Terms and Conditions 

TERMS AND CONDITIONS

LAST UPDATED ON 10TH JULY 2021

TABLE OF CONTENTS

1 INTRODUCTION 1

2 DEFINITIONS 2

3 OUR SERVICES 3

4 MODE OF OPERATION 3

5 INTERPRETATION 4

6 MODIFICATIONS TO THE SERVICE 5

7 ELIGIBILITY 5

8 USER ACCOUNTS 7

9 LIMITED GUARANTEE 8

10 GEOGRAPHIC RESTRICTION 8

11 COPYRIGHT/INTELLECTUAL PROPERTY 9

12 GUESTS SPECIFIC TERMS AND CONDITIONS 10

13 USER RESPONSIBILITY 10

14 PAYMENT TERMS 12

15 CONFIRMATION OF BOOKING 13

16 NATURE OF INTERACTION BETWEEN PARTIES 15

17 OPINIONS OF USERS 16

18 DO’S AND DON’T’S FOR THE GUEST, DRIVER, OR USER 16

19 EXCLUSION OF LIABILITY 18

20 NO RESPONSIBILITY 18

21 SPAM POLICY 19

22 THIRD-PARTY LINKS 19

 

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23 PERSONAL INFORMATION AND PRIVACY POLICY 19

24 ERRORS, INACCURACIES, AND OMISSIONS 19

25 DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 20

26 INDEMNITY 21

27 OTHERS 21-23

 

INTRODUCTION

Travvy (“Mobile Application”) welcomes you.

We offer you access to our services through our “Mobile Application” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. By accessing and using this, you acknowledge that you have read, understood, and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Mobile Application.

DEFINITIONS

“Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Mobile Application;

“User”, “You” and “your” refers to the person who is accessing or taking any service from us.

“We”, “us”, “our” are references to Lyftbuddy Pty Ltd;

“Mobile Application” shall mean and include "Travvy", and any successor Mobile Application or any of its affiliates;

"User Account” shall mean an electronic account opened for the user for availing various services offered on the Mobile Application;

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“Fare” refers to the amount paid by the Guest to the Driver for booking a seat. It includes a convenience fee.

“Guest/rider” refers to a user who uses the services to book a seat through the Platform

“Driver” means a user who uses the services to list their vehicle through the Platform and offers seats to the Guest.

“Service” refers to the facilitation of booking through the Platform and collecting payment from the Guest on behalf of the Driver.

OUR SERVICES

Travvy is a carpooling application accessible on Android and IOS mobile operating systems. It serves the need of those who have a common destination or passengers who are heading in the same direction as the Driver. This Platform connects the Drivers and Guests, therefore facilitating ride/journey/trip cost-sharing among them.

MODE OF OPERATION

1.1 The Platform allows Guests to connect to Drivers who have vacant seats to offer in their car and are traveling to the same destination or in the same direction. A user can either offer a ride or find a ride through the app. To offer a ride, the user must be registered on the app as a Driver.

1.2 The Driver posts their trip details on the app: “from” and “destination”, the number of seats they are offering. The app displays the cost of each seat offered.

1.3 The rider logs in to the app and puts in their “from” and “destination” address, number of seats needed, time, and Date of the trip. Drivers relevant to the search will appear. The rider must select a driver from the list; The rider can see the ride cost and the Driver’s name. After that, a request is sent to the Driver for accepting/rejecting the rider as their passenger.

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1.4 Once the Driver approves the request, the rider can see the ride details in the “your rides” section of the app. The ride details include Driver’s name, mobile number, vehicle license plate number, ride cost, time, pick up, and drop location.

1.5 When the Driver approves the request, the Driver can view ride details like whether the ride payment is pending or done, rider’s name and mobile number, distance, estimated time, and pickup ride button.

1.6 The rider will be asked to pay the ride cost, and the rider must pay the ride cost before the ride starts or the ride will be canceled. The rider can pay through their credit card.

1.7 After the payment is made, the “payment pending” changes to “payment is done.”

1.8 The Platform makes no warranties concerning the accessibility, performance, or reliability of the Platform at any time. As far as permitted under law, Platform and its services are provided without any warranty.

1.9 The Platform shall procure reasonable efforts to bring you into contact with a Driver. It depends on Driver availability around the location at the moment of your request for such services

INTERPRETATION

All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation.

Words importing any gender shall include all the other genders. 

Reference to any statute, ordinance, or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments, or replacements for the time being in force.

All headings, bold typing, and italics (if any) have been

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inserted for convenience of reference only and do not define limit, or affect the meaning or interpretation of the terms of this Agreement.

 

MODIFICATIONS TO THE SERVICE

We reserve the right, at our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by posting a revised version of the Terms incorporating the changes to our Mobile Application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

ELIGIBILITY

Users should be a minimum of 18 years old for signing up and creating a user account on the Platform. Users below 18 years shall strictly not sign-up on the Platform. While signing up, you must admit and warrant that you are 18 years and above.

As a Driver:

You must be over 18 years old and legally able to enter contracts;

You must have a valid driver’s license, that permit the holder to drive in Australia

You must hold an appropriate license or valid permission to accept passengers in your vehicle, where applicable.

You should have a reasonable experience in driving and meet other driving criteria as the Platform may decide at its sole discretion

You understand and agree that you shall only use the vehicle that you have registered with the Platform.

To register your vehicle, you need to access the app’s profile section and select “enter car details.”

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You must try to keep your vehicle always in an operable manner and in comply with safety norms as decided by law from time to time.

Holders of P License shall not register as Driver on the Platform

You must arrange and maintain appropriate insurance coverage that cover your obligations as a Driver and to insure against any loss or damage, howsoever caused, suffered by a Passenger, yourself, or any third party;

While registering as a Driver, you must not be under any conviction or a pending case for any infringement under the Road Traffic Act 1974 (WA), or the other State laws,

You haven’t been convicted or a pending prosecution for any kind of criminal offense

You must have an Australian bank account;

You will be accepted as a Driver by the Platform in its sole discretion. 

As a Driver, you may be subject to screening at regular intervals by the Platform. You agree to pay any screening fees which applies to such screening process.

As a Driver, you are solely responsible for any trip that you undertake through the Platform. You are liable and accountable for your actions and omissions in the vehicle during the trip.

You warrant and represent that all the information provided by you is true and is not misleading or incorrect, or incomplete.

Any trip you undertake shall be adhering to local and federal laws of Australia as applicable.

As a Driver, you agree and understand that the Platform is a non-profit making venture. The fare which the Guest pay is minimum, which covers the elementary costs of the trip like the fuel, the maintenance cost of the vehicle, and other essential costs.

The Driver understands and agrees that they do not intend to undertake the

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journey for commercial purposes and do not seek to make profits out of such trips

The costs you receive from the Guests include variable costs and the amount paid by the Guests does not exceed such variable costs.

The Driver is not involved in any taxi service or any other commercial transportation service

The Driver understands and agrees that Platform is not an insurer or a party to the Agreement between the Driver and the Guest. The Platform role is limited, bringing drivers and Guests together vis-a-vis the Platform and act as a collection agent on behalf of the Driver.

The Driver must ensure that the vehicle, which is registered with the Platform, is insured at all times. Please read your insurance policy carefully to ensure that the policy covers such situations wherein your vehicle is used for a trip booked through the Platform.

As a user:

Must be 18 years and above

Should have a valid credit card

Should agree to requests for background checks if the Platform requires to do so.

USER ACCOUNTS

For start using our Service, you must register with Travvy Mobile application to create new user account. You must provide us with certain personal information like legal name, email, Date of birth, and contact number, for this purpose. You must provide and accurate, complete, and current information in your user account. If you are not able to keep updated information with us, it may lead to your inability to access the Platform

Lyftbuddy Pty Ltd may set up a system for verification of some of the Information provided by you while signing up. This is done to ensure transparency, improving trust, or prevention or detection of fraud.By

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setting up a user account, you give us permission to obtain and review your credit reports and to conduct a background check, which may include a criminal background check.

You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

You may not allow third-parties to use your account.

 

LIMITED GUARANTEE

By this Mobile Application:

• We provide an opportunity for you to avail of the offered services from our Mobile Application.

• We do not provide any warranty or guarantee that the service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Mobile Application is not as described, your sole remedy is to intimate us about Services for taking further action. 

GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Mobile Application is invalid where banned.

COPYRIGHT/INTELLECTUAL PROPERTY

The Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to  

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as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Mobile Application or in a networked computer environment for any purpose is expressly prohibited. The Platform, its Content, and all its related rights shall remain the exclusive property of Lyftbuddy Pty Ltd or its licensors unless otherwise expressly agreed.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Mobile Application automatically terminates and you must immediately destroy any copies you have made of the Content.

Unless otherwise expressly stated, all Content featured on the Website and App is the property of Lyftbuddy Pty Ltd and is protected by Australian and international trade restrictions, copyright, trademark, moral rights, and other laws relating to intellectual property rights. Nothing on the Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.

GUESTS SPECIFIC TERMS AND CONDITIONS

We only collect information, including personal information from the user where it is necessary for providing Service, i.e., facilitating the booking. Except for Information submitted by the user during Sign-up and availing of Service offered through our app (“Permitted

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Information”), we don’t solicit information from the user in any other scenario. Lyftbuddy Pty Ltd does not want You to, and You should not send any confidential or proprietary information to Lyftbuddy Pty Ltd unless otherwise is required by Applicable Laws. In accepting these User Terms, You agree that any information or materials that You or individuals acting on Your behalf provide to the Platform other than the Permitted Information will not be considered confidential or proprietary.

We allow you to open only one Account in association with the Sign-up Data provided by you. In case of any unauthorized use of Your Account, please immediately contact us.

USER RESPONSIBILITY

By using the Platform or the Service, You further agree that:

You will only use the Service or download the Platform for Your sole, personal use and will not resell or assign it to a third party;

You will not use an account that is subject to any rights of a person other than You without appropriate authorization;

You will not use the Service or Site for unlawful purposes;

You will not try to harm the Service, Site, or our network in any way whatsoever;

You will provide Platform with such information and documents which Platform may reasonably request;

You will only use an authorized network to avail of the Service;

You will not interfere with or try to interrupt the proper operation of the Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Mobile Application through hacking, password or data mining, or any other means;

You will not cover, obscure, block, or in any way interfere with any

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advertisements and/or safety features (e.g., report abuse button) on the Mobile Application;

You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.

You agree to comply with all applicable domestic laws, statutes, ordinances, and regulations regarding your use of our Mobile Application. We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate, including but not limited to canceling your user account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties

We reserve the right, in our sole and absolute discretion, to deny you access to the Mobile Application or any service, or any portion of the Mobile Application or service, without notice, and to remove any content.

Platform or an authorized representative of Platform shall provide information regarding services, discounts, and promotions provided by Platform to You by way of a text message or email to your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point in time. To discontinue receiving such information, you may, at any point in time, visit the specific link provided in the Platform to discontinue the same.

The Mobile Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.

PAYMENT TERMS

For using the Platform as a Driver for Trips booked and completed on the Platform, you grant Platform the right to collect a certain amount in your name and on your behalf.

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The fare calculated and paid by the Guest for a particular trip is based on the minimum cents per km. Such price includes only the essential component of a journey: the fuel cost, vehicle maintenance cost, and related expenses. Other journey expenses that may consist of toll fees, parking fees, fines are Driver’s liability.

The Guest can make the payment on the Platform through stripe payment services.

You confirm that the Stripe account or the payment system that you select vis-à-vis your Stripe account used is yours. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorize payment to us, we will not be liable to You for any delay.

The user must add his bank details to pay or receive payment, as the case may be when using the app services. Bank details include details such as:

Name, Date of birth, email id, phone number, address, account number, Card number, identity proof document, and address proof document.

While stripe verifies the information that the user submits, the Platform doesn’t represent that the stripe verification validates the identity of the user.

 

CONFIRMATION OF BOOKING

The following information about the Guest shall be shared with the Driver before the Driver can accept the request:

The first and last name of the Guest who has requested a ride

The Guest’s pickup and destination

The ride date and time

The cost that the Guest has to pay

Approx ride time

Ride distance

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Accept/Reject the request

After booking confirmation, the Platform will display to the Driver the shortest route to the Guest pickup point. The route is displayed on Google Maps. Also, the Trip route will be exhibited to all Guests of a particular trip.

The Platform has a limited role, which is collecting payment from the Guests and remitting it to the Driver.

The Driver agrees and understands that the payment made to the Platform by the Guest shall be considered as a payment directly made to the Driver, and such payment shall be construed as payment already received by the Driver. Consequently, the Driver shall provide the Service to the Guest in consonance with the booking terms stated in these Terms and conditions.

The Platform collects, on behalf of the Driver, the payment made by guests. The Driver understands that Platform has a limited role, which is collecting payments on the Driver’s behalf. If the Guests fail to make payments, Platform is not liable for the amount due to the Driver, which has not been paid by the Guest. The Platform is not responsible for the Guest’s actions or omissions.

Driver must have their bank account details registered with the Platform. The Platform transfers the amount due to the Driver into the Driver’s bank account.

The Platform will transfer the amount collected from the Guests to the Driver. The Driver will receive the amount in their bank account.

The Guest understands that the Platform is not a party to the Agreement entered into between the Guest and Driver. The Platform has a limited function of connecting Guests and Drivers and collects payments from the Guest on behalf of the Driver.

The Guest shall pay the fare, and Convenience Fee for the Service, which is determined and amended at the sole and absolute discretion of Platform. The Convenience Fee is up to 25% of the fare.

You agree to pay to the Platform according to the terms mentioned herein. You

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authorize the third-party payment service provider on the Platform to charge your credit card or other payment systems as provided by you during the registration on the Platform.

The Platform is not responsible for any fees charged by the bank or third-party payment service provider as processing fees while transacting on the Platform. Users, please click here to know more about fees.

Stripe may charge on the transfers made to the driver by Travvy.

The Guest is not liable to pay the Driver any amount once the Guest has paid the Platform fare, convenience fee, and any other charges as applicable.

NATURE OF INTERACTION BETWEEN PARTIES

The information, recommendations, and/or Services provided to you on or through the Platform are for general information purposes only and do not constitute advice. The Platform will reasonably keep the Platform and its contents correct and updated but does not guarantee that (the contents of) the Platform is free of errors, defects, malware, and viruses or that the Platform is correct, up to date, and accurate.

The Platform shall not be liable for any damages resulting from the use of or inability to use the Platform, including damages caused by the wrong usage of the Platform, network issues, malware, viruses, or any incorrectness or incompleteness of the Information or the or Platform.

If any user is accessing/using the Platform, the respective user is doing it at its sole risk. The Platform is not under any obligation to verify or do a background check of the Guests or the Driver. However, the Platform may perform a background check at its sole discretion.

If you bring any legal claim against any user of the Platform or Third-party for any loss or damage caused to you, then such a claim shall be limited to the particular user or third-party, and Platform shall not be a party to such claim except when Permitted under law. Loss or damage includes scenarios wherein loss is caused to you or your vehicle or a third party during a trip. In the above scenario, you agree not to initiate a claim against the Platform except when permitted under law.

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You understand and agree that you shall provide us accurate information about yourself when registering as a Guest or Driver on the Platform. we do not warrant or guarantee that any information you or other users provide, trip-related, or while registering on the Platform, is accurate or correct.

The Platform does not verify any user content or assess any vehicle registered with the Platform.

Driver(s) are not employees, agents, or provide services to the Platform. Nothing in these Terms will constitute any trust, joint venture, partnership, agency or arrangement between any Driver(s) and Platform

If any user, Guest, or Driver contravenes any of the terms mentioned herein, their respective account shall be immediately suspended. The decision to suspend the account shall be at the sole discretion of the Platform.

OPINIONS OF USERS

Users of the Platform can post their reviews on the Platform regarding their trip experience. The Platform encourages users’ leave candid reviews about their particular trip experience. The user concerning whom the review has been posted can reply to this review.

DO’S AND DON’T’S FOR THE GUEST, DRIVER, OR USER

You will adhere to the booking terms and provide services strictly according to the booking terms

You shall not use the Platform for any fraudulent or illegal purposes or offer services by misrepresenting your identity

You shall only use the vehicle to provide services through the Platform which is registered with the Platform

You shall not use the Platform to identify the guests and then undertake a trip independent of the Platform in a bid to avoid paying service fees to the Platform

Create a false booking request or create a booking request which you do not intend to undertake

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Provide inaccurate or false reviews about any user

Allow any other person to use your account with the Platform

Guests should behave properly and ensure that they do not cause any damage to the vehicle in which they undertake the trip.

Guests should ensure that they are at the pickup point at the scheduled time

Drivers should not use mobile phones while driving or if the mobile phone is used for navigation during the trip:

The phone is secured in a commercially designed and manufactured fixed mounting

The phone must be kept in vehicle where it does not distract the Driver from his view of the road or obstructs his view of the road

The Driver must not drive under a state of intoxication or the influence of the psychotropic substance

The Driver and the Guest shall be courteous to each other and behave in a civil manner

EXCLUSION OF LIABILITY

WE ACCEPT NO RESPONSIBILITY FOR DELAYS/ERRORS DUE TO CIRCUMSTANCES OUTSIDE OF OUR RULING (FORCE MAJEURE). THESE CIRCUMSTANCES CAN BE, FOR EXAMPLE, LABOR CONFLICT, FIRE, WAR, GOVERNMENT DECISIONS, REDUCED OR NON-DELIVERY FROM THE OTHER USER.

YOU UNDERSTAND AND AGREE THAT WE (A) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, VALIDITY, OR TIMELINESS OF INFORMATION LISTED BY US OR ANY THIRD PARTIES; AND (B) SHALL NOT BE RESPONSIBLE FOR ANY MATERIALS POSTED BY US OR ANY THIRD PARTY. YOU SHALL USE YOUR JUDGMENT, CAUTION, AND COMMON SENSE IN EVALUATING ANY PROSPECTIVE METHODS OR OFFERS AND ANY INFORMATION PROVIDED BY US OR ANY THIRD PARTY.

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FURTHER, WE SHALL NOT BE LIABLE FOR DIRECT, INDIRECT CONSEQUENTIAL, OR ANY OTHER FORM OF LOSS OR DAMAGE THAT MAY BE SUFFERED BY A USER THROUGH THE USE OF TRAVVY MOBILE APPLICATION INCLUDING LOSS OF DATA OR INFORMATION OR ANY KIND OF FINANCIAL OR PHYSICAL LOSS OR DAMAGE.
LYFTBUDDY PTY LTD, NOR ITS OWNERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE ACCOUNTABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EVENTFUL, OR EXEMPLARY COSTS, INCLUDING WITHOUT LIMITATION, LOSS OF PROCEEDS, FIGURES, USAGE, GOODWILL, OR OTHER INTANGIBLE LOSSES, CONSEQUENTIAL FROM (I) YOUR USE OR ACCESS OF OR FAILURE TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; AND (III) UNLAWFUL ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER OR NOT BASED ON GUARANTEE, AGREEMENT, DOMESTIC WRONG (INCLUDING CARELESSNESS) OR ANY OTHER LAWFUL CONCEPT, WHETHER OR NOT WE'VE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGE.

NO RESPONSIBILITY

WE ARE NOT RESPONSIBLE TO YOU FOR:

ANY LOSSES YOU SUFFER BECAUSE THE INFORMATION YOU PUT INTO OUR MOBILE APPLICATION IS INACCURATE OR INCOMPLETE; OR

ANY LOSSES YOU SUFFER BECAUSE YOU CANNOT USE OUR MOBILE APPLICATION AT ANY TIME; OR

ANY ERRORS IN OR OMISSIONS FROM OUR MOBILE APPLICATION; OR

ANY UNAUTHORIZED ACCESS OR LOSS OF PERSONAL INFORMATION THAT IS BEYOND OUR CONTROL.

SPAM POLICY

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You are strictly prohibited from using the Mobile Application or any of our's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

THIRD-PARTY LINKS

The Mobile Application may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.

PERSONAL INFORMATION AND PRIVACY POLICY

BY ACCESSING OR USING THIS MOBILE APPLICATION, YOU APPROVE US TO USE, STORE, OR OTHERWISE PROCESS YOUR PERSONAL INFORMATION AS PER OUR PRIVACY POLICY.

ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The mobile application and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the mobile application will operate error-free or that the mobile application, its servers, or its content or service are free of computer viruses or similar contamination or destructive features.

We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, non-violation of third parties rights, and fitness for a particular purpose, and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation with any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the mobile application or the content, even if we have been recommended of the possibility of such damages.

The mobile application may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the mobile application. The mobile application may contain information on certain services, not all of which are available in every location. A reference to a service on the mobile applications does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the mobile application at any time without notice.

INDEMNITY

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or  

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the Mobile Application. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

OTHERS APPLICABLE TERMS:

DISCLAIMERS

May please go through our Disclaimer Policy to know more about this.

ASSIGNMENTS

We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your

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Services: (a) We will cease providing the Services; (b) We may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

DISPUTE RESOLUTION

If a dispute arises between you and Mobile Application Travvy, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and Mobile Application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the Mobile Application and Mobile Application Services (a "Claim") following this section entitled "Dispute Resolution." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of Australia without giving effect to any principles of conflicts of law. The Australian Courts shall have exclusive jurisdiction over any dispute arising from the use of the Mobile Application.

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FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at hello@travvy.com.au