General Service Terms
Overview
- (a) Thank you for using Voyak®. Our online platform located at www.voyak.com.au ("Site") is owned and operated by Voyak®AFS Australia (ABN 90 184 842 780) ("we", "us", "our"). Please read these terms and conditions ("Terms") carefully as they form an agreement between you and us ("Agreement"). By using the Site, you agree with and accept the Terms in this Agreement.
- This Agreement and all policies and guidelines related to the Service, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 ("Australian Consumer Law"), form the entire agreement between you and us. If you do not accept any Terms of the Agreement, you may cease to use the Site immediately.
- We reserve the right to amend the Terms at any time, and by continuing to use the Site, you accept the Terms as they apply from time to time.
Scope of Our Services
- Our platform is a digital marketplace that connects you with accommodation providers and their services ("Providers, also known as AP's"). Collectively referred as "Users".
- We do not own, create, sell, resell, provide, control, manage, deliver or supply any Provider's Service on the Site. We are not acting as an agent in any capacity for any User.
Registration and Access to Service
- By accessing the Site and using our Service as a User, you agree and acknowledge that:
- we have no control of the conduct of our Users and your interactions with other Users (whether in person or online) and your obtaining of any Provider's Service as a Customer is at your own risk;
- we are not obliged to confirm the identity of the Site users, including our Members, but may,take steps to ensure Customer and Provider details are accurate
- we do not guarantee the existence, availability, suitability, legality or safety of any Provider's Service;
- you are responsible for maintaining the confidentiality of your Registration Information at all times;
- your access to and use of the Site is non-transferable;
- we may deny anyone access to an Account, our Service or the Site at any time where you have breached any provision of this Agreement or our Privacy Policy; and
- we reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Registered Users through the Application ("User Content") and we do not control the accuracy of User Content.
- By registering for an Account, you agree that we may send you text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving SMS messages from us by contacting us and you acknowledge that opting out of receiving SMS messages may impact your use of our Service.
- By accessing the Site and using our Service as a User, you agree and acknowledge that:
Use of Site
- By accessing the Site, you shall:
- use the Site for lawful purposes only;
- not commit any act or engage in any practice that:
- is harmful to our systems, reputation or goodwill; or
- interferes with the integrity of the Site, including, but not limited to, by hacking, transmitting any viruses, spyware, malware or any other code of a destructive or disruptive nature;
- not create Accounts with us through unauthorised means, including by using an automated device, script, bot or other similar means;
- not restrict, or attempt to restrict, another user from using the Site;
- not encourage or facilitate violations of the Terms;
- not distribute or send communications that contain spam, chain letters, or pyramid schemes;
- not harvest or otherwise collect information about others, including Registration Information, without their consent;
- not bypass measures used to prevent or restrict access to our Service;
- not interfere with the privacy of, harass, intimidate, act violently or inappropriate towards or be discriminatory against another Site user; and
- not infringe any intellectual property rights or any other contractual or proprietary rights of another person.
- By accessing the Site, you shall:
User Content
- You grant us a royalty free, worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sub-licensable license to use, reproduce, modify, copy and store your User Content for our business or commercial purposes.
- The views expressed in any User Content are the views of users and not those of us unless specified otherwise. We are not responsible for and disclaim all liability in respect of any comments, views or remarks expressed in any User Content. We encourage you to report problems, offensive content, comments and malicious use of the Site to support@voyak.com.au or call us on 07 3726 5090.
Intellectual Property Rights
- In these Terms, "Intellectual Property (Rights)" means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.
- We own or are the licensee of all rights, title and interest (including Intellectual Property Rights) in the Site or to the material (including all text information and content, graphics, logos, type forms and software) made available to you on the Site (collectively, "Site Content"). Your use and access of the Site does not grant or transfer any rights, title or interest to you in relation to the Site Content.
- You may view the Site using a web browser or mobile device, and electronically copy and print hardcopy the Site Content solely for your personal, non-commercial use.
- You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, reverse engineer, create derivative works from, transfer, or sell any Site Content or any other material in whatever form contained within the Site unless expressly stated otherwise in these Terms.
Third Party Links
- The Site may contain links and other pointers to Internet websites or applications operated by third parties. We do not control these linked websites and are not responsible for the contents of any linked website. Your access to any such website is entirely at your own risk. You should contact the relevant third-party directly to enquire as to the accuracy of any information found on the linked websites prior to entering into a transaction in relation to the third-party products and services.
Disclaimer
- To the fullest extent permitted by law, you agree and acknowledge that:
- our Service is provided "as is" and "as available" and the entire risk arising out of your use of our Service remains solely with you;
- we do not control, endorse and are not responsible for any User Content;
- we retain complete control over the Site and may alter, amend or cease the operation of the Site in our sole discretion;
- we make no warranty or representation that any result or objective can or will be achieved or attained by accessing the Site;
- we make no warranty or representation that the Site will be fit for purpose, continuous, uninterrupted, accurate, fault-free, virus-free, secure or accessible at all times; and
- we may remove any content, material and/or information, including any User Content, without giving any explanation or justification for removing the material and/or information.
- To the fullest extent permitted by law, you agree and acknowledge that:
Exclusion and Limitation of Liability
- To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
- your use or inability to use the Site;
- your use of Provider Services;
- the User Content;
- any interactions between Users
- the conduct of other Users
- any User breaching or failing to comply with any applicable laws;
- any User breaching or failing to comply with any applicable Provider terms and conditions; and
- unauthorized creation, access or use of your personal information, Member Account or your User Content, even if we have been advised of the possibility of such loss.
- To the fullest extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those set out in these Terms.
- Pursuant to s64A of Schedule 2 of the Australian Consumer Law, this clause 12(c) applies in respect of services that are not of a kind ordinarily acquired for personal, domestic or household use or consumption. Our liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by s51 to s53 of the Australian Consumer Law) is limited at our option to:
- the re-supply of the services or products; or
- the payment of the direct cost of having the services or products resupplied.
- The "Platform" carries Public Liability and Cyber Security Insurance; however, the insurance does not guarantee that you may receive any financial compensation for any direct or indirect loss through your use of the site or through the actions of any Users.
- To the fullest extent permitted by law, we are not liable to you or to anyone else for any direct or indirect loss or damage, including consequential loss, loss of data, reputation, goodwill and opportunity, arising out of or in connection with:
Privacy
- We will collect, use and disclose any personal information you provide us when accessing using the Site in accordance with our Privacy Policy. For more information on our information collection and handling practices, please view our Privacy Policy.
Indemnity
- You agree to indemnify us for all losses, damages, liabilities, claims and expenses (including reasonable legal costs) incurred by us arising out of or in connection with your use of the Site, User Content, your breach of the Terms or any rights of third parties, except to the extent we directly caused or contributed to the loss, damage, liability, claim or expense.
- We reserve the right, at our own expense, to assume the exclusive control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
Termination
- We reserve the right to:
- cease operating the Site, without notice and for any reason; or
- terminate our relationship with you without notice and with immediate effect if you, in any way, breach the Terms;
- If one of the events described in clause 14(a) occurs, then:
- you will not have any access to the Site or your Account;
- you remain obligated to complete any outstanding payment for any Fees incurred before the relevant event occurred; and
- we will not be liable for any costs, losses or damages arising as a result of terminating your access to the Site.
- We reserve the right to:
No Waiver
- waiver of rights under these Terms shall constitute a subsequent waiver of this or any other right under this agreement. Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Severability
- If any provision of our Terms is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid and will not affect the enforceability or validity of the remaining provisions.
Law and Jurisdiction
- These Terms are governed by and construed in accordance with the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of the Courts of Victoria and Courts of Appeal from them for determining any dispute concerning these Terms.
Feedback and Contact Details
Your feedback is important to us and our community. We welcome and encourage you to provide feedback, reviews, comments and suggestions for improvements to the Site and our Service ("Feedback"). You may submit Feedback by contacting us at support@voyak.com.au or phone us on 07 3726 5090
© 2023. ALL RIGHTS RESERVED Voyak® AFS Australia. Terms last updated 22-March-2023
Service Terms for Accommodation Providers
Overview
- Thank you for using Voyak®. We provide a range of services, including connecting you to Guests who are seeking accommodations to stay in across Australia (collectively, "Services").
- Our online platform located at www.voyak.com.au ("Site") is owned and operated by Voyak® AFS (ABN 90 184 842 780) ("we", "us", "our"). Please read these terms and conditions ("Terms") carefully as they are binding between Site users and us ("Agreement"). By using the Site, you agree with and accept the Terms in this Agreement.
- This Agreement and all policies and guidelines related to the Service, together with the Australian Consumer Law contained within Schedule 2 to the Competition and Consumer Act 2010 ("Australian Consumer Law"), form the entire agreement between you and us. If you do not accept any Terms of the Agreement, you cannot use the Services provided by
- We reserve the right to amend the Terms at any time, and by continuing to use the Site, you accept the Terms as they apply from time to time.
- These "terms" exist between you and us.
Scope of Our Services
- Our platform is a digital marketplace that enables Guests seek accommodations which offer direct booking deals ("Customers") with you who offer such deals (You as the Owner / Operator of an accommodation) who offer those services("Accommodation Providers or AP's"), (collectively referred to as "Users").
- We act as an intermediary between Users and our role includes facilitating access to the Site and products or services offered by AP's ("Provider's Service") on the Site.
- Please note: Voyak® is built on the foundations of doing business ethically, so we have designed our systems as to avoid disputes; however, we don't operate in a perfect world; therefore, some disputes can arise and if they do, then we are here to resolve them.
- We do not own, create, sell, resell, provide, control, manage, deliver or supply any Provider's Service on the Site. When the customer makes a booking to use the Provider's Service on the Site ("Booking"), the customer is directly entering into a binding contract with the Provider. We do not become a party to or participant in any contractual relationship between Users. We are not acting as an agent in any capacity for any User, except as specified in the Payment Terms in accordance with clause 6.
Registration and Access to Service
- To obtain access to our Service, you must register for an account with us ("Account") and accept these Terms and our Privacy Policy which forms a contractual relationship between you and us.
- To use our Service, you must provide us with current, complete and accurate identification, and other information (some of which is not mandatory) including, but not limited to, your name, phone number, a valid email address, and password ("Registration Information").
- If your Registration Information changes, you must promptly update your Account to reflect those changes.
- By accessing the Site and using our Service as a User, you agree and acknowledge that:
- we have no control of the conduct of our Users and your interactions with other Users (whether in person or online).
- we are not obliged to confirm the identity of the Site users, including our Members, but may, at our discretion, take reasonable steps to ensure Customer details are accurate
- you are responsible for maintaining the confidentiality of your Registration Information at all times;
- your access to and use of the Site is non-transferable;
- we may deny anyone access to an Account, our Service or the Site at any time where you have breached any provision of this Agreement or our Privacy Policy; and
- we reserve the right, but are not obliged, to monitor, review, verify, edit, modify or delete material, content, data or information created, generated or transmitted by Registered Users through the Application ("User Content") and we do not control the accuracy of User Content.
- By registering for an Account, you agree that we may send you text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving SMS messages from us by contacting us and you acknowledge that opting out of receiving SMS messages may impact your use of our Service.
Payment Terms
- We charge a flat monthly subscription fee for advertising your property. The subscription fee is to be paid when an invoice is issued reasonably within 7 days of the invoice issue.
Accommodation Description
- False or misleading descriptions of Accommodations is not tolerated on Voyak®.
- Only true and correct Room and Accommodation Descriptions shall be uploaded on the Platform.
- If, we through "Ratings and Reviews" or directly through "Guests" receive information that the accommodation descriptions are different to that "Booked" for more than 3 times, we under these "Terms" will investigate and may terminate your account on premise of providing false information.