Legal

Terms and Conditions and Privacy Policy

Privacy Policy
Effective date: February, 2014

Updated: September, 2014

Welcome to SafeTravels (“SafeTravels,” “we,” “us” or “our”). SafeTravels provides simple, easy and secure way for you to share your emergency contact and medical details with others through our platform. Just create a profile, add contacts and decide who you want to share your information with.

Our Privacy Policy explains how we and some of the companies we work with collect, use, share and protect information in relation to our mobile services, web site, and any software provided on or in connection with SafeTravels services (collectively, the “Service“), and your choices about the collection and use of your information.
By using our Service you understand and agree that we are providing a platform for you to post information, including emergency contact information, medical conditions, photos, and other materials (“User Content“), to the Service and to share User Content with other users. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Service, consistent with the terms and conditions of this Privacy Policy and our Terms of Use (which can be found at www.safetravels.com).
Our Policy applies to all visitors, users, and others who access the Service (“Users“).
1. INFORMATION WE COLLECT

We collect the following types of information.

Information you provide us directly:

Your username, password and e-mail address when you register for a SafeTravels account.
Profile information that you provide for your user profile (e.g., first and last name, picture, phone number). This information allows us to help you or others be “found” on SafeTravels
User Content (e.g., contact information, emergency contact information, travel insurance details.)
Communications between you and SafeTravels. For example, we may send you Service-related emails (e.g., account verification, changes/updates to features of the Service, technical and security notices). Note that you may not opt out of Service-related e-mails.
Finding your friends on SafeTravels:

If you choose, you can use our “Find friends” feature to locate other people with SafeTravels accounts either through (i) your contacts list, (ii) third-party social media sites or (iii) through a search of names on SafeTravels.
If you choose to find your friends through a (ii) third-party social media site, then you will be prompted to set up a link to the third-party service and you understand that any information that such service may provide to us will be governed by this Privacy Policy.
If you choose to find your friends (iii) through a search of names or usernames on SafeTravels then simply type a name to search and we will perform a search on our Service.
Note about “Invite Friends” feature: If you choose to invite someone to the Service through our “Invite friends” feature, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, SafeTravels does not have access to or control this communication.
Analytics information:

We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.
Cookies and similar technologies:

When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use SafeTravels and provide features to you.
We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by us or the third party.
If you don’t want to receive certain categories of cookies on the Services, you can opt-out of them. We will need to set a cookie so that we can remember your choices when you next visit the website from the same browser. At the present time it is not technically possible for us to allow you to carry your settings with you between your browsers and devices so you will need to change these settings from each browser you use.
Please also be aware that we make every effort to respect your choices, however, there is the possibility that not all cookies will be captured. If this is a concern then we would recommend that you change your cookie settings via your browser; your browser help function will tell you how.
Please note that you may lose some functionality if you choose to disable cookies. We use the following types of cookies:
(a) Strictly necessary cookies: These cookies are strictly necessary to enable you to move about the site or to provide certain features you have requested.

(b) Functionality cookies: These cookies enhance the functionality of website by storing your preferences.

(c) Performance cookies: These cookies help to improve the performance of the website, providing a better user experience.

(d) Online behavioural advertising cookies: These cookies are for the international version of the website which features advertising. They are used to tailor the advertising to each user.

Log file information:

Log file information is automatically reported by your browser each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device.
When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol (“IP”) address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users which then help us track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.
Device identifiers:

When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more “device identifiers.” Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device’s operating system or other software, or data sent to the device by SafeTravels.
A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help us or others provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.
Metadata:

Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted.
Users can add or may have Metadata added to their User Content including a hashtag (e.g., to mark keywords when you post a photo), geotag (e.g., to mark your location to a photo), comments or other data. This makes your User Content more searchable by others and more interactive. If you geotag your photo or tag your photo using other’s APIs then, your latitude and longitude will be stored with the photo and searchable (e.g., through a location or map feature) if your photo is made public by you in accordance with your privacy settings.
2. HOW WE USE YOUR INFORMATION

In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

help you efficiently access your information after you sign in
remember information so you will not have to re-enter it during your visit or the next time you visit the Service;
provide personalized content and information to you and others, which could include online ads or other forms of marketing
provide, improve, test, and monitor the effectiveness of our Service;
integrate the Service with the relevant Tour Company;
develop and test new products and features
monitor metrics such as total number of visitors, traffic, and demographic patterns
diagnose or fix technology problems
automatically update the I application on your device SafeTravels or other Users may run contests, special offers or other events or activities (“Events”) on the Service.
3. SHARING OF YOUR INFORMATION

We may personal information only to our service providers who assist us in operating the Services and the relevant Tour Companies. We will only disclose personal information to an unrelated third party with your consent.

Parties with whom we may share your information:

We may share User Content and your information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) with businesses that are legally part of the same group of companies that SafeTravels is part of, or that become part of that group (“Affiliates”). Affiliates may use this information to help provide, understand, and improve the Service (including by providing analytics) and Affiliates’ own services (including by providing you with better and more relevant experiences). But these Affiliates will honor the choices you make about who can see your photos.
We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you (“Service Providers”). Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms.
We may also share certain information such as cookie data with third-party advertising partners. This information would allow third-party ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you.
We may remove parts of data that can identify you and share anonymized data with other parties. We may also combine your information with other information in a way that it is no longer associated with you and share that aggregated information.
Apart from such circumstances, we may disclose personal information in special situations where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring or interfering (intentionally or unintentionally) with our rights or property, users or anyone else who could be harmed by such activities.

We may also disclose personal information as required by law.

In the event that we sell or buy businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control and other similar transactions, customer information is generally one of the transferable business assets. Thus, your personal information may be subject to such a transfer. In the unlikely event of insolvency, personal information may be transferred to a trustee or debtor in possession and then to a subsequent purchaser.

If you voluntarily provide information in publicly accessible areas of the Services, the information can be viewed and therefore used by others. We advise users not to disclose contact information that they do not wish to have publicly available. We are not responsible for personal information you choose to submit publicly.

Parties with whom you may choose to share your User Content:

Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others.
If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties using the SafeTravels API have copied or saved that information.
What happens in the event of a change of control:

If we sell or otherwise transfer part or the whole of SafeTravels or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.
Responding to legal requests and preventing harm:

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the Australia where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.
4. HOW WE STORE YOUR INFORMATION

Storage and Processing:

Your information collected through the Service may be stored and processed in Australia or any other country in which SafeTravels, its Affiliates or Service Providers maintain facilities.
SafeTravels, its Affiliates, or Service Providers may transfer information that we collect about you, including personal information across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
By registering for and using the Service you consent to the transfer of information to the Australia or to any other country in which SafeTravels, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.
We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, SafeTravels cannot ensure the security of any information you transmit to SafeTravels or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.
Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and SafeTravels, at all times. Your privacy settings may also be affected by changes the social media services you connect to SafeTravels make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.
5. YOUR CHOICES ABOUT YOUR INFORMATION

Your account information and profile/privacy settings:

Update your account at any time by logging in and changing your profile settings.
Unsubscribe from email communications from us by clicking on the “unsubscribe link” provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).
How long we keep your User Content:

Following termination or deactivation of your account, SafeTravels, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.
Access and correction:

Australian Privacy Principle 6 of the Privacy Act 1988 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.
Please note that the access and correction requirements under this Privacy Policy operates alongside and do not replace other informal or legal procedures by which an individual can be provided access to, or correction of, their personal information, including the requirements under the Freedom of Information Act 1982 (Cth).
Complaints:

Australian Privacy Principle 1 of the Privacy Act 188 (Cth) allows you to make a complaint about any alleged breaches of privacy. In order to lodge a complaint with us, please contact using the details above with the following information: your name and address; details of the alleged breach of privacy; and URL link to the alleged breach of privacy (if applicable).
Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.
6. CHILDREN’S PRIVACY

SafeTravels does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

7. OTHER WEB SITES AND SERVICES

We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content. If you are using a third-party website or service and you allow them to access your User Content you do so at your own risk.

8. HOW TO CONTACT US ABOUT A DECEASED USER

In the event of the death of an SafeTravels User, please contact us. We will usually conduct our communication via email; should we require any other information, we will contact you at the email address you have provided in your request.

9. Transfer out of Australia

The website is not hosted in Australia. For that reason, we transfer all data on the Site (including all personal information) to our hosting service providers and data centres located overseas. You hereby expressly and voluntarily grant your informed consent to such transfers.

10. HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please find the appropriate support channel in SafeTravels help center at which to contact us.

11. CHANGES TO OUR PRIVACY POLICY

SafeTravels may modify or update this Privacy Policy from time to time, so please review it periodically. We may provide you additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of SafeTravels or the Service after any modification to this Privacy Policy will constitute your acceptance of such modification.

12. CONSENT

You warrant that you are able to give consents under Australian Law or, in the event that you do not have the capacity to give consent, you warrant that your guardian or attorney is able to give any consent required under this Privacy Policy on your behalf.

You hereby expressly and voluntarily grant your informed consent to SafeTravels to deal with your personal information in accordance with the terms and conditions of this Privacy Policy. Should you retract your consent, please contact hello@safetravels.com If you retract your consent, you acknowledge and agree that failure to provide certain types of personal information may not give you access to the full functionality of the Site.

SAFETRAVELS TRAVEL COMPANY TERMS OF USE

TERMS & CONDITIONS

www.safetravels.com and the SafeTravels mobile application is operated by SafeTravels Pty Ltd (A.C.N. 166 391 993) trading as SafeTravels (“SafeTravels”). Access to and use of the website, or any of its associated products, including the SafeTravels web application and mobile application and any other web applications or mobile applications incorporating the Trip Management Platform (collectively and severally “the Services”), is provided by SafeTravels.

By clicking “I ACCEPT”, the Travel Company acknowledge that the Travel Company has read, understood and agree to be bound by these Travel Company Terms of Use (“Travel Company Terms”) and the SafeTravels Privacy Policy. The Travel Company may not use the Services if the Travel Company does not agree to these Travel Company Terms. If the Travel Company are accepting these Travel Company Terms on behalf of a Travel Company, the Travel Company warrant that the Travel Company are authorised to enter into these Travel Company Terms on behalf of the Travel Company and in doing so, the Travel Company consents to enter into these Travel Company Terms.

SafeTravels reserves the right to review and change any of the Travel Company Terms by updating this page at any time in SafeTravel’s sole discretion. Any changes to the Travel Company Terms take immediate effect from the date of their publication on this page. The Travel Company is required to review these Travel Company Terms frequently and familiarise itself with any changes. SafeTravels will endeavor to, but will be under no obligation to advise the Travel Company when these Travel Company Terms are varied.

The Travel Company acknowledge and agree that although we will use all reasonable efforts to ensure that the Services are available, temporary interruptions of the Services may occur. SafeTravels shall not be liable to any person or entity for loss or damage incurred by such downtimes. All content and services provided on or through this Services are provided “AS IS” and “AS AVAILABLE” for the Travel Company’s use. The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement. The Travel Company’s use of this Site is solely at the Travel Company’s risk. SafeTravels reserve the right to withdraw or amend the Services without notice. SafeTravels may restrict access to some parts of or the entire Services, from time to time.

TRAVEL COMPANY ACCOUNT

In order to use the Services, the Travel Company may be required to provide information about itself (such as identification or contact details) to become a registered Travel Company.

In becoming a registered Travel Company, the Travel Company may be issued with a Travel Company ID and/or password (“Account Information”). The Travel Company agrees to keep the Travel Company’s Account Information confidential at all times and must not disclose it to any third parties. The Travel Company agrees to be fully responsible for activities that relate to the Travel Company’s Account Information. If the Travel Company has reason to believe that the Travel Company’s Account Information has been obtained by someone else without the Travel Company’s consent, the Travel Company must inform us immediately to disable the Travel Company’s Travel Company account.

The Travel Company Travel Company Account Information will provide the Travel Company access to the internet platform provided by SafeTravels which allows the Travel Company to manage tours and Trip Member information (“Trip Management Platform”). The Travel Company agrees that any information the Travel Company provide to SafeTravels will always be accurate, correct and up to date. SafeTravels may suspend or terminate the Travel Company’s access to the Services if any information provided is inaccurate, outdated or incomplete.

Any personal data or information provided by the Travel Company is processed by us in accordance with our Privacy Policy. By registering to the Site and providing any such data or other personal information:

the Travel Company agree that all information provided during the registration process is true and accurate and the Travel Company will update this information in order to keep it current, complete and accurate; and

the Travel Company agree to the Travel Company Terms of our Privacy Policy.

In creating a Travel Company Account, the Travel Company understand and agree that access and use of the Services is limited, non-transferable and allows for the sole use of the Services by the Travel Company.

The Travel Company acknowledge and agree that any requests, reminders, invitations or related correspondence that the Travel Company cause to be sent to other Travel Company Account’s and/or third parties through the Services will be sent directly to that person from the Travel Company’s email address.

In creating a Travel Company Account, the Travel Company agrees to receive messages from SafeTravels. To stop receiving these messages, the Travel Company must cancel the Travel Company’s Travel Company Account by contacting us at hello@safetravels.com.

SCOPE OF SERVICES

The Services are intended to provide an online and mobile service to store, manage, organise, view, access and share trip information with Trip Members (your Trip Members, customers, members), as well as provide a mechanism for Trip Members to provide required information through their SafeTravels profile account.

In order to add Your Customers to a Trip on the Trip Management Platform, the Travel Company may purchase pre-paid credits (“Trip Credits”). Payments for Trip Credits are non-refundable and Trip Credits are non-transferrable.
By utilizing the Trip Management Platform, the Travel Company may:

create, configure and outline Trip Content (see 6. Trip Content);

Add Trip Members (Your Customers) to a Trip allowing them access to the Trip Content through the mobile application (see 5. Trip Members) ;

Send messages and communicate with Trip Members for a period before, during and after a Trip (see 6.5)

access Emergency Profile information of Trip Members for a specific Trip from the trip start until its end date.

USE OF SERVICES

In using the Services, the Travel Company undertake, warrant and agree as follows:

the Services will not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by SafeTravels;

posting of commercial advertisements, affiliate links, and other forms of solicitation may result in suspension or termination of Registration;

the Travel Company will immediately notify SafeTravels of any unauthorised use of the Travel Company Account Information or any breach of security within the Services of which the Travel Company have become aware;

the Travel Company has sole responsibility for protecting the confidentiality of the Travel Company’s Account Information. Use of the Travel Company’s Account Information by any other person may result in the immediate cancellation of the Travel Company’s Account;

the Travel Company is solely responsible for the Travel Company’s interactions with its Trip Members on Trips;

although SafeTravels does not have any obligation to monitor the Services, SafeTravels reserves the right (but is not obliged) to pre-screen, review, flag, filter, modify, refuse or remove any or all Trip Content from the Services. SafeTravels may also provide tools to filter out explicit Trip Content;

SafeTravels, subject to local applicable laws, reserves the right to suspend, discontinue or cancel the Travel Company’s Account at any time and may suspend or deny, in our sole discretion, the Travel Company’s access to all or any portion of the Services without notice if the Travel Company breach any of these Travel Company Terms or any applicable law or if we find the Travel Company’s conduct adversely impacts our name or reputation or violates the rights of those of another party.

TRIP MEMBERS

Adding a Trip Member to a Trip by a Travel Company creates a Link between the SafeTravels user account of the Trip Member and the Trip, allowing the Trip Member access to Trip Content that the Travel Company provides.
In the event that a Trip Member is added to a Trip and the Trip Member does not have an existing SafeTravels user account, a new SafeTravels user account will be created for the Trip Member and they will be sent a communication via email notifying them of the action and that they must Activate their SafeTravels user account in order to gain access to the Trip Content for a Trip.

The SafeTravels user account data of a Trip Member is only made available to the Travel Company for the purpose of SafeTravels providing the Services for the Trip the Trip Member is linked to.

Additionally, in the event that a Travel Company elects to use the SafeTravels Emergency Profile functionality for a Trip, the Travel Company shall receive access to the Emergency Profile information of a Trip Member’s SafeTravels account for the duration of the Trip period.

The data incorporated into any SafeTravels user account as well as any aggregated data during the course of the Trip incorporated into the Trip Member’s SafeTravels user account is the sole ownership of SafeTravels.

Any data collected through the addition of Custom Fields (through customised development for a Travel Company) is the ownership of the Travel Company.

The Travel Company must not modify the physical or digital copies of any Trip Member data the Travel Company prints off or downloads in any way, and the Travel Company must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

TRIP CONTENT

The Travel Company understand that the Services may provide the Travel Company with the ability to upload, post, transmit, share, store, distribute, disseminate or otherwise make available (“post”) information such as data files, written text, computer software, music, audio files, photographs, or words, sounds, images or videos (“Trip Content”). The Travel Company warrant that the Travel Company own or have the right to use and post such Trip Content through the Services and the Travel Company possess the records and evidence to support this. The Travel Company agree that the Travel Company will not post inaccurate, misleading or false Trip Content on the Services and if, subsequently, this Trip Content becomes obsolete, inaccurate or false, the Travel Company will promptly update or remove the Trip Content.

The Travel Company agree that the Travel Company are solely responsible for any Trip Content that the Travel Company post while using the Services and are solely responsible for any damage the Travel Company incur or cause any other person or entity as a result of that Trip Content and the Travel Company agree to keep SafeTravels indemnified with respect to same.

If the Travel Company are posting information about another person, such as Trip Members on a specific Trip, the Travel Company warrant to SafeTravels that the Travel Company have that person’s prior consent to post their information on the Services.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Trip Companies are those of the respective author(s) or distributor(s) and not of SafeTravels.

Trip Content will remain available to the Travel Company and Trip Members for a period of 12 months past the conclusion of the Trip. All documents (pdf’s) uploaded to the Trip Management Platform as part of the Trip Content will be removed from the Trip Management Platform for a period of 3 months past the conclusion of the Trip.

PROHIBITED USE

In using the Services, the Travel Company agree that the Travel Company will not:

post any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;

post any information that promotes discrimination, bigotry, racism, hatred, harassment, harm or violence against any individual or group;

use the Services in connection with advertising and promotions, surveys, contests, pyramid schemes, chain email, junk email, spamming or any duplicative or unsolicited messages;

attempt to probe, test or penetrate the vulnerability of any Services systems;

post or otherwise make available information that contain images, photographs, software or other material protected by intellectual property laws, including, but not limited to, copyright or trade mark laws unless the Travel Company own or control the rights thereto or have received all necessary authorisation and consent to do same;

use any material or information, including but not limited to, words, images, sounds and videos, which are made available through the Services in any manner that infringes any copyright, trade mark, patent, trade secret, or other proprietary right of any party;

upload files that contain viruses, Trojan horses, worms or any other similar harmful software or programs that may damage the operation of another person’s computer or electronic device;

download any data or information posted by another Member that the Travel Company know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in any such manner;

modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, sublicense, transfer, assign, rent, sell or otherwise convey any information, software, products or services obtained from the Services without the prior written consent from SafeTravels;

disassemble, decompile or otherwise reverse engineer all or any portion of the Services or Trip Content;

impose or attempt to impose an unreasonable disproportionately large load, as determined by SafeTravels in its sole discretion, on the Services’ infrastructure;

interfere or attempt to interfere with the normal course and process of the Services;

bypass any computer systems or secured networks connected to the Services;

violate any applicable laws or regulations or other guidelines which may be applicable;

harvest or otherwise collect information about others;

create a false identity for the purpose of misleading others;

use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Members or usage information; or

do any other act that may constitute an improper use of the Services, as determined by SafeTravels in its sole discretion.

AFFILIATE LINKS

The Services may link to SafeTravels’ affiliate booking partners. The Travel Company acknowledge that SafeTravels is not responsible for any third-party websites or resources linked to the Services, in particular with respect to its availability or accuracy of the website and the quality of Trip Content, products or services on the website. Links to these websites do not constitute endorsement by SafeTravels.

The Travel Company acknowledges sole responsibility and bears all risks arising from the Travel Company’s use of such websites and resources. SafeTravels make no representation about any other website the Travel Company access through this one. Please understand other websites are independent from our sites so we do not accept responsibility for such websites.

The Travel Company acknowledges and agrees that it does not have any claim to any revenue generated by SafeTravels for the provision of links to SafeTravels’ affiliate booking partners.

SUPPORT

SafeTravels will serve as the point of contact for all inquiries and support requests from the Travel Company’s Trip Members. Support is offered through an in-mobile application functionality and via email.

SafeTravels aims to respond to support requests within 24 hours from the lodgment of the support request during Business Days.

SafeTravels will use all commercially reasonable efforts to provide technical support, including:

provision of instructions and held in emergency cases relating to the Services;

help resolve blocking issues; and

help identify the nature of issues and propose solutions.

INTELLECTUAL PROPERTY

All rights (including copyright) in the content and compilation of the Services (including text, graphics, logos, button icons, video images, audio clips and software) as well as Trip Member data are reserved by SafeTravels.

SafeTravels retains all rights, title and interest in and to the Services. Nothing the Travel Company do on or in relation to the Services will transfer any:

business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright;

right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to the Travel Company.

The Travel Company acknowledges and agrees that the Trip Content the Travel Company post on the Services is owned and controlled by the Travel Company. The Travel Company grants SafeTravels a non-exclusive license to use the Trip Content for the purpose of running the Services.

The Travel Company may not, without the prior written permission of SafeTravels and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Trip Content of, or create a derivative work from the Services for any purpose. This prohibition does not extend to materials on the Services which are freely available for re-use or are in the public domain.

SafeTravel’s Intellectual Property must not be used in connection with a product or service that is not affiliated with SafeTravels or in any way brings SafeTravels in disrepute.

SafeTravels has the right to include a reference to the Travel Company and its logo on the SafeTravels website, and in marketing literature, labeling, and in promotional materials, including any press releases relating to the Travel Company’s use of the Services. However, the Travel Company may not include any references to SafeTravels, its logo, or issue any press releases regarding its use of the Services without the prior written consent of SafeTravels. Either party may re-publish information contained in a previously approved press release, including on a party’s website or marketing materials.

PRIVACY

The Travel Company’s use of the Services is governed by SafeTravel’s Privacy Policy.

GENERAL DISCLAIMER

Use of the Services is at the Travel Company’s own risk. The Services are provided to the Travel Company “as is” and “as available” without warranty or condition of any kind. None of SafeTravel’s affiliates or directors, officers, employees, agents, contributors, third party content providers or licensors makes any express or implied representation or warranty about, or shall be liable, in contract, tort (including negligence) or otherwise, for any direct, indirect, special or consequential loss, damages or reliance in connection with the Services, its use or the Trip Content. This includes (but is not restricted to) loss or damage the Travel Company might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

the accuracy, suitability or currency of any information on the Services, or any of its Trip Content (including third party material and advertisements on the Services);

costs incurred as a result of the Travel Company using the Services;

of any failure to complete a transaction, or any loss arising from e-commerce transacted on the Services; and/or

for any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

LIMITATION OF LIABILITY

SafeTravel’s total liability to the Travel Company for loss, damage or reliance shall be limited to the re-supply of the information or Services or payment of the amount paid by the Travel Company for accessing the Services.

The Travel Company expressly understand and agree that SafeTravels and its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to the Travel Company for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by the Travel Company, however caused and under any theory of liability. This shall include, but is not limited to, any personal, commercial, reputational or any other tangible or intangible loss (whether incurred directly or indirectly).

SafeTravels does not control and is not responsible for Trip Content that the Travel Company posted through the Services and is not responsible for any offensive, inappropriate, obscene or unlawful Trip Content the Travel Company may encounter on the Services. SafeTravels do not endorse the any of the Trip Content, and expressly disclaim any and all liability in connection with them. In no event shall we be liable for any claims by a third party in tort or contract, or pursuant to the Competition and Consumer Act 2010 (Cth) including, but not limited, to any misleading statements made and/or incorporated into any Trip Content posted on the Site or Services. It is the Travel Company’s sole responsibility to ensure the accuracy of the data inputted.

By agreeing to receive access privileges to Trip Member data and Emergency Profiles the Travel Company acknowledges and agrees that such information may include information governed by the Privacy Act 1988 (Cth). SafeTravels is not liable for any loss the Travel Company may suffer as a result of or in consequence of that Travel Company being granted access to the Trip Member data and Emergency Profiles.

The Travel Company acknowledges that SafeTravels is not providing medical information or substituting the advice of health care professionals. All Trip Content is designed to supplement, and not replace, the advice of health care professionals.

Trip Member data and Emergency Profiles (including but not limited to the Trip Members’ personal information, health information or sensitive information as defined under the Privacy Act 1988 (Cth)), may be transmitted to, stored in and retrieved from single or multiple computer servers located inside or outside of Australia. While SafeTravels exercises caution and discretion in selecting reputable servers and will make reasonable attempts to securely transfer data, the Travel Company agrees that SafeTravels will not be held liable at all for any loss the Travel Company or anyone else may suffer as a result of such data transmission, storage or retrieval or the failure of servers. The Travel Company acknowledges and agrees this is necessary for the purpose of providing Services to the Travel Company.

The Travel Company have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with the Travel Company’s usage of the Services and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Services. The Travel Company must not assign or otherwise dispose of Travel Company account to any other person.

INDEMNITY

As a condition of the Travel Company’s access to and use of the Services, the Travel Company agree to indemnify SafeTravels, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Trip Content the Travel Company post through the Services;

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Trip Content posted about the Travel Company through the Services with the Travel Company’s consent;

any inaccurate, misleading or false Trip Content the Travel Company post of the Services about itself or any other person; and/or

any direct or indirect consequences of the Travel Company accessing, using or transacting on the Services or attempts to do so and any breach by the Travel Company or the Travel Company’s agents of these Travel Company Terms.

This indemnification section survives the expiration of the Travel Company’s registration, and applies to claims arising both before and after the registration ends.

DISPUTE RESOLUTION
If a dispute arises out of or relates to the Services, except where urgent interlocutory relief is sought, neither party may commence legal proceedings unless:

the party claiming a dispute has given written notice of the dispute to the other; and

both parties endeavor, in good faith, to resolve the dispute expeditiously by any means upon which they mutually agree.

If the dispute remains unresolved within 30 days after notice has been given under 15.1, the parties agree that a mediator will be appointed by the President of the Law Institute of Victoria or his/her nominee and the parties will bear the costs associated with the mediation equally. If the dispute is not resolved via mediation, either party may institute legal proceedings concerning the subject matter of the dispute.

During any mediation or other legal proceedings, both parties may be represented by a duly qualified legal practitioner.

TERMINATION OF CONTRACT

The Travel Company Terms will continue to apply until terminated by expiry pursuant to a SafeTravels Service Agreement or as set out below.

A “zero balance” of Tour Credits does not mean that these Travel Company Terms are terminated. If the Travel Company wants to terminate the Travel Company’s legal agreement with SafeTravels, the Travel Company may do so by terminating the Travel Company’s Registration by using the “close my account” function within the Services.

The Travel Company’s Registration may be automatically renewed at the end of each period unless the Travel Company cancels the Travel Company’s Registration before the end of the current period. Where the Travel Company’s Registration is renewed, the Travel Company authorises SafeTravels and its third party payment processors to charge the Travel Company’s credit card for the fees associated with the Registration (if any) for the renewed period.

SafeTravels may terminate its legal agreement with the Travel Company at any time if:

the Travel Company have breached any provision of the Travel Company Terms or indicated that the Travel Company intend to breach any provision of the Travel Company Terms;

it is required to do so by law;

the Services are no longer provided in the country in which the Travel Company are resident or from which the Travel Company use the Services; or

the provision of the Services to the Travel Company is, in SafeTravels sole opinion, no longer commercially viable.

Clauses relating to indemnification, warranty, and limitation of liability will survive termination for any reason whatsoever.

NO WAIVER

If we fail, at any time, to insist upon strict performance of the Travel Company’s obligations under these Travel Company Terms, or if we fail to exercise any of the rights and remedies we are entitled to under these Travel Company Terms, this will not constitute a waiver of such rights or remedies and it will not relieve the Travel Company from compliance with the Travel Company’s obligations.

If we waive a default, it does not constitute a waiver of any subsequent defaults.

FORCE MAJEURE

SafeTravels shall be under no liability to the Travel Company in respect of anything that, if not for this provision, would or might constitute a breach of these Travel Company Terms, where this arises out of circumstances beyond our control, including but not limited to:

acts of god;

natural disasters;

sabotage;

accident;

riot;

shortage of supplies, equipment, and materials;

strikes and lockouts;

civil unrest;

computer hacking; or

malicious damage.

SEVERABILITY

If any court decides that any of the provisions of these Travel Company Terms are invalid, unlawful or unenforceable to any extent, that term will, to that extent only, be severed from the remaining Travel Company Terms. The rest of these Travel Company Terms will continue to be valid.

ENTIRE AGREEMENT

These Travel Company Terms, and the documents expressly referred to in them, constitute the entire agreement between the Travel Company and SafeTravels, and supersede all previous discussions, correspondence, negotiations, previous arrangements, understanding or agreement between us relating to the Services.

SafeTravels each acknowledge that, in entering into these Travel Company Terms, neither of us relies on, and subsequently will have any remedies for, any representation or warranty that is not set out in these Travel Company Terms.

GOVERNING LAW AND JURISDICTION

The Services offered by SafeTravels are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Services, the Travel Company agree that these Travel Company Terms will be governed by the laws of Victoria, Australia and the exclusive venue for resolving any dispute shall be in the Courts of Victoria.

If any part of these Travel Company Terms is found to be invalid or unenforceable, it shall be severed to the extent possible without affecting the remainder.

UPDATES TO THESE TRAVEL COMPANY TERMS

SafeTravels reserve the right, in our discretion, to correct any errors or omissions in any part of the Services. SafeTravels may restrict access to parts or the entire Services at any time, including, but not limited to, Trip Content, certain features and Services, hours of availability, and equipment needed for access or use, without notice or liability.

Any material on the Services may be out of date at any given time and we are under no obligation to update such material.

SafeTravels reserve the right, in our sole discretion, to change, modify, add or remove any part of these Travel Company Terms, in whole or in part, at any time. Notification of the changes to these Travel Company Terms will be posted on the Services and will be effective immediately, unless expressed otherwise.

It is the Travel Company’s sole responsibility to periodically check these Travel Company Terms for any changes. If the Travel Company do not agree with any of the changes to these Travel Company Terms, it is the Travel Company’s sole responsibility to deregister from the Services. The Travel Company’s continued use of the Services will be deemed as the Travel Company’s acceptance thereof.

SafeTravels may assign or sublicense any of our rights or obligations under these Travel Company Terms at any time, without obtaining the Travel Company’s consent.

INDEPENDENT LEGAL ADVICE

The Travel Company agrees that the Travel Company have had the opportunity to obtain independent legal advice for any provisions of these Travel Company Terms which the Travel Company do not fully understand.

SafeTravels contact information:
SafeTravels Administration
6/26 Vautier Street
Elwood VIC 3184
Australia
Email: hello@safetravels.com

Last updated on: 13 July 2015


CUSTOMIZE

White-label app for Android
and iOS.

Remove all SafeTravels branding and make the service your own.

Adjust the features to match the unique needs of your company.


Try Today for Free

No matter your market, Safe Travel can help you connect with and
grow your customer base


I AM A
Travel Agent
GET STARTED HERE

I AM A
Activity Provider
GET STARTED HERE




Try Today for Free

No matter your market, Safe Travel can help you connect with and
grow your customer base



Travel Agencies

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur.

I AM A
Travel Agent
GET STARTED HERE


Activity Providers

Sed ut perspiciatis unde omnis iste natus error sit voluptatem accusantium doloremque laudantium.

Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugit, sed quia consequuntur magni dolores.

I AM A
Activity Provider
GET STARTED HERE