Terms & Conditions

MYTRAVELA

TERMS AND CONDITIONS

Last Updated: 09/10/2024

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Welcome to Mytravela App. By accessing or using our App, you agree to the following Terms and Conditions, Privacy policy, cookie policy and safety guidelines. Please read them carefully before using the App.

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Eligibility. Before you create an account in Mytravela App, make sure you are eligible to use our Services. You must be at least 18 to use the Service.

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1. Acceptance of Terms

By using Mytravela App, you agree to these Terms, our Privacy Policy, and any additional terms and conditions that may apply to specific features or services offered through the App. If you do not agree to these Terms, please do not use Mytravela App.

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2. Service Description

Mytravela App provides a platform that connects travellers "Users" with travel agents "Agents" that best suits their necessities of a future travel according a list of filters/requests selected by the user when using the App. Mytravela do not provide travel services directly but facilitate the connection between Users and Agents.

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3. User Registration

To use the App, you may need to register and create an account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete. Mytravela App is free for travellers looking to match with a travel agent. Mytravela App charges a subscription fee to travel agents who wants to join the App to connect with potential travellers.

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4. User Responsibilities

You agree to:

• Use Mytravela App only for lawful purposes and in accordance with these Terms and conditions.

• Maintain the confidentiality of your account credentials and notify us immediately of any unauthorized use of your account.

• Be responsible for all activities that occur under your account.

• Not use the App to scam, harass, abuse, harm others, or to transmit any illegal, defamatory, or offensive content.

• By using the Mytravela App, you agree to comply with all applicable laws, regulations, and ordinances in connection with your use of the App and the services provided. You shall not engage in any conduct that violates any local, state, national, or international laws or regulations, including but not limited to laws governing travel, data protection, intellectual property, and consumer rights. You are solely responsible for ensuring that your actions and any content you provide comply with all relevant legal obligations. Failure to adhere to these legal requirements may result in the termination of your account and access to the Mytravela App.

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5. Travel Agent Responsibilities

Agents are independent professionals and they are not employees or representatives of Mytravela nor the App. We are not responsible for the actions or omissions of Agents, including the quality of their services or any disputes between Users and Agents. It is recommended each traveller check the website of the travel agent to work with, get references from the travel agent to work with, request any information about the professional background of the travel agent, check the social media of the travel agent and/ or organise a zoom meeting or video call before engaging to work with the travel agent, all this to avoid any future problems from the service the travel agent will give.

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6. Content

You are solely responsible for any content you upload, submit, or otherwise make available through the Mytravela App ("User Content"). Mytravela reserves the right to monitor, review, and remove any User Content that, in our sole discretion, violates these Terms and Conditions or is otherwise objectionable, including but not limited to content that is illegal, defamatory, obscene, abusive, or infringing upon the rights of others.

If we determine that your User Content violates these Terms, we may take appropriate action, which may include but is not limited to:

1. Removal of Content: We may remove or disable access to any User Content that violates these Terms without prior notice.

2. Warning: We may issue a warning to you regarding your violation.

3. Account Suspension or Termination: Repeated violations may result in the suspension or termination of your account, and you may be barred from future use of the Mytravela App.

By using the App, you acknowledge that you have no ownership rights to any User Content once it is submitted and that Mytravela is not responsible for the retention or return of any User Content. You also agree to indemnify Mytravela for any claims arising from your User Content that violates these Terms.

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7. Safety. 

Mytravela is not responsible for the actions of its users or your interactions with them, we do not conduct police background checks. Be careful, and be sure to read and follow our Safety Tips on interacting with people on or off Mytravela App. We do request and ID to the travel agents to ensure the profile is a real person, and we do give the option to the travel agent to upload their certifications to back up their services so when they match with potential traveller the user can check the profile of the travel agent. The most documentation of their previous professional services they have in their profile the higher the changes to be chosen by a user.

While using the Mytravela App, your safety is our priority. However, Mytravela does not guarantee the safety or security of interactions between users, including travellers and travel agents. By using Mytravela App, you acknowledge and accept that you are solely responsible for your actions and interactions with other users.

To promote a safer experience, we recommend the following safety tips:

1. Verify Agent Credentials: Always check the credentials and reviews of travel agents before engaging in any transactions or services.

2. Use Secure Communication: Utilize the in-app messaging feature to communicate with travel agents and avoid sharing personal or sensitive information outside the App.

3. Meet in Public Spaces: If you arrange any in-person meetings, choose a public location and inform someone you trust about your plans.

4. Trust Your Instincts: If something feels off or suspicious during your interactions, take appropriate precautions and discontinue communication if necessary.

Mytravela reserves the right to monitor user-generated content and interactions within the App to promote compliance with our Terms and to enhance user safety. However, we cannot guarantee the complete accuracy or appropriateness of user interactions. Mytravela is not responsible for any actions, disputes, or damages that arise from user interactions or the use of the App.

By using the Mytravela App, you agree to exercise caution and take responsibility for your own safety while using the platform.

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8. Fees and Payments

The App is free to use for travellers, and for Travel Agents there is a subscription fee to join Mytravela App and match with potential travellers.

Travel agents generally do not charge extra fee for their job, because they are paid by suppliers they book with, however there are some travel agents that might charge fees for their services and this is also a normal practice. As a traveller you must ensure you are asking in advance to the travel agent if there is any extra fee for their services before making a decision to work with the travel agent. Any transactions between Users and Agents are handled directly between them. Mytravela App is not responsible for any financial transactions or disputes that arise from such transactions.

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9. Intellectual Property

All content, trademarks, and other intellectual property on the App are owned by or licensed to Mytravella App. You may not use, reproduce, or distribute any content from the App without our prior written consent.

Acceptable Use of App Content

The content available on the Mytravela App, including but not limited to text, graphics, logos, images, software, and multimedia materials (collectively referred to as "App Content"), is owned by or licensed to Mytravela and is protected by applicable intellectual property laws.

Acceptable Use

You are granted a limited, non-exclusive, non-transferable license to access and use the App Content for personal, non-commercial purposes, provided that you adhere to the following guidelines:

1. Personal Use Only: You may view, download, and print App Content solely for your personal use, provided that you do not modify or distribute the content in any way.

2. No Commercial Use: You may not use any App Content for commercial purposes, including but not limited to resale, distribution, or creating derivative works without prior written permission from Mytravela.

3. Attribution: If you wish to use any App Content in a manner not expressly permitted by these Terms, you must obtain prior written consent from Mytravela and provide appropriate attribution where required.

4. Prohibition of Unauthorized Use: You must not reproduce, copy, modify, publicly display, publicly perform, republish, or distribute any App Content without explicit permission from Mytravela.

5. Third-Party Content: If the App includes content owned by third parties, you must adhere to any additional restrictions or requirements associated with that content.

Enforcement

Mytravela reserves the right to take action against any user who violates this Intellectual Property Policy, including but not limited to suspension or termination of access to the App, and legal action where appropriate. By using the Mytravela App, you acknowledge and agree to respect and protect our intellectual property rights.

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10. Copyright

If you believe your work has been posted on the Service in violation of your copyright, please send a notice to our support team to support@mytravellaapp.com

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11. Rights

Mytravela grants you the right to use our Service as authorised and permitted by this Agreement. You grant Mytravela a licence to use your Content, including the right to display your profile on Mytravella App.

Scope of License Granted to Users

By using the Mytravela App, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the App and its content for personal, non-commercial purposes, subject to the following conditions:

1. Use of the App: You may use the App to browse, view, and interact with the content and features provided, including connecting with travel agents and managing your travel preferences.

2. User Content License: By submitting or uploading any content to the App (including but not limited to reviews, comments, and profile information), you grant Mytravela a worldwide, royalty-free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media, now known or hereafter devised.

3. Restrictions on License: You may not:

   • Use the App or any content for illegal purposes or in violation of any applicable laws.

   • Modify, reverse-engineer, or create derivative works based on the App or its content without express permission from Mytravela.

   • Use any data mining, robots, or similar data gathering and extraction tools on the App.

4. Termination of License: This license is granted on a temporary basis and may be revoked at any time by Mytravela at its sole discretion, particularly if you violate these Terms or any applicable laws.

By accessing and using the Mytravela App, you acknowledge and agree to comply with the terms of this license and respect the intellectual property rights associated with the App and its content.

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12. In-App Purchases

Mytravela may offer services for purchase through mobile platforms such as Google Play and Apple’s App Store. Such purchases are governed by the terms of the respective platforms. Most purchases are non-refundable except where required by law, and certain services only grant you a specified licence. Some purchases, such as subscriptions, will automatically renew until cancelled by you. Travel agents must hold at leats 3 stars rating level to be able to renew a subscription.

Subscription Terms and Renewal

Mytravela offers subscription services that may be purchased through the App, specifically for travel agents. Subscriptions are billed every six months and will automatically renew at the end of each billing cycle unless you cancel your subscription prior to the renewal date.

Cancellation Policy

You can cancel your subscription at any time through the respective platform where you purchased it. To cancel your subscription:

1. For Apple App Store Users:

   • Open the Settings app on your device.

   • Tap your name, then tap "Subscriptions."

   • Select the Mytravela subscription and tap "Cancel Subscription."

2. For Google Play Store Users:

   • Open the Google Play Store app.

   • Tap the profile icon in the top right corner.

   • Tap "Payments & subscriptions," then "Subscriptions."

   • Select the Mytravela subscription and tap "Cancel Subscription."

Important Notes:

• Upon cancellation, you will retain access to the subscription benefits until the end of the current billing period.

• No refunds will be issued for partial periods or unused portions of the subscription.

• If you do not cancel your subscription before the renewal date, you will be charged for the next billing cycle.

By subscribing to the Mytravela services, you acknowledge that you have read and understood the renewal terms and cancellation process outlined above.

13. Limitation of Liability

To the fullest extent permitted by law, Mytravella is not liable for any direct, indirect, incidental, special, or consequential damages arising from or related to your use of the App or any services provided by Travel Agents.

To the fullest extent permitted by law, including the Australian Consumer Law, Mytravela and its affiliates, officers, directors, employees, agents, and licensors (collectively, "Mytravela Parties") shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Mytravela App, including but not limited to:

1. Loss of Data: Any loss or corruption of data, including User Content.

2. Service Interruptions: Any interruption or unavailability of the App or its services.

3. User Interactions: Any interactions or disputes between users, including travellers and travel agents, that arise from the use of the App.

4. Third-Party Content: Any content provided by third parties, including inaccuracies or errors in such content.

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Consumer Rights

Nothing in these Terms shall limit or exclude Mytravela's liability for any liability that cannot be excluded under the Australian Consumer Law. This includes guarantees that may apply to services provided under the Australian Consumer Law, and any rights you have as a consumer that cannot be excluded or limited.

If you are a consumer as defined by the Australian Consumer Law, you may have additional rights that cannot be excluded, including the right to a remedy for any failure to comply with a consumer guarantee. In such cases, to the extent permitted by law, Mytravela's liability for any breach of such guarantees will be limited to:

• The supply of the services again; or

• The payment of the cost of having the services supplied again.

By using the Mytravela App, you acknowledge and agree to the limitations of liability as outlined in this clause.

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14. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind. We do not guarantee that the App will be available at all times or that it will be free from errors or viruses.

Basic Standards of Quality

While we strive to ensure a satisfactory experience, you acknowledge that Mytravela does not control the actions of travel agents or other users, and thus cannot ensure the quality or appropriateness of the services they provide. It is your responsibility to evaluate and verify the credentials, expertise, and quality of any travel agent you choose to engage with through the App.

By using the Mytravela App, you accept and acknowledge that any reliance on the services or information provided is at your own risk. Mytravela disclaims any and all warranties not expressly stated in these Terms.

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15. Compliance Requirements under the Spam Act 2003

1. Consent:

   • We request consent from recipients before sending commercial electronic messages. We want to ensure that users are clearly informed about how their information will be used for marketing purposes when they provide their details.

2. Identification:

   • We clearly identify the organization sending the message. The sender's name will be always clear and easily recognizable to the recipient.

3. Unsubscribe Option:

   • We provide a functional unsubscribe option in every marketing communication. Easy to access and use, allowing recipients to opt-out of receiving future messages.

4. Accurate Information:

   • We ensure that all information in the marketing messages is accurate and not misleading.

5. Content Restrictions:

   • We avoid sending unsolicited commercial messages, which are defined as messages sent without consent that promote goods or services.

6. Record Keeping:

   • We keep records of consent for marketing mails, obtained from recipients to demonstrate compliance with the Spam Act if required.

16. Termination

We reserve the right to terminate or suspend your account and access to the App at our sole discretion, without prior notice, for any reason, including for violation of these Terms.

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17. Changes to Terms

We may update these Terms from time to time. The updated Terms will be posted on the App, where you can access and review the update terms. Your continued use of the App constitutes your acceptance of the revised Terms.

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18. Governing Law

These Terms are governed by and construed in accordance with the laws of Queensland Australia, without regard to its conflict of law principles.

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19. Dispute Resolution

Any disputes arising from or related to these Terms or your use of the App will be resolved, in first instance through provision to mediation, next step binding arbitration in Queensland Australia, except where prohibited by law.