretion of Travello administration.
7 THIRD PARTY GOODS & SERVICES
7.1 Travello displays and provides facilities for Users to search for third party travel related goods and services via the App. Goods and services include:
(e)Tickets to events
7.2 Travello provides no warranty or representation and accepts no responsibility as to the goods and services displayed on the App or third-party providers and the User must satisfy himself or herself as to the third parties and their respective goods and services including without limitation:
(a)The accuracy of descriptions including but not limited to the goods and services type, availability, price, inclusions, restrictions, policies and terms and conditions;
(b)The accuracy of any photos of the goods or services;
(c)The state of repair or quality of the goods and services to be provided;
(d)Whether the goods and services are appropriate for the User’s needs;
(e)The functionality, timeliness of provision, availability, use, operation or any other aspect of the goods and services;
7.3 Travello forwards any of the User’s cardholder data relating to third party goods or services directly to the relevant third party provider. Travello does not store or process this data or payments relating to third parties and will not be responsible for any loss or damages that the User suffer in any way.
7.4 The use of any goods or services will be in accordance with the relevant third party’s terms and conditions. Please contact the relevant third
party for a copy of their terms and conditions.
7.5 Notwithstanding that the User books or pays for goods or services via the App, the contract of supply for the goods and services is between the third party provider and the User. Travello will in no way be responsible for providing or fulfilling any of the third party’s obligations to the User.
7.6 Without restricting the application of any other clause in this Agreement, Travello will in no way be liable to the User for any loss or damage that the User suffers by using third party goods and services via the App.
8 AUTHORISED USERS
8.1 The User shall authorise users to access the App in its absolute discretion. Travello accepts no liability for access to User Content by users authorised by the User or using login details of users authorised by the User.
8.2 The User is solely responsible for the security of its username and password for access to the App.
8.3 The User is responsible for ensuring that users they authorise to use the App comply with this Agreement in full and are liable for any breach of them.
9 USER CONTENT
9.1 Travello accepts no liability for the content of User Content.
9.2 The User is responsible for the accuracy, quality and legality of User Content and the User’s acquisition of it, and the users that create, access and/or use User Content.
9.3 User content will be moderated by Travello administrators. There is no tolerance by Travello to offensive and/or objectionable content within any section of the application. Any offensive or objectionable content, which will be deemed so at the absolute discretion of Travello administrators and/or reported by fellow users, will be removed from the application.
9.4 Travello moderators will act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content
9.5 Despite clause 8.1, Travello shall be authorised to permanently delete User Content where:
(a)A user has created objectionable or inappropriate content
(b)A user has acted inappropriately or threateningly to another user
(c)The User deletes the App or no longer wishes to use it; or
(d)This Agreement is terminated.
10 FEES & CHARGES
10.1 The User agrees to pay all Fees & Charges as and when they fall due and to the extent permissible by law.
10.2 Fees & Charges are non-cancellable and/or non-refundable once ordered or paid for the billing period.
10.3 The User agrees to pay the Fees & Charges.
10.4 Travello may introduce new services and/or Fees & Charges by giving the User written notice of their availability and applicability.
10.5 Travello shall notify the User of any changes to existing Fees & Charges. Travello reserves the right to change the Fees & Charges at any time at its absolute discretion.
10.6 If the User does not accept a change to Fees & Charges, the User must notify Travello.
10.7 Travello may revoke or suspend the User’s license to access the App for unpaid Fees & Charges without liability.
11.1 The terms of payment will be set by Travello.
11.2 Refunds are not provided except as required by law.
12.1 Security. Travello takes the security of the App and the privacy of its users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of Travello’s systems or the information on them.
12.2 Transmission. Travello shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.
13.1 By accepting the terms of this agreement the User agrees that Travello shall provide access to the Service to the best of its abilities, however it accepts no responsibility for ongoing access to the App.
14 INTELLECTUAL PROPERTY
(a)Travello has moral & registered rights in its trademarks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Travello.
(b)Apple® AppStore®, Google®, GooglePlay® and other trademarks are the Intellectual Property of their respective owners.
14.2 Proprietary Information. The App may use software and other proprietary systems and Intellectual Property for which Travello has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the App.
14.3 App. The User agrees and accepts that the App is the Intellectual Property of Travello and the User further warrants that by using the App the User will not:
(a)Copy the App or the Services that it provides for the User’s own commercial purposes; and
(b)Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the App or any documentation associated with it.
14.4 Content. All content remains the Intellectual Property of Travello, including (without limitation) any source code, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to the App.
15.1 To the full extent allowed by law, Travello provides the App “as is” and without any warranty or condition, express or implied.
15.2 Travello does not warrant that the information contained in or accessible through the App is accurate, suitable for your purposes or without errors, omissions or viruses. Nor does Travello guarantee continuous, uninterrupted or secure access to the App.
15.3 The User acknowledges and agrees that factors outside of Travello’s control may interfere with the User’s use of the App (including the software operating in connection with the App).
15.4 Travello does not warrant the accuracy of any advice, opinion, statement, representation or other information displayed on or accessible through the App.
15.5 Subject to the Competition and Consumer Act 2010, Travello makes no representations or warranties in respect of the information and materials available on the App or the means of accessing that information and material (including the software operating in connection with the App).
15.6 Travello does not warrant, represent or take any responsibility for third party websites or apps which are or may become linked or connected to or from the App. Any links to third party websites or apps are provided for convenience only and may not remain current or be maintained. The User agrees and acknowledges that Travello does not endorse, adopt, approve or recommend, and are not responsible or liable for, any content, advertising, products, or other materials on or available from a third party website, app or information.
16 LIABILITY & INDEMNITY
16.1 The User agrees that it uses the App at its own risk.
16.2 The User acknowledges that Travello is not responsible for the conduct or activities of any user and that Travello is not liable for such under any circumstances.
16.3 The User agrees to indemnify Travello for any loss, damage, cost or expense that Travello may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the App, including any breach by the User of these Terms.
16.4 In no circumstances will Travello be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the App or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not Travello knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
16.5 This clause 16 applies in relation to any third party listed via the App and any goods or services provided by a third party via the App.
17.1 Expiry or termination of this Agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this Agreement up to the date of expiry or termination.
18.1 For any dispute between Travello and the User, the following process shall apply:
(a)Negotiation. If there is a dispute between the parties relating to or arising out of this Agreement, then within 5 Business Days of a party notifying the other party of a dispute, senior representatives from each party must meet (or if discuss directly via the telephone or internet) and use all reasonable endeavours acting in good faith to resolve the dispute by joint discussions;
(b)Mediation. If the dispute between the parties relating to or arising out of this Agreement is not resolved within five Business Days of notification of the dispute under Clause 18.1, the parties must agree to submit the dispute to mediation, administered by lawyers engaged in alternative dispute resolution;
(c)Arbitration. If the dispute between the parties relating to or arising out of this Agreement is not settled by mediation under Clause (b), either party may by written notice to the other refer the dispute to arbitration administered by the Institute of Arbitrators Australia. The arbitrator will be agreed between the parties from a panel suggested by the President of the Institute of Arbitrators Australia or failing agreement, an arbitrator will be appointed by the President of the Institute of Arbitrators Australia; and
(d)Court proceedings. A party may not commence court proceedings in relation to a dispute relating to or arising out of this Agreement until it has exhausted the procedures in this clause 18.1 unless the party seeks appropriate injunctive or other interlocutory relief to preserve property or rights or to avoid losses that damages would otherwise be inadequate to compensate.
19.1 The User can direct notices, enquiries, complaints and so forth to Travello as set out in this Agreement. Travello will notify the User of a change of details from time-to-time.
19.2 Travello will send the User notices and other correspondence to the details that the User submits to Travello, or that the User notifies Travello of from time-to-time. It is the User’s responsibility to update its contact details as they change.
19.3 A consent, notice or communication under this Agreement is effective if it is sent as an electronic communication unless required to be physically delivered under law.
19.4 Notices must be sent to the parties’ contact details as specified in the Particulars.
20.1 The User may only assign or otherwise create an interest in its rights under this Agreement with the written consent of Travello.
20.2 Travello may assign or otherwise create and interest in its rights under this Agreement by giving the User written notice.
21.1 Formation. This Agreement is formed when the User acknowledges their consent to this Agreement, whether done electronically or physically.
21.2 Prevalence. Each party to this Agreement agrees to the clauses in the Particulars, the Special Conditions (if any) and the General Conditions. The Particulars, Special Conditions and the General Conditions form a single legal agreement. To the extent that the Particulars or the Special Conditions are inconsistent with the General Conditions, the terms of the Particulars will prevail. To the extent that the Special Conditions are inconsistent with the Particulars, the Special Conditions will prevail.
21.3 Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in this Agreement.
21.4 Relationship. The relationship of the parties to this Agreement does not form a joint venture or partnership.
21.5 Waiver. No clause of this Agreement will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
21.6 Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to this Agreement and the transaction facilitated by it.
21.7 Governing Law. This Agreement is governed by the laws of the state set out in the Particulars. Each of the parties hereby submits to the non- exclusive jurisdiction of courts with jurisdiction there.
21.8 Liability for Expenses. Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this Agreement.
21.9 Inconsistency. If this Agreement is inconsistent with any other document or agreement between the parties, this document prevails to the extent of the inconsistency.
21.10 Counterparts. This Agreement may be executed in any number of counterparts. All counterparts together will be taken to constitute one instrument.
21.11 Time. Time is of the essence in this Agreement.
21.12 Severability. Any clause of this Agreement, which is invalid or unenforceable is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.
END GENERAL CONDITIONS