1 Introduction
1.1 Who we are
We are WeOz Pty Ltd, a company incorporated and registered in Victoria, Australia with company number ACN 644 679 238 (we, our, us, WeOz). We are the provider of the travel booking services offered on www.weoz.com.au and any subdomains, all related top-level domains, mobile sites, apps, APIs and widgets (WeOz Website), which enables you to search for, book or purchase the Travel Products provided by the Suppliers, access our customer support services for your booking requests, and use our payment services (WeOz Services).
1.2 Application of these Terms
(a) These Terms are general terms which govern our relationship with you. You must not use the WeOz Services unless you are 18 years of age or older and understand and accept these Terms.
(b) Our Privacy Policy, which sets out: (a) how we collect, use, disclose, and hold any personal information we collect from you, or that you provide to us; and (b) information about the use of cookies, will also apply to your use of the WeOz Services. By using the WeOz Services, you consent to such use and you warrant that all information provided by you is accurate.
(c) You also agree to abide by and use the WeOz Services in accordance with any notifications, instructions, additional terms and policies set out on the WeOz Website or provided by us to you from time to time.
1.3 Supplier’s terms
You acknowledge and agree that the Suppliers may impose their own terms and conditions in relation to their Travel Products (Product Terms). You must accept and agree to the relevant Product Terms prior to completing your booking. You may find the Product Terms via the relevant webpage for the Product on the WeOz Website.
1.4 Changes to these Terms and interpretation
We may revise these Terms at any time. If you disagree with the revised Terms, you may elect to not use the WeOz Services. Your continued access to or use of the WeOz Services will constitute acceptance of the revised Terms.
2 WeOz Services
2.1 Booking services
We provide the WeOz Services to enable you to book or purchase the Travel Products from relevant Suppliers which includes:
(a) reviewing, booking and purchasing experience tour products, entertainment tour products, food tour products, attractions and transportation services;
(b) reviewing and purchasing travel insurance packages;
(c) undertaking flight searches and purchasing flight tickets; and
(d) conducting hotel searches and making reservations.
2.2 Relationship between WeOz, you and the Suppliers
(a) Upon you paying fees for the Travel Products to a Supplier and the Supplier agreeing to providing the specific Travel Product, you and the Supplier will be deemed to have entered into a separate agreement for the chosen Travel Product, which shall comprise these Terms and such other terms agreed between you and the Supplier. You agree that you are solely responsible for enforcing any rights that you may have under such an agreement.
(b) It is acknowledged and agreed that:
(i) unless otherwise indicated on the WeOz Website, the Travel Product is provided to you by the Supplier and not WeOz;
(ii) the Supplier is responsible and liable for the provision of the Travel Product;
(iii) WeOz is not responsible or liable for, and has no input into or control over, the provision of the Travel Product;
(iv) WeOz is not responsible or liable for your use of, or reliance on, the Travel Product; and
(v) any payment made directly by you to the Supplier is subject to the Supplier’s Product Terms.
2.3 Availability of the WeOz Services
(a) To the maximum extent permitted by law, the WeOz Services are provided on an "as is" basis without any warranties of any kind. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the WeOz Services or that the WeOz Services will be secure, uninterrupted or free of defects.
(b) We will use our reasonable endeavours to ensure that the information about the Travel Products displayed on the WeOz Website is up to date and accurate but we cannot guarantee the reliability or accuracy of such content.
2.4 Gift cards
We provide gift cards and electronic vouchers which can be redeemed for the WeOz Services and the Travel Products available on the WeOz Website. Please see our detailed Gift Card Terms of Use via this link.
2.5 Redirection and third-party booking services
If you are redirected from our Service to a third-party booking service (such as for the food tour products) to make a booking, please bear in mind that any bookings made through such a booking service will be with the third party and not with us. We are not responsible for bookings made through third-party booking services and we have no liability to you in respect of such a booking. The terms and conditions of the third-party service provider will set out what rights you have against them and will explain their liability to you.
2.6 Computer viruses
(a) We will use reasonable endeavours to ensure that no part of the WeOz Services will contain or spread any viruses or other malicious code. However, we recommend that you ensure that computers and other devices used to access the WeOz Services run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the WeOz Services and regularly check for the presence of viruses and other malicious code.
(b) We will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the WeOz Services or to your downloading of any content from it, or from any website linked to it.
3 Your obligations
3.1 Registration
(a) You agree that you will provide truthful and accurate information in the online registration form.
(b) You may not register if you are already registered or if you were previously a registered user and we cancelled your account as a result of you being in breach of these Terms.
(c) You are responsible for maintaining the confidentiality of your account information and authorisation codes or links you will receive as part of your log-in process, and you are solely responsible for all activities that occur under your account and for any access to or use of the WeOz Services by you or any person or entity using your account, whether or not such access or use has been authorised by you.
(d) You must immediately notify us of any unauthorised use of your account or any other breach of security. We will not be liable for any loss or damage whatsoever resulting from any unauthorised use of your account or any other breach of security in accordance with these Terms or any other security instructions we provide via the WeOz Website.
(e) You are responsible for ensuring that the information we hold about you is up to date. Please update your online profile as appropriate from time to time or contact us if you require assistance.
(f) Please refer to our Privacy Policy for further explanation as to how we use the personal information we collect from you.
3.2 Your responsibilities
(a) You must have a valid passport (with at least 6 months validity) and a valid visa (if required by the destination country) when you plan to make any international travel bookings.
(b) You must ensure that you have provided correct information in relation to your bookings. Your name on your passport, visa and other travel documents must be identical. An incorrect name on a booking may result in an inability to use that booking, the booking being cancelled, and the application of additional administrative fees by us to correct your information.
(c) We recommend that you purchase travel insurances to cover your travel arrangements including but not limited to cover for cancellation, medical and repatriation expenses, personal injury and accident, death and loss of personal baggage and money and personal liability insurance.
(d) You may use the WeOz Services only for lawful purposes. In particular, but without limitation, you may not use the WeOz Services:
(i) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(ii) to send, or procure the sending of, any unsolicited or unauthorised electronic communication, advertising or promotional material or any other form of similar solicitation or spam; or
(iii) to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the WeOz Services or any computer software or hardware.
(e) You must:
(i) not copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute or attempt to do so, all or any portion of the WeOz Website or the WeOz Services in any form or media or by any means except as enabled and permitted by us as part of the WeOz Services;
(ii) not access all or any part of the WeOz Website or any WeOz Services in order to build product(s) or service(s) that compete with WeOz’s business;
(iii) not interfere with, damage or disrupt: (A) any part of the WeOz Services; (B) any equipment or network on which the WeOz Services are hosted or stored; (C) any software used in the provision of the WeOz Services; or (D) any equipment or network or software owned or used by any third party; and
(iv) not remove or alter any of our Intellectual Property Rights notices embedded in or accessible on our materials.
4 Payments
4.1 Pricing and currency variations
(a) The prices for the Travel Products are dynamic and can change at any time. Price change will not affect bookings already accepted except in cases of manifest errors.
(b) You may choose the displaying currency (e.g., VND, USD, THB, AUD or other available currency option on the WeOz Website) for the Travel Products however the transaction price will be converted to AUD at the exchange rate on the day of booking.
(c) You will bear the risk of currency fluctuations and you may be exposed to a higher price in AUD if you make payment after the day of booking.
4.2 Payment for the booking
By completing your booking, you must:
(a) pay the Service Fees payable to WeOz for the WeOz Services (which may be paid separately to us or included in the price of the relevant Travel Product);
(b) pay the prices of your chosen Travel Products as set out by the Suppliers via the WeOz Website;
(c) consent to WeOz supplying your payment information and personal information to those Suppliers for the purposes of supplying the Travel Products to you.
4.3 Payment verification
(a) You authorise WeOz to:
(i) charge all fees incurred to the credit card designated by you;
(ii) disclose your credit card details or other payment credentials to, and obtain information from, any financial institution or card issuer, payment provider to verify the credit card, payment credentials and identification details that you provide for the purposes of providing the WeOz Services to you and the Travel Products on the Supplier’s behalf; and
(iii) take steps to confirm that there is sufficient credit on your credit card account or other payment account to meet likely charges in relation to the WeOz Services and Travel Products;
(b) You authorise your credit card issuer, payment provider or financial institution to verify that your payment credentials (for example, your credit card and identification details) you have provided to WeOz are accurate in relation to your purchase of the WeOz Services and Travel Products.
(c) Before WeOz proceeds to process any booking or issues your travel documentation, various checks will take place to validate the integrity of your payment credentials, including any credit card or account information and in certain circumstances you will be required to submit verification documentation to substantiate identity.
(d) If your credit card or other payment option is not approved we will attempt to contact you. Where we cannot contact you and the ticket issuance period lapses (thereby making the booking invalid), we will cancel the booked arrangements. We accept no responsibility for any re-booking costs in these circumstances unless and to the extent the costs were directly caused by fault or negligence on our part.
(e) If payment is not received for your confirmed booking, you agree to pay WeOz all amounts due on demand.
4.4 Monies not held on trust
Where you have made payment directly to us, you agree and acknowledge that all monies paid by you to us will not be held by us on trust for and on behalf of you and we may hold such monies in any account as we see fit, including with our own and/or other customer monies. All monies paid by you to us will be the property of WeOz, but some of it might also be or become a debt due and payable by us to the Supplier, in accordance with the payment terms we have agreed with that Supplier (net of any form of remuneration to which we are entitled).
4.5 Financial arrangements
We may receive remuneration through commissions, financial incentives, fees, payments, or rebates from the Suppliers when you book or purchase a Travel Product through or via a link accessed on the WeOz Website.
5 Changes and cancellations
5.1 Cancellation or change by you
(a) You do not have an automatic right to cancel or change a booking unless allowed by the relevant Supplier under its Product Terms.
(b) The Supplier may charge you fees for cancelling (in full or partly) or changing a booking.
(c) We may also charge you an administration fee for the cancellation or change of your booking and we will notify you of the fee before you agree to proceed with the change or cancellation.
5.2 Other cancellation or change
(a) We (on behalf of the relevant Supplier) may cancel your booking if full payment for the booking is not received when due.
(b) For reasons outside of the Suppliers’ control, a booking may be cancelled or changed by the Supplier or us. We will make reasonable efforts to notify you as soon as possible. The Supplier may offer your alternative options, assistance or refund in accordance with the Product Terms.
5.3 Refund
Our Service Fees are not refundable. Any refund for the Travel Product will be made by the relevant Supplier. We do not have visibility of a Supplier’s refund process.
6 Intellectual Property Rights
You acknowledge that all Intellectual Property Rights in the WeOz Services and all materials provided by us as part of the WeOz Services and displayed on, or forming part of the content of, the WeOz Website including but not limited to texts, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips (together the WeOz Content) are (as between you and us) owned and controlled by or licensed exclusively to us. You may not copy, adapt, display, communicate to the public or otherwise use any WeOz Content except as enabled and permitted by us as part of the WeOz Services.
7 Limitation of liability
(a) To the maximum extent permitted by law and subject to clause 8, you acknowledge and agree that:
(i) it is a condition of accessing the WeOz Services that we shall not be liable for any harmful effect that accessing the WeOz Services may have on you, and you agree that you access and use the WeOz Services entirely at your own risk; and
(ii) we make no representations, warranties or guarantees of any kind in respect of the WeOz Services or any content available through the WeOz Services and all conditions, warranties and representations express or implied are hereby excluded to the full extent permitted by law.
(b) Without limitation to the generality of the foregoing and to the maximum extent permitted by law, whether in contract, tort (including, without limitation, negligence), breach of statutory duty, or otherwise:
(i) we will not be liable to you for any loss or damage arising under or in connection with:
(A) use of, or inability to use, the WeOz Services;
(B) use of, or inability to us, the Travel Products; or
(C) the acts or omissions of any Supplier;
(ii) we will have no liability to you for any indirect or consequential losses of any kind or for any loss of revenue, profit, business opportunity, contracts, data or goodwill (whether direct or indirect) arising out of or in connection with these Terms, the Travel Products and/or the WeOz Services; and
(iii) our total liability to you in respect of any and all loss and/or damage arising out of or in connection with these Terms, and/or the WeOz Services, will not exceed the fees paid to WeOz for your use of the WeOz Services.
(c) The liability of a party for loss or damage sustained by another will be reduced proportionately to the extent that such loss or damage has been caused by another party’s failure to comply with its obligations and responsibilities under these Terms and to the extent that the negligence or other wrongful act or omission of the other party has contributed to such loss or damage, regardless of whether a claim is made by the other party for breach of contract or for negligence or under an indemnity.
8 Australian Consumer Law
(a) If you are a ‘consumer’ within the meaning of the Australian Consumer Law (which is set out under Schedule 2 of the Competition and Consumer Act 2010 (Cth)), nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the WeOz Services and anything else supplied by WeOz under these Terms. If WeOz is entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability as set out below.
(b) You agree that WeOz’s liability for a failure to comply with a guarantee under the Australian Consumer Law in relation to any goods or services supplied under these Terms is limited to, at the option of WeOz, one or more of the following: (i) the supply of equivalent goods or services; or (ii) the payment of the cost of supplying the goods or services again.
9 Indemnity and release
9.1 Indemnity by you
To the extent permitted by law, you agree to indemnify, hold harmless and defend us from and against all third party claims, liabilities, damages, expenses and costs that we may suffer or incur as a result, whether directly or indirectly, of:
(a) any breach or alleged breach of these Terms or any other terms applicable to the WeOz Services by you;
(b) your access, use or misuse of the WeOz Services and/or the Travel Products;
(c) your failure to comply with applicable laws;
(d) the infringement by you or any third party using your account of any intellectual property, privacy, or other right of any person or entity; or
(e) your breach or alleged breach of any agreement between you and the relevant Supplier.
9.2 Our rights
We reserve the right to assume the exclusive defences and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims.
9.3 Dispute with a Supplier
If you have a dispute with a Supplier, you release us from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes unless such a dispute is caused by WeOz’s material and deliberate breach of these Terms.
10 Termination or suspension
(a) We may, in our sole discretion (acting reasonably), terminate or temporarily suspend your account (or any part thereof) or use of the WeOz Services without notice if you are in breach of these Terms or if we believe in our reasonable discretion that your use of the WeOz Services is unsuitable in any way.
(b) Clauses 4 (Fees and payment terms), 7 (Limitation of liability), and 9 (Indemnity and release) and any other terms which by their nature should continue to apply, will survive any termination of these Terms.
11 General
11.1 Assignment
(a) We may assign, subcontract, or otherwise transfer any or all of our rights and obligations under these Terms by providing you with reasonable notice.
(b) You may not assign, subcontract or otherwise transfer any of your rights or obligations under these Terms without our prior written consent.
11.2 Force majeure
Failure by us to perform any of our obligations under these Terms (or a delay in such performance) due to a Force Majeure Event, will not constitute a breach of these Terms. We will:
(a) promptly give you notice of the Force Majeure Event and an estimate of the non-performance and delay;
(b) take all reasonable steps to overcome the effects of the Force Majeure Event; and
(c) resume performance as soon as practicable after the Force Majeure Event no longer affects any party.
11.3 Governing law
You agree that these Terms are governed by the law of the State of Victoria, Australia and you consent to the courts of Victoria, Australia having exclusive jurisdiction over any disputes arising in respect of or in relation to these Terms and your use of the WeOz Services.
11.4 Legal relationship
We are engaged by you for the provision of the WeOz Services. No agency, partnership, joint venture, employee-employer or other similar relationship is created by these Terms.
11.5 Notice
Unless otherwise stated, any notices must be given by email to our email address as displayed on the WeOz Website or your email address as provided at registration. Any notice is deemed to be received 24 hours after the email is sent unless that email address is invalid or undeliverable.
11.6 Severance
If any provision or part of a provision of these Terms is held to be illegal, invalid, unenforceable or against public policy pursuant to a final adjudication by a court of competent jurisdiction, such provision will be deemed severed from these Terms and the remainder of these Terms will remain in full force and effect.
11.7 Waiver
A waiver of any right under these Terms is only effective if it is in writing and signed by the party granting it.
12 Definitions
Other than the terms which have been defined elsewhere in these Terms, capitalised terms have the following meanings:
Force Majeure Event means any unforeseeable event or occurrence which is beyond the reasonable control of the affected party, including strikes, failure of a utility service or transport or telecommunications or wireless network, natural disasters, acts of God, wars, terrorism, riots, civil commotion, malicious damage, pandemics, epidemics, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery;
Intellectual Property Rights means:
(a) all rights conferred by statute, common law or in equity and subsisting anywhere in the world in relation to:
(i) registered and unregistered copyright;
(ii) inventions (including patents, innovation patents and utility models);
(iii) registered and unregistered designs;
(iv) registered and unregistered trade marks; and
(v) circuit layout designs and rights in databases, whether or not any of these are registered, registrable or patentable;
(b) any licence or other similar right from a third party to use any of the above;
(c) any applications and the right to apply for registration of any of the above; and
(d) any rights of action against any third party in connection with the rights in paragraphs (a) to (c) above, including any right to claim (and retain) any damages and other remedies (including an account of profits) for infringement,
whether or not such rights are registered or capable of being registered, including those created before these Terms were accepted by you but excluding moral rights and similar personal rights which by law are non-assignable;
Privacy Policy means our privacy policy which is accessible through the WeOz Website;
Service Fees means the fees payable by you to WeOz for the WeOz Services.
Supplier means a third party that supplies a Travel Product;
Terms means these terms of service which may be updated by us from time to time; and
Travel Products means each of the products as set out in clause 2.1 and any other related products or services that are available for purchase via the WeOz Website from time to time.
