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Terms and Conditions

Last updated 2 September 2021

OUR DISCLOSURES TO YOU:

By accepting these Terms, you agree that:
• we may disclose your personal information to third parties as set out in our Privacy Policy;
• we do not make any guarantees that you will earn any money by using the Platform;
• you may not receive any Earnings where we do not receive a commission payment from a Partner, or where the Partner has reduced the commission they pay to us, and we may introduce a maximum number of Earnings payments payable to you; 
• we exclude our liability for: (i) any defect or error in the Platform, including the Platform being unavailable; (ii) the Platform being unsuitable for you; (iii) and any transaction between any user and a Partner;
• our liability under these Terms is limited to $100 and we exclude liability for consequential loss; and
• we may, at any time, discontinue the Platform, for which we will not be responsible for any loss or damage.

Nothing in these terms limit your rights under the Australian Consumer Law.

Acceptance

Thanks for using Tripwell. Our mission is to be the place for people to share and connect over authentic travel experiences (Platform).

You accept these terms and conditions (Terms), including our Privacy Policy, which is available at https://tripwell.io/ by downloading or using our Platform. These Terms will commence on the date on which you accept these Terms and will continue until the date they are terminated in accordance with the Termination clause below (Term).

In future, the Platform will be available as a mobile application. If you access or download the mobile application version of our Platform from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google App Terms of Service.

In these Terms, we, our or us means Tripwell Pty Ltd ABN 51 640 969 286.

Signing up to the Platform

To access the Platform, you will need to create an account (Account). You must be at least 13 years old to use the Platform and create an Account. If you are under 18 years old, you represent and warrant that you have permission from your parent or legal guardian to access and use the Platform, and they have accepted these Terms on your behalf.

You must provide basic information when registering for an Account, such as your name and email address and you must choose a password. You must ensure that any information you give to us when creating an account, including personal information, is accurate and up-to-date.

You are responsible for keeping your Account details confidential and you will be liable for all activity on your Account. You will immediately notify us of any unauthorised use of your Account. At our sole discretion, we may refuse to allow any person to register or create an Account.

Affiliate revenue

The Platform includes the creation of trackable links (Referral Links). Referral Links can be embedded in posts that you share on the Platform (Content), and will redirect users to our third party partners (Partners). Referral Links are configured to track and attribute transactions to you so that, if someone clicks your link and completes a transaction with the Partner, and the Partner then pays us a commission, we may, at our discretion, pay you a portion of that commission we received.

Where we receive affiliate payments from our Partners as a result of users clicking on affiliate links in your Content, and then transacting, we will pay you a percentage of such affiliate payments actually received by us (Earnings). We will pay any Earnings to you in the form of electronic funds transfer to your nominated bank account on a monthly basis between the 10th and 20th of each month. It is your responsibility to ensure that you provide us with your correct payment details. We accept no responsibility for any lost or misdirected Earnings.

You acknowledge and agree that:
• we will not pay you any Earnings when we have not received any commission from the relevant Partner in respect of that Referral Link;
• there may be other events outside of our control which may limit or prohibit our ability to pay you any Earnings, including where Partners do not pay us any commission, change the commission amount paid to us, or change their agreement with us;
• we may introduce limits on the number of Earnings payments that are paid to you;
• the percentage of the affiliate payments received by us used to calculate your Earnings may change from time to time; and
• we make no guarantees as to your earning potential through the use of our affiliate revenue program or otherwise through your use of the Platform;

Third party sites

The nature of the Platform is that it contains links to websites operated by third parties. This is what makes it such a valuable hub for content creators and travellers alike. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, that third party provides the goods and services to you, not us.

Your conduct on the Platform

When sharing Content on the Platform, you agree:
1. to not share any Content which is defamatory, hurtful, offensive, discriminatory, obscene, derogatory, sexually explicit, violent or illegal;
2. that any opinions and views stated by you in the Content are genuinely held by you;
3. that you have all rights and licences required in order to share the Content.

You must not do, or attempt to do, anything that is unlawful; anything prohibited by any laws which apply to our Platform or which apply to you or your use of our Platform; anything which we would consider inappropriate; or anything which might bring us or our Platform into disrepute, including:
1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
2. using our Platform to defame, bully, harass, threaten, menace or offend any person;
3. interfering with any user using our Platform;
4. tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including using trojan horses, viruses, piracy or programming routines that may damage or interfere with our Platform;
5. anything that might violate any local, state, national or other law or regulation or any order of a court, including privacy regulations;
6. using our Platform to send unsolicited email messages; or
7. facilitating or assisting a third party to do any of the above acts.

Intellectual Property Rights

Our intellectual property
Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Platform.
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
Unless otherwise agreed to by us, you must not, without our prior written consent: (a) copy or use, in whole or in part, any of our intellectual property; (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or (c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property. For the avoidance of doubt, this clause does not limit you from promoting our Platform on your social media platforms.

Your intellectual property
You grant us a limited licence to copy, transmit, store and back-up or otherwise access the Content, information, and other data provided by you to us or inputted by you into the Platform, stored by the Platform or generated by the Platform as a result of your use of the Platform (User Data) during the Term and for a reasonable period after the Term to: (1) supply our services (including for back-ups) to you; (2) diagnose problems with the Platform; (3) develop other services, provided we de-identify the User Data; (4) enhance and otherwise modify the Platform; and (5) as reasonably required to perform our obligations under these Terms.

This clause will survive termination of these Terms.

Collection Notice

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

We may disclose that information to third party service providers who help us deliver our Platform (including information technology service providers, data storage, web-hosting and server providers, professional advisors, third party payment processors and our business partners) or as required by law. By using our Platform, you consent to us disclosing your personal information to third party service providers. If you do not provide this information we may not be able to provide you with access to our Platform. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.

Our Privacy Policy contains further information about: (1) how we store and use your personal information; (2) how you can access and seek correction of your personal information; (3) how you can make a privacy-related complaint; and (4) our complaint handling process.

By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with our Privacy Policy.

Feedback

You agree that: (1) all Intellectual Property Rights in any idea, suggestion, recommendation or request by you, whether made verbally, in writing, directly or indirectly, in connection with the Platform (Feedback), will at all times vest, or remain vested, in us; and (2) we may use Feedback in any manner which we see fit (including to develop new features) and no benefit will be due to you as a result of any use by us of any Feedback.

Consumer Guarantees

Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our Platform which cannot be excluded, restricted or modified (Statutory Rights).

Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. Any and all other warranties or conditions which are not guaranteed by the ACL are expressly excluded where permitted (including any suitability and fitness for purpose warranties in relation to the Platform and our services), except to the extent such warranties and conditions are fully expressed in these Terms.

Notice regarding Apple (required by Apple)

To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.

Apple has no obligation to furnish you with any maintenance and support services with respect to our App.

If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.

Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our Platform infringes that third party’s intellectual property rights.

You agree to comply with any applicable third-party terms when using our mobile application.

Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

Liability

In these Terms, Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.

Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with: (1) your acts or omissions; (2) any use or application of the Platform by a person other than you, or other than as reasonably contemplated by these Terms; (3) any works, services, goods, materials or items which do not form part of the Platform; (4) any interaction between you and any other user on the Platform; (5) any transaction between any user and a Partner; (6) any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Platform, including any Partner featured on our Platform; (7) the Platform being unavailable, or any delay in us providing the Platform to you, for whatever reason; and/or (8) any event outside of our reasonable control.

This clause will survive the termination or expiry of these Terms.

Limitations on Liability

Despite anything to the contrary, to the maximum extent permitted by law and whether under statute, contract, equity, tort (including negligence), indemnity or otherwise: (1) our maximum aggregate Liability arising from or in connection with these Terms will be limited to $100; and (2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data.

This clause will survive the termination or expiry of these Terms.

Third Party Inputs

You agree that the provision of the Platform may be contingent on, or impacted by, third parties or any goods and services provided by third parties, including our Partners, IT services, end users, merchants, suppliers, or other subcontractors which the provision of the Platform may be contingent on, or impacted by (Third Party Inputs). Despite anything to the contrary, to the maximum extent permitted by law, we will not be responsible and will have no Liability for any default or breach of these Terms or any law if such default or breach was caused or contributed to by any Third Party Inputs.

You agree that the benefit of the Third Party Input’s interface, or interoperation with, the Platform, is subject to your compliance with this clause.

Warranties

You represent, warrant and agree that: (1) you have full legal capacity to enter into these Terms; (2) these Terms constitute a legal, valid, binding and enforceable agreement; and (3) to provide all assistance, information and documentation necessary to enable us to provide the Platform and that all information you provide to us in connection with the Platform will be true, accurate and complete.

You acknowledge and agree that: (1) you use the Platform at your own risk; and (2) we do not guarantee that the Platform will be secure, uninterrupted or error or virus free or that it will meet your expectations or requirements.

This clause will survive the termination or expiry of these Terms.

Termination

You may terminate these Terms at any time via the “delete your account” (or similar) feature in your Account.

At our sole discretion, we may suspend your Account or terminate these Terms immediately with notice to you if you are in material breach of these Terms, any applicable laws, regulations or third-party rights.

If we suspend your Account or these Terms are terminated, we will immediately cease providing the Platform to you, and you will not be able to access your Account.  

Where your Account is deleted, any Earnings owing will be paid to you, however any Earnings resulting from affiliate payments not yet received by us will be forfeited.

General

Changes to the Platform and Terms: You agree that we may amend these Terms and the features of our Platform at any time. If we amend these Terms, or we make any changes to our Platform that will have a material adverse effect on you, we will provide you with written notice. By continuing to use the Platform, you agree to the amended terms. If you do not agree to the amendment, you must terminate these Terms in accordance with the Termination clause.

Competitors: You are prohibited from using our Platform in any way that competes with our business. If you breach this term, we will hold you responsible for Liability we suffer, and hold you accountable for any profits that you may make from non-permitted use.

Discontinuance: We may, with written notice to you, discontinue our Platform, in whole or in part. We are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent you may suffer arising from or in connection with any such discontinuance or exclusion.

Disputes: If a dispute arises, the parties will agree to meet in good faith to seek to resolve the issue, before proceeding to any dispute resolution process. This won’t prevent a party from seeking urgent equitable relief.

Jurisdiction: Your use of our Platform and these Terms are governed by the laws of New South Wales. You submit to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Severance: The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

Taxes: You agree any tax liabilities you may incur as a result of receiving Earnings are solely your liability.

For any questions and notices, please contact us at:
Tripwell Pty Ltd ABN 51 640 969 286
Email: hello@tripwell.io