Terms of Service - User Agreement
This website located at https://youlivetotravel.com and the YouLi application located at https://youli.io (“Websites”) are owned and operated by us, (“we”, “us”). These terms also apply to any sub-domains and the YouLi Trip Mobile app.
YouLive to Travel provides a digital platform that empowers Professional Planners and Travel Businesses to manage their Trips and Travelers by creating personalized trip pages to keep all the information about trip schedules, payments and tasks in one place.
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Planners should read our User terms (this document) as well as our Planner Terms and Conditions. If you’ve been invited on a trip, please read on, these terms are for you.
These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Website. You can contact us at [email protected]
By using the Website you acknowledge and agree that you have read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Website.
In these Terms the following definitions shall apply:
“Content” means any and all text, artwork, drawings, photographs, audio materials, visual materials, audio/visual materials, software, and graphic user interface design that appear on the Website;
“Planner” means a person or company using the platform to provide services;
“Invitee” means you or any other person who is invited to the Planner’s Trip;
“Registration Data” means information provided by you to us in order to register to access certain sections of this Website, including but not limited to name, date of birth, gender contact details;
“Response Details” means information provided by you to us in order to inform the planner of your plans and preferences so they can support you;
“Trip” means the trip created by Planners on the Website for Website users;
“Invitation” or “Magic Link” means a personalised URL that provides authorization to view and update your Registration Data and Response Details; and
“Membership Details” means all information associated with your Invitation
2. Licence to use Website
2.1 We grant you a non-exclusive, worldwide, non-transferable licence for 12 months to use the Website in accordance with the terms and conditions set out in this Agreement, at the end of which the license will automatically and continuously renew for subsequent 12 month terms until such time when you or we terminate these Terms as described below.
2.2 You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner.
2.3 You must not add any Content to the Website:
(a) unless you hold all necessary rights, permissions, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Website, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
2.4 We reserve the right at our sole discretion to remove or modify any Content added by you to the Website at any time.
2.5 Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites
2.6 The Website contains links to other websites as well as Content added by people other than us. We do not endorse, sponsor or approve any such user generated Content or any Content available on any linked website.
2.7 You may share and embed links from our Website on third party websites however we wholly reserve the right to remove and/or to request the removal of any such links at our sole discretion.
2.8 You may share your invitation to a Trip (“Invitation”) with a third party. Sharing the Invitation does not constitute providing a new Invitation to that third party, but rather gives the third party access to view your Invitation.
2.9 You will exercise care when sharing your Invitation with third parties, and must only share Invitations with parties that you trust will use the Invitation in a normal and responsible manner and you agree to indemnify us from their use in accordance with clause 12.
2.10 Except as expressly permitted by these Terms, any:
(a) modification or other use;
(b) sale; or
(c) redistribution in any form or medium of the Content is prohibited without the prior written permission of us.
2.11 You acknowledge and agree that:
(a) we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion; and
(b) the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
3. Intellectual Property Rights
3.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
3.2 Notwithstanding 3.1, you retain the intellectual property rights that you already held over any Content before you submitted, posted or displayed it on the Website. You grant us a limited license over that Content. Other than this limited license, we agree that we obtain no additional rights over that Content.
3.3 You agree that we have a royalty-free, irrevocable, and worldwide license (for as long as your Content is stored with us) to use that Content referred to in 3.2, including to display, communicate to the public, change (including for technical reasons), reproduce, and distribute that Content. We may also elect not to display, post, or store that Content.
3.4 You consent to any act or omission, which would otherwise constitute an infringement of your moral rights, and if you add any Content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
3.5 The licence in clause 3.2 will survive any termination of these Terms.
4.1 To access certain parts of this Website, you must register or be registered by a Planner as an Invitee by providing us with certain Registration Data as requested.
4.2 If you are under the age of 12 years, you may not create an account or register as an Invitee. You also may not create an account or register as an Invitee any person other than yourself who is under the age of 12 years.
4.3 If you are 12 or older but under the age of 18, or if you are registering for any person older than 12 but under 18, you represent that you have reviewed these Terms with your or their parent or legal guardian to make sure that you and your or they and their parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:
- exercise supervision over the Minor’s use of our website and account;
- assume all risks associated with the Minor’s use of our website and their account, including the transmission of content or information to and from third parties via the Internet;
- ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;
- assume liabilities resulting from the Minor’s use of our website and their account
- ensure the accuracy and truthfulness of all information submitted by the Minor; and
- provide the consents contained in these Terms on behalf of the Minor.
- We may ask you to confirm that you have your parent’s or guardian’s permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.
4.4 In the event that you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the verity, completeness and accuracy of your Registration Data as necessary and/or as required by us.
4.5 If you do provide us with Registration Data, including if you have provided someone else with information, which they then provide to us as Registration Data:
(a) you may receive emails from us confirming the details of your registration and any purchases from the Website made by you, and providing you with necessary information relating to your access and use of the Website and any purchases from the Website made by you;
(b) from time to time we may e-mail you with messages about our services we believe may be of interest to you, such as requests for feedback, new products, features, services, special offers and updated information. The newsletters may contain code that enables our database to track your usage of the newsletters, including whether the e-mail was opened and/or what links (if any) were clicked. We may combine that information with other information we have about you and may use that information to improve your site experience and/or provide customised e-mail communications to you. You may unsubscribe from these messages at any time;
5. Personal Information
5.2 We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. We may also disclose your personal information to recipients that are located outside of Australia, including to entities of our choosing in countries of our choosing.
(i) how we store and use, and how you may access and correct your personal information;
(ii) how you can lodge a complaint regarding the handling of your personal information; and
6. Username and password
6.1 In the event that you do register with us as an invitee you will be provided with an invitation or “Magic Link” which you can then use to access certain parts of the Website to provide updated Registration Data and Response Details, including but not limited to flight information, accommodations and other preferences.
6.2 You agree not to share, publish, post to another website or otherwise allow access to Magic Link to any other individual or entity unless you intend for them to act on your behalf.
6.3 You must ensure the security and confidentiality of your Magic Link. You are wholly responsible for all activities, which occur, under your invitation. You agree to immediately notify us of any unauthorised use of your invitation or any other breach of security.
6.4 We reserve the right to suspend or terminate your membership to the Website or access to any and/or all parts of the Website at our sole discretion, including if we believe you are abusing the services in any way, have breached these Terms or are no longer an active user of this Website.
6.5 You acknowledge, consent and agree that we may access, preserve, and disclose your Registration Data and Response Details if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with any legal process;
(b) enforce these Terms;
(c) respond to your requests for customer service; or
(d) protect the rights, property, or personal safety of us, our users and/or the public.
7.1 Certain Content on our Website may only be accessible if you are registered with us and pay certain access fees (“Fees”).
7.2 Fees will only be refunded by crediting the account linked to your original payment in the event of any over-charge by us, or otherwise at our sole discretion.
7.3 No refunds will be made in the case of loss of your Membership Details or unlawful use of your account or Membership Details, or any other breach of these Terms by you.
8. Promotions and Competitions
For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
9.1 You use this Website at your own risk.
9.2 Content and other information on this Website is provided as general information only. It is not intended as advice and must not be relied upon as such.
9.3 We do not make any representations or warranties as to the reliability, accuracy or completeness of the Content on this Website, nor do we accept any responsibility arising in any way from errors or omissions.
9.4 In order to use a Planner’s services, you must agree to the Planner’s terms and conditions of service, and agree that the delivery, or any shortfall in the delivery, of the Planner’s services is the Planner’s responsibility and not ours.
9.5 We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
10. Limitation of liability
10.1 To the full extent permitted by law, we exclude all liability for any direct or indirect damages in respect to any:
(a) loss of data;
(b) bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Website by any third party;
(c) errors, mistakes or inaccuracies of content;
(d) personal injury or property damage, of any nature whatsoever, resulting from access to and use of our Website;
(e) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(f) interruption of business or any consequential or incidental damages.
10.2 To the full extent permitted by law, any person or persons associated with us will not be taken to represent us and we exclude all liability for any claims arising out of their behaviour outside of our services.
10.3 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
10.4 These Terms are to be read subject to any legislation, which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
11. Your warranties to us
You represent and warrant to us as follows:
(a) you have the legal capacity to enter these Terms;
(b) you meet the minimum age requirements and legal capacity described in clause 4.2;
(c) you understand that all content on this Website is for informational purposes only;
(d) you understand and acknowledge that your conduct, including your use of this Website, is governed by laws in your jurisdiction(s) and that you must abide by those laws;
(e) you have complied with and will continue to comply with clause 2.3;
(f) you have all necessary rights to grant the licences and consents set out in clauses 3.2 and 3.3.
You agree to indemnify and hold us, our officers, directors, shareholders, employees and agents (each an “Indemnified Party”) harmless from and against all costs, damages, loss or expenses incurred by an Indemnified Party due to or arising out of or in connection with your (or a third party’s) use of the Website and/or any breach or non-performance of any of your agreements, representations, undertakings and warranties in this Agreement.
13.1 These Terms terminate automatically if, for any reason, we cease to operate the Website.
13.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
14. Image Delivery and Electronic Storage
On occasion, technical problems may delay access to our Website and/or our Content, and whilst we will endeavour to avoid and/or fix such problems, You agree that any such disruptions shall not constitute a breach of this Agreement.
You acknowledge and agree that any and all fees payable by you are exclusive of any applicable sales, use, withholding or other transactional taxes, including but not limited to any Goods and Services Tax payable pursuant to A New Tax System (Goods and Services Tax) Act 1999 (Cth). You agree that you will pay all such applicable taxes.
16.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
16.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
16.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
16.4 This Agreement is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreements. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.
16.5 This Agreement is governed by the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of Victoria.