Terms of Service

16th November 2018

We (the folks at Travaa) run Travaa.com, mobile apps for Android and iOS, and a blog and would love for you to use them. Travaa’s current service is based on a freemium model, where usage is generally free except for the purchased of travel plans (itineraries and micro-guides) published by Travaa and its users. We may introduce other paid services in the future. Our service is designed to give you as much control and ownership over what goes on your Content as possible and encourage you to publish your travel plans and stories freely and/or for sale. However, be responsible in what you publish. In particular, make sure that none of the prohibited items (any material that infringes any copyright, trade mark, is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable) appear on your Content.

If you find any Travaa content that you believe violates these Terms of Service, please contact our support team via this contact form.


Terms of Service

The following terms and conditions govern all use of the Travaa websites, apps and all content, services, and products available at or through the website and/or Apple App and Google Play stores. Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Travaa’s Privacy Policy) and procedures that may be published from time to time by Travaa (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades. Your agreement is with Travaa International Limited (New Zealand) (each, “Travaa” or “we”).

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by Travaa, acceptance is expressly limited to these terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

Use of our Services requires a Travaa.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.


1. Travaa Website and Apps

Your Travaa Account and Content: If you create and/or upload Content - i.e. your travel plans, stories and photos - on/to Travaa, you are responsible for maintaining the security of your account and Content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Content. You must immediately notify Travaa of any unauthorized uses of your Content, your account, or any other breaches of security. Travaa will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

Responsibility of Contributors: If you create and/or upload Content, publish this Content, comment on a page/blog, post material to Travaa.com, post links on Travaa.com or Travaa apps, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using Travaa website and/or apps, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines. When you “Publish” content on Travaa, you grant Travaa a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content solely for the purpose of displaying, distributing, and promoting your Content. This license allows Travaa to make published content available to third parties selected by Travaa so that these third parties can analyze and distribute (but not publicly display) your Content through their services. You also give other Travaa users permission to print, replicate and share your Content with other Travaa users (for personal use) and add their own Content to it (aka to copy your Content). Without limiting any of those representations or warranties, Travaa has the right (though not the obligation) to, in Travaa’s sole discretion, (i) reclaim your username or Content URLs due to prolonged inactivity or a Travaa website design change in URL naming convention, (ii) refuse or remove any content that, in Travaa’s reasonable opinion, violates any Travaa policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of Travaa to any individual or entity for any reason. Travaa will have no obligation to provide a refund of any amounts previously paid.

Web Traffic: We use a third party, Google, Inc. (“Google Analytics”), to measure Travaa.com’s audience and usage. By publishing your Content on Travaa.com, you agree to assign the traffic relating to your published Content pages to Travaa. Your published Content pages traffic will be included under Travaa. You understand that your Content pages will not receive credit for traffic in these reports, and you must not assign your Content pages' traffic to any other party.

HTTPS: We offer free HTTPS on all Travaa.com websites by default.

Advertisements: Travaa reserves the right to display advertisements on your published Content pages and/or any other pages on Travaa website and/or apps.

Attribution: Travaa reserves the right to display attribution text or links in your published Content pages.

Payment Services: Optional paid services like travel plan purchases are available on Travaa.com websites.

Travel Plan Buyers: By purchasing a paid travel plan from Travaa, you agree to pre-pay for the travel plan in advance of obtaining digital copies of pre-made itineraries or commencement of work on custom-made itineraries. You agree that you will not redistribute, via any and all media, the contents of any purchased material (itineraries) to any others, with the exception of other persons also in the immediate travel party on that trip. If for any reason, you do not find the content of a travel plan purchased suitable for you or your group, please contact our support team via this contact form or an email with details of the original Travaa purchase order number to support@travaa.com within three (3) days (from the time of delivery of a completed itinerary) to cancel your order and get a full credit return to the same card used in that purchase transaction. In purchasing a travel plan from Travaa, you agree that payment for that travel plan shall not be refundable if no request - which state the order number to be cancelled - is sent to the Travaa support team before three (3) days has elapsed since the time of delivery of the completed itinerary.

Travel Plan Sellers: You are responsible for resolving all support questions, comments, and complaints, or pricing questions. You should provide contact information so that customers may contact you with questions or complaints. We endeavor to payout purchased trips published by you on the 10th day after each purchase that is not cancelled. Please have your bank account information or PayPal email set up correctly prior to this day, to ensure that a smooth transfer of your revenue portion to you. Payout for each travel plan purchase is based on the current revenue split plan at the time of the purchase transaction. Whilst list prices are stated in United States Dollars, payouts will generally be sent in the local currency of your registered bank account based on the current foreign exchange rate (at the time of the successful purchase transaction) set by Stripe (our payment services gateway). We currently limit travel plan sellers to persons with valid bank accounts in the majority of countries Stripe Connected Accounts support. We are current expanding this to sellers with PayPal accounts and may possibly look to expand this to other payment channels in the future.

Other Services: Other paid services may be introduced in the future.


2. Responsibility of Visitors

Travaa has not reviewed, and cannot review, all of the material posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Travaa does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Travaa disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.


3. Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Travaa.com or the Travaa mobile apps link, and that link to Travaa.com. Travaa does not have any control over those non-Travaa.com websites and is not responsible for their contents or their use. By linking to a non-Travaa.com website, Travaa does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Travaa disclaims any responsibility for any harm resulting from your use of non- Travaa.com websites and webpages.


4. Copyright Infringement

As Travaa asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Travaa violates your copyright, you are encouraged to notify Travaa. Travaa will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Travaa will terminate a user’s access to and use of the website if, under appropriate circumstances, a user is determined to be a repeat infringer of the copyrights or other intellectual property rights of Travaa or others. In the case of such termination, Travaa will have no obligation to provide a refund of any amounts previously paid to Travaa or any resulting loss of business to the associated user(s).


5. Intellectual Property

This Agreement does not transfer from Travaa to you any Travaa or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Travaa, Travaa.com, the Travaa.com logo, Travaa mobile apps and all other trademarks, service marks, graphics and logos used in connection with Travaa or our Services, are trademarks or registered trademarks of Travaa or Travaa’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Travaa or third-party trademarks.


6. Changes

We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.


7. Termination

Travaa may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Travaa account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


8. Disclaimer of Warranties

Our Services are provided “as is.” Travaa and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Travaa nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.


9. Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of New Zealand.


10. Limitation of Liability

In no event will Travaa, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Travaa shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.


11. General Representation and Warranty

You represent and warrant that your use of our Services:

  • Will be in strict accordance with this Agreement;
  • Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
  • Will not infringe or misappropriate the intellectual property rights of any third party.


12. Indemnification

You agree to indemnify and hold harmless Travaa, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.


13. Translation

These Terms of Service were originally written in English. We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.


14. Payment

Payment processing services for itinerary buyers and sellers on Travaa are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”) . By agreeing to this Terms of Service or continuing to operate as a user on Travaa, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Travaa enabling payment processing services through Stripe, you agree to provide Travaa accurate and complete information about you and your business, and you authorize Travaa to share it and transaction information related to your use of the payment processing services provided by Stripe.


15. Miscellaneous

This Agreement constitutes the entire agreement between Travaa and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Travaa, or by the posting by Travaa of a revised version. This Agreement, any access to or use of our Services, will be governed by the laws of New Zealand. When you access the website or use our Services, you submit to the exclusive jurisdiction of the New Zealand courts.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Travaa may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.


Change log:

  • November 1, 2016: Initial release.
  • November 13, 2017: Added Payment section (see section 13).
  • January 23, 2018: Multiple admendments to support new apps and travel platform services.
  • May 25, 2018: Multiple admendments to support Europe’s new General Data Protection Regulation (“GDPR”).
  • August 19, 2018: Expanded to include new Stories feature.
  • November 13, 2018: Admended credit-back gurantee to 3-days from delivery of final itinerary and include new custom planning service.


Attribution:

Thanks and appreciation to the folks at Automattic Inc. for sharing their Terms of Service under a Creative Commons Sharealike license.