Marketplace Terms Of Use

Effective 1 July 2017, the Services (as defined below) will be provided to you by Travello Pty Ltd, the company currently providing the site to you. Travello Pty Ltd will also be the applicable data controller from 1 July 2017.

Introduction.

Welcome to Travello Marketplace at portal.travelloapp.com. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, mobile app and tools (collectively “Services”). You can also view our Policies. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with the full Terms of Use when accessing or using our Services. The Terms of Use set out below take effect from 1 July 2017.

The Services are currently provided to you Travello, also referred to below as “Travello”, “we”, “our” or “us”. Effective July 1, 2017, the Services will be provided to you by Travello Pty Ltd.

Your Account.

To access and use the Travello Deals Marketplace & other Service Offerings, you will need to register with us and set up an account with your email address and a password (your “Business Account”). The email address you register with will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that happen under your Account.

If you believe your Account has been compromised or misused, contact us immediately at Travello Customer Support.

Using Travello.

To use the Travello Deals Marketplace, you must be over 18 years old. You agree that you will post in the appropriate category or area of your business and you agree that you will not do any of the following bad things:

• violate any laws or the Posting Rules;
• post any threatening, abusive, defamatory, obscene or indecent material;
• be false or misleading;
• infringe any third-party right;
• distribute or send communications that contain spam, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm Travello, the Services or the interests or property of Travello users;
• impose an unreasonable load on our infrastructure or interfere with the proper working of the Services;
• copy, modify, or distribute any other person’s content without their consent;
• use any robot spider, scraper or other automated means to access the Services and collect content for any purpose without our express written permission;
• harvest or otherwise collect information about others, including email addresses, without their consent; and/or
• bypass measures used to prevent or restrict access to the Services.
• Post anything related to a competing business that has no affiliation to your business or pretend to pose and list a deal or service as another brand.

Abusing Travello Services.

Travello and the Travello community work together to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to Travello and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that Travello is not under any obligation to monitor any data or content which is submitted to or available on the Services.

Deals Marketplace.

The Travello Deals Marketplace allows businesses to submit deals to appear on the Travello Location Based Deals Feed. These deals can be targeted to an individual city or by country-wide level for nationally relevant deals. The benefit of this platform is of course that your business will be able to target your deals to appear on the Travello Deals Feed to only those travellers in a current location when they open the app, or also to appear on their feed if they have added that destination in as one of their up-coming trips.

One of the features of the Service includes the ability to post deals as a global listing. Global listings need to be requested directly to the Travello team first for approval. By selecting this service, you agree that your listings can be displayed on the deals feed of a user anywhere in the world where they are. The terms for listing your deal in other countries means that you need to take responsibility for the fact that these deals maybe subject to additional laws or other restrictions in the countries where your ad is posted, Travello is not responsible for providing you with guidelines for each country. We may remove your ad if we believe it causes problems or violates any law or policy, or if something specific has been raised by another user or regulatory authority in that country.

Deal Marketplace Fees and Charges.

Listing deals on Travello Marketplace is available on a casual listing fee on a Per Deal – Per Location – Per Week Basis. If you wish to have a deal run for say 24-48 hrs only, you can still select that time frame but you will still be changed the minimum weekly charge. The prices for these is subject to change based on country of business and direct negotiations with Travello. The Travello Deals Marketplace is also available on subscription model on 3 months, 6 months and 12 months plans. Travello also directly negotiates opportunities for integrated long term listing partnerships that include product integrations through APIs & Feeds. These partnerships are bespoke and can include a mix of subscription model or commission models as well. We’ll notify you of changes to our fees by posting the changes on portal.travelloapp.com and messaging current deal partners directly. We may also add new deal listing placement and creative opportunities which may attract new charges.

In order for a deal to be pushed live those deal ads need to be paid for in full in advance before being submitted for approval by Travello. If your payment method fails Travello can not push your deal live, it will sit as pending payment and approval.

Australian taxes associated with our Services will be collected where applicable.  You agree to provide accurate information necessary for Travello to comply with our obligations under applicable law.  You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on Travello’s Services.

Deal Marketplace Deal Listing Guidelines.

Deal Content Required:

In order to submit a deal we require the following:

• Deal Headline (examples are given in the portal)
• Deal Description
• Additional Deal Fine Print or Conditions
• Assign the deal to at least one of our deal product type categories
• The URL where you want users to claim the deal
• Select the currency
• Enter the Deal price & the normal RRP price.
• Add a cover image for the deal (you can add more images after the deal has been submitted
• Select the location
• Select the timings for the deal. You can select as little as one day only however you will still be charged the minimum weekly charge.
• Then proceed to either “Post Deal” (Pay & Submit) or Save and Add Another Deal.

The Deal Offer/Price:

In order for your deal listing to be approved it needs to be on sale, discounted, includes savings, special bundle/package or be a unique offer from what is the normal RRP or standard listing price. This is to ensure Travello Deals Marketplace does not just become a product listing catalogue, but rather a place to find discounted location based deals. We’d suggest a minimum of 10% off to have a higher chance of being approved. If you are on the casual plan your deals will be required to be purchased as you load them in. If you are on one our special partner packages this payment will be deducted first before you start adding deals into the portal.

Payment Process:

Travello uses the secure Stripe Payment Gateway and we will be accepting Visa & Mastercard initially, more options will be added over time and on request. More information about Stripe can be found here https://stripe.com/au/privacy .

Approval Process:

Once your deal has been paid for and submitted through the portal the Travello team will need to assess the deal before approving. If the deal has been approved the deal will be marked as approved in the View Deals tab of your account. If declined it will be marked as declined and an email will be sent with possible reasons as to why and suggestions on how to be approved. If the deal is declined and you do not wish to submit the deal again or any other deal we will issue a refund of your payment.

Travello App Content.

Travello’s Services contain content from us, you, and other users. Travello is protected by copyright laws and international treaties. Content displayed on or via the Services is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute the Services or modify content from the Services, our trademarks or copyrights without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of the Services (other than your own content). When you give us content, including pictures, you grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future, including third party sites and applications. You also waive all moral rights you have in the content to the fullest extent permitted by law. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Reporting Intellectual Property Infringements

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is contact Travello. Only the intellectual property rights owner can report potentially infringing items or listings through Travello.

Third Party services on Travello.

You may use the Stripe payment gateway for the financial transactions on our portal. You acknowledge and agree that by utilising any third party services through our Services (such as Stripe), you are bound by the terms and conditions of that third party and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services.

If you have a dispute with Stripe, a buyer, or a seller, that does not arise directly as a result of an error by Travello, in respect of any payment transacted (or failed to be transacted), you release us and our affiliates (and our officers, directors, agents, subsidiaries, joint ventures and employees and those of our affiliates) from any and all claims demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Legal and Financial Advice.

You acknowledge and agree that you have the opportunity to obtain independent legal and financial advice from appropriately qualified professional advisers and that you take into account your personal objectives, financial situation and needs before buying or selling an item via our Services.

Limitation of Liability.

Nothing in these Terms of Use (including this clause 12) excludes, restricts or modifies any rights or statutory guarantees that you may have under applicable laws that cannot be excluded, restricted or modified, including any such rights or statutory guarantees under the Australian Consumer Law. To the extent that these Terms of Use are found to exclude, restrict or modify any such rights or statutory guarantees, those rights and/or statutory guarantees prevail to the extent of the inconsistency.

Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. As most of the content on the Services comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and, to the extent permitted by law, we do not give any promises or warranties (whether express or implied) about the availability of our Services or that the Services will be uninterrupted or error-free. Notification functionality in the Services may not occur in real time. That functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network.  To the extent permitted by law, we are not liable for the posting of any unlawful, threatening, abusive, defamatory, obscene or indecent information, or material of any kind by a user of the Service which violates or infringes upon your rights, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, Travello’s liability to you for any failure by Travello to comply with any statutory guarantee under the Australian Consumer Law is limited to Travello supplying the Services again or paying you the cost of having the Services supplied again.

Travello excludes any liability to you for any loss or damage suffered by you as a result of Travello failing to comply with an applicable statutory guarantee under the Australian Consumer Law if you suffer such loss or damage was not reasonably foreseeable and was not directly caused by Travello.

Indemnification.

You will indemnify and hold harmless Travello and our affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

Release.

If you have a dispute with one or more Travello users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Personal Information.

By using the Services, you agree to the collection, transfer, storage and use of your personal information by us (the “data controller”) on servers located in the United States as further described in our privacy policy.

Severability.

If a provision of these Terms of Use is illegal or unenforceable in any relevant jurisdiction, it may be severed for the purposes of that jurisdiction without affecting the enforceability of the other provisions of these Terms of Use.

General.

These Terms of Use and the other policies posted on the Services set out the entire agreement between Travello and you, overriding any prior agreements. From 1 July 2017, this agreement is governed by the laws of Queensland, Australia. We both submit to the non-exclusive jurisdiction of the courts of Queensland, Australia. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these Terms of Use, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices about illegal or infringing content, your notices to us must be sent by registered mail to:

Travello Pty Ltd

P.O. Box 10728, Brisbane, Q 4000.  Australia

We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing.

We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by you and by us.

Send questions, comments or complaints to Travello Customer Support at support@travelloapp.com.

Mobile Devices Terms.

If you’re accessing Travello Services from a mobile device using the Travello Mobile Application (the “Application”), the following terms and conditions (“Mobile Devices Terms”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be. Your use of the Application confirms your agreement to these Mobile Devices Terms.

Application Use.

Travello grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the portal.travelloapp.com website.  Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that result from the download or use of the Application.

Intellectual Property – Applications.

Travello owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter Travello’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any Travello Application.

Prohibited Countries Policy and Foreign Trade Regulation – Applications.

When using a Travello Application, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties).

Additional Terms.

Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

1. These Mobile Devices Terms are an agreement between you and Travello, and not with Apple. Apple is not responsible for the Application and the content thereof.
2. Travello grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
4. Apple is not responsible for the investigation, defence, settlement, and discharge of any third party intellectual property infringement claim.
5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
7. Apple and Apple’s subsidiaries are third party beneficiaries of these Mobile Devices Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Devices Terms against you.

Windows – Microsoft

1. These Mobile Devices Terms are an agreement between you and Travello, not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Mobile Devices Terms cannot change.
6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.

Last Modified: August 2017.