Wayloop is provided by SafeTravels Pty Ltd (ABN 41 166 652 606, ACN 166 652 606) trading as "Wayloop" (SafeTravels Pty Ltd trading as Wayloop, "Wayloop", "we", "us", "our"). By accessing or using Wayloop as a Travel Company, you agree to the Travel Company Terms and Conditions below.
www.wayloop.com and the Wayloop web and mobile applications are operated by SafeTravels Pty Ltd (ABN 41 166 652 606, ACN 166 652 606) trading as Wayloop. Access to and use of those websites, applications, and any associated products, including any web or mobile applications incorporating the Wayloop trip management platform (collectively, the "Services"), is provided by SafeTravels Pty Ltd trading as Wayloop.
These Travel Company Terms apply to organisations and businesses (each a "Travel Company") that use the Services to configure and manage trips for their travellers, customers, or trip participants. End users / travellers who access Wayloop to view trip information or use other functionality do so under separate Wayloop End User Terms presented in the app or on the website.
By clicking "I ACCEPT", the Travel Company acknowledge that the Travel Company has read, understood and agree to be bound by these Travel Company Terms of Use ("Travel Company Terms") and the Wayloop Privacy Policy. The Travel Company may not use the Services if the Travel Company do not agree to these Travel Company Terms. If the Travel Company are accepting these Travel Company Terms on behalf of a Travel Company, the Travel Company warrant that the Travel Company are authorised to enter into these Travel Company Terms on behalf of the Travel Company and in doing so, the Travel Company consents to enter into these Travel Company Terms.
SafeTravels reserves the right to review and change any of the Travel Company Terms by updating this page at any time in SafeTravel's sole discretion. Any changes to the Travel Company Terms take immediate effect from the date of their publication on this page. The Travel Company is required to review these Travel Company Terms frequently and familiarise itself with any changes. SafeTravels will endeavor to, but will be under no obligation to advise the Travel Company when these Travel Company Terms are varied.
The Travel Company acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services may occur. SafeTravels shall not be liable to any person or entity for loss or damage incurred by such downtimes. All content and services provided on or through this Services are provided "AS IS" and "AS AVAILABLE" for the Travel Company's use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. The Travel Company's use of this Site is solely at the Travel Company's risk. SafeTravels reserve the right to withdraw or amend the Services without notice. SafeTravels may restrict access to some parts of or the entire Services, from time to time.
In order to use the Services, the Travel Company may be required to provide information about itself (such as identification or contact details) to become a registered Travel Company.
In becoming a registered Travel Company, the Travel Company may be issued with a Travel Company ID and/or password ("Account Information"). The Travel Company agrees to keep the Travel Company's Account Information confidential at all times and must not disclose it to any third parties. The Travel Company agrees to be fully responsible for activities that relate to the Travel Company's Account Information. If the Travel Company has reason to believe that the Travel Company's Account Information has been obtained by someone else without the Travel Company's consent, the Travel Company must inform us immediately to disable the Travel Company's Travel Company account.
The Travel Company Travel Company Account Information will provide the Travel Company access to the internet platform provided by SafeTravels which allows the Travel Company to manage tours and Trip Member information ("Trip Management Platform"). The Travel Company agrees that any information the Travel Company provide to SafeTravels will always be accurate, correct and up to date. SafeTravels may suspend or terminate the Travel Company's access to the Services if any information provided is inaccurate, outdated or incomplete.
Any personal data or information provided by the Travel Company is processed by us in accordance with our Privacy Policy. By registering to the Site and providing any such data or other personal information:
In creating a Travel Company Account, the Travel Company understand and agree that access and use of the Services is limited, non-transferable and allows for the sole use of the Services by the Travel Company.
The Travel Company acknowledge and agree that any requests, reminders, invitations or related correspondence that the Travel Company cause to be sent to other Travel Company Account's and/or third parties through the Services will be sent directly to that person from the Travel Company's email address.
In creating a Travel Company Account, the Travel Company agrees to receive messages from SafeTravels. To stop receiving these messages, the Travel Company must cancel the Travel Company's Travel Company Account by contacting us at hello@safetravels.com.
The Services are intended to provide an online and mobile service to store, manage, organise, view, access and share trip information with Trip Members (your Trip Members, customers, members), as well as provide a mechanism for Trip Members to provide required information through their SafeTravels profile account.
In order to add Your Customers to a Trip on the Trip Management Platform, the Travel Company may purchase pre-paid credits ("Trip Credits"). Payments for Trip Credits are non-refundable and Trip Credits are non-transferrable.
By utilizing the Trip Management Platform, the Travel Company may:
In using the Services, the Travel Company undertake, warrant and agree as follows:
Adding a Trip Member to a Trip by a Travel Company creates a Link between the SafeTravels user account of the Trip Member and the Trip, allowing the Trip Member access to Trip Content that the Travel Company provides.
In the event that a Trip Member is added to a Trip and the Trip Member does not have an existing SafeTravels user account, a new SafeTravels user account will be created for the Trip Member and they will be sent a communication via email notifying them of the action and that they must Activate their SafeTravels user account in order to gain access to the Trip Content for a Trip.
The SafeTravels user account data of a Trip Member is only made available to the Travel Company for the purpose of SafeTravels providing the Services for the Trip the Trip Member is linked to.
Additionally, in the event that a Travel Company elects to use the SafeTravels Emergency Profile functionality for a Trip, the Travel Company shall receive access to the Emergency Profile information of a Trip Member's SafeTravels account for the duration of the Trip period.
The data incorporated into any SafeTravels user account as well as any aggregated data during the course of the Trip incorporated into the Trip Member's SafeTravels user account is the sole ownership of SafeTravels.
Any data collected through the addition of Custom Fields (through customised development for a Travel Company) is the ownership of the Travel Company.
The Travel Company must not modify the physical or digital copies of any Trip Member data the Travel Company prints off or downloads in any way, and the Travel Company must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
The Travel Company understand that the Services may provide the Travel Company with the ability to upload, post, transmit, share, store, distribute, disseminate or otherwise make available ("post") information such as data files, written text, computer software, music, audio files, photographs, or words, sounds, images or videos ("Trip Content"). The Travel Company warrant that the Travel Company own or have the right to use and post such Trip Content through the Services and the Travel Company possess the records and evidence to support this. The Travel Company agree that the Travel Company will not post inaccurate, misleading or false Trip Content on the Services and if, subsequently, this Trip Content becomes obsolete, inaccurate or false, the Travel Company will promptly update or remove the Trip Content.
The Travel Company agree that the Travel Company are solely responsible for any Trip Content that the Travel Company post while using the Services and are solely responsible for any damage the Travel Company incur or cause any other person or entity as a result of that Trip Content and the Travel Company agree to keep SafeTravels indemnified with respect to same.
If the Travel Company are posting information about another person, such as Trip Members on a specific Trip, the Travel Company warrant to SafeTravels that the Travel Company have that person's prior consent to post their information on the Services.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Trip Companies are those of the respective author(s) or distributor(s) and not of SafeTravels.
Trip Content will remain available to the Travel Company and Trip Members for a period of 12 months past the conclusion of the Trip. All documents (pdf's) uploaded to the Trip Management Platform as part of the Trip Content will be removed from the Trip Management Platform for a period of 3 months past the conclusion of the Trip.
In using the Services, the Travel Company agree that the Travel Company will not:
The Services may link to SafeTravels' affiliate booking partners. The Travel Company acknowledge that SafeTravels is not responsible for any third-party websites or resources linked to the Services, in particular with respect to its availability or accuracy of the website and the quality of Trip Content, products or services on the website. Links to these websites do not constitute endorsement by SafeTravels.
The Travel Company acknowledges sole responsibility and bears all risks arising from the Travel Company's use of such websites and resources. SafeTravels make no representation about any other website the Travel Company access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.
The Travel Company acknowledges and agrees that it does not have any claim to any revenue generated by SafeTravels for the provision of links to SafeTravels' affiliate booking partners.
SafeTravels will serve as the point of contact for all inquiries and support requests from the Travel Company's Trip Members. Support is offered through an in-mobile application functionality and via email.
SafeTravels aims to respond to support requests within 24 hours from the lodgment of the support request during Business Days.
SafeTravels will use all commercially reasonable efforts to provide technical support, including:
All rights (including copyright) in the content and compilation of the Services (including text, graphics, logos, button icons, video images, audio clips and software) as well as Trip Member data are reserved by SafeTravels.
SafeTravels retains all rights, title and interest in and to the Services. Nothing the Travel Company do on or in relation to the Services will transfer any:
to the Travel Company.
The Travel Company acknowledges and agrees that the Trip Content the Travel Company post on the Services is owned and controlled by the Travel Company. The Travel Company grants SafeTravels a non-exclusive license to use the Trip Content for the purpose of running the Services.
The Travel Company may not, without the prior written permission of SafeTravels and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Trip Content of, or create a derivative work from the Services for any purpose. This prohibition does not extend to materials on the Services which are freely available for re-use or are in the public domain.
SafeTravel's Intellectual Property must not be used in connection with a product or service that is not affiliated with SafeTravels or in any way brings SafeTravels in disrepute.
SafeTravels has the right to include a reference to the Travel Company and its logo on the SafeTravels website, and in marketing literature, labeling, and in promotional materials, including any press releases relating to the Travel Company's use of the Services. However, the Travel Company may not include any references to SafeTravels, its logo, or issue any press releases regarding its use of the Services without the prior written consent of SafeTravels. Either party may re-publish information contained in a previously approved press release, including on a party's website or marketing materials.
The Travel Company's use of the Services is governed by SafeTravel's Privacy Policy.
Use of the Services is at the Travel Company's own risk. The Services are provided to the Travel Company "as is" and "as available" without warranty or condition of any kind. None of SafeTravel's affiliates or directors, officers, employees, agents, contributors, third party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with the Services, its use or the Trip Content. This includes (but is not restricted to) loss or damage the Travel Company might suffer as a result of any of the following:
SafeTravel's total liability to the Travel Company for loss, damage or reliance shall be limited to the re-supply of the information or Services or payment of the amount paid by the Travel Company for accessing the Services.
The Travel Company expressly understand and agree that SafeTravels and its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to the Travel Company for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the Travel Company, however caused and under any theory of liability. This shall include, but is not limited to, any personal, commercial, reputational or any other tangible or intangible loss (whether incurred directly or indirectly).
SafeTravels does not control and is not responsible for Trip Content that the Travel Company posted through the Services and is not responsible for any offensive, inappropriate, obscene or unlawful Trip Content the Travel Company may encounter on the Services. SafeTravels do not endorse the any of the Trip Content, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Trip Content posted on the Site or Services. It is the Travel Company's sole responsibility to ensure the accuracy of the data inputted.
By agreeing to receive access privileges to Trip Member data and Emergency Profiles the Travel Company acknowledges and agrees that such information may include information governed by the Privacy Act 1988 (Cth). SafeTravels is not liable for any loss the Travel Company may suffer as a result of or in consequence of that Travel Company being granted access to the Trip Member data and Emergency Profiles.
The Travel Company acknowledges that SafeTravels is not providing medical information or substituting the advice of health care professionals. All Trip Content is designed to supplement, and not replace, the advice of health care professionals.
Trip Member data and Emergency Profiles (including but not limited to the Trip Members' personal information, health information or sensitive information as defined under the Privacy Act 1988 (Cth)), may be transmitted to, stored in and retrieved from single or multiple computer servers located inside or outside of Australia. While SafeTravels exercises caution and discretion in selecting reputable servers and will make reasonable attempts to securely transfer data, the Travel Company agrees that SafeTravels will not be held liable at all for any loss the Travel Company or anyone else may suffer as a result of such data transmission, storage or retrieval or the failure of servers. The Travel Company acknowledges and agrees this is necessary for the purpose of providing Services to the Travel Company.
The Travel Company have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with the Travel Company's usage of the Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Services. The Travel Company must not assign or otherwise dispose of Travel Company account to any other person.
As a condition of the Travel Company's access to and use of the Services, the Travel Company agree to indemnify SafeTravels, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
This indemnification section survives the expiration of the Travel Company's registration, and applies to claims arising both before and after the registration ends.
If a dispute arises out of or relates to the Services, except where urgent interlocutory relief is sought, neither party may commence legal proceedings unless:
If the dispute remains unresolved within 30 days after notice has been given, the parties agree that a mediator will be appointed by the President of the Law Institute of Victoria or his/her nominee and the parties will bear the costs associated with the mediation equally. If the dispute is not resolved via mediation, either party may institute legal proceedings concerning the subject matter of the dispute.
During any mediation or other legal proceedings, both parties may be represented by a duly qualified legal practitioner.
The Travel Company Terms will continue to apply until terminated by expiry pursuant to a SafeTravels Service Agreement or as set out below.
A "zero balance" of Tour Credits does not mean that these Travel Company Terms are terminated. If the Travel Company wants to terminate the Travel Company's legal agreement with SafeTravels, the Travel Company may do so by terminating the Travel Company's Registration by using the "close my account" function within the Services.
The Travel Company's Registration may be automatically renewed at the end of each period unless the Travel Company cancels the Travel Company's Registration before the end of the current period. Where the Travel Company's Registration is renewed, the Travel Company authorises SafeTravels and its third party payment processors to charge the Travel Company's credit card for the fees associated with the Registration (if any) for the renewed period.
SafeTravels may terminate its legal agreement with the Travel Company at any time if:
Clauses relating to indemnification, warranty, and limitation of liability will survive termination for any reason whatsoever.
If we fail, at any time, to insist upon strict performance of the Travel Company's obligations under these Travel Company Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Travel Company Terms, this will not constitute a waiver of such rights or remedies and it will not relieve the Travel Company from compliance with the Travel Company's obligations.
If we waive a default, it does not constitute a waiver of any subsequent defaults.
SafeTravels shall be under no liability to the Travel Company in respect of anything that, if not for this provision, would or might constitute a breach of these Travel Company Terms, where this arises out of circumstances beyond our control, including but not limited to:
If any court decides that any of the provisions of these Travel Company Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining Travel Company Terms. The rest of these Travel Company Terms will continue to be valid.
These Travel Company Terms, and the documents expressly referred to in them, constitute the entire agreement between the Travel Company and SafeTravels, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.
SafeTravels each acknowledge that, in entering into these Travel Company Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Travel Company Terms.
The Services offered by SafeTravels are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Services, the Travel Company agree that these Travel Company Terms will be governed by the laws of Victoria, Australia and the exclusive venue for resolving any dispute shall be in the Courts of Victoria.
If any part of these Travel Company Terms is found to be invalid or unenforceable, it shall be severed to the extent possible without affecting the remainder.
SafeTravels reserve the right, in our discretion, to correct any errors or omissions in any part of the Services. SafeTravels may restrict access to parts or the entire Services at any time, including, but not limited to, Trip Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.
Any material on the Services may be out of date at any given time and we are under no obligation to update such material.
SafeTravels reserve the right, in our sole discretion, to change, modify, add or remove any part of these Travel Company Terms, in whole or in part, at any time. Notification of the changes to these Travel Company Terms will be posted on the Services and will be effective immediately, unless expressed otherwise.
It is the Travel Company's sole responsibility to periodically check these Travel Company Terms for any changes. If the Travel Company do not agree with any of the changes to these Travel Company Terms, it is the Travel Company's sole responsibility to deregister from the Services. The Travel Company's continued use of the Services will be deemed as the Travel Company's acceptance thereof.
SafeTravels may assign or sublicense any of our rights or obligations under these Travel Company Terms at any time, without obtaining the Travel Company's consent.
The Travel Company agrees that the Travel Company have had the opportunity to obtain independent legal advice for any provisions of these Travel Company Terms which the Travel Company do not fully understand.
SafeTravels Administration
10 Stonycroft St
Aspley Qld
Australia
Email: hello@safetravels.com
Last updated on: 13 July 2021