1.1 Nagle Projects Pty Ltd ACN 626225170 as trustee for Nagle Family Trust (TraveLiaison) operates a digital marketplace and online platform that connects travellers who may wish to purchase travel products or services with travel agents and tour operators which offer and provide those products or services for sale.
Accepted Proposal means any Travel Proposal that a Traveller accepts by expressly requesting the Travel Agent to book the Travel Services the subject of the Travel Proposal.
Agent Agreement means the agreement between TraveLiaison and a Travel Agent governing the rights and obligations of those parties in relation to the Travel Agent’s use of the TraveLiaison Platform.
Content means all data, text, files, information, profiles, and other materials that a User submits, posts, or displays from time to time on or via the TraveLiaison Platform.
Travel Agent means a travel agent or tour operator which has created a User Account for offering and selling Travel Services to Travellers, including in response to a Traveller Request.
Traveller means a user who has created a User Account for posting requests for Travel Services.
Traveller Request means a request for quotation for Travel Services which a Traveller submits, posts, or displays on the TraveLiaison Platform.
Travel Proposal means a quote for Travel Services that a Travel Agent submits, posts, or displays on or via the TraveLiaison Platform in response to a Traveller Request.
Travel Services means the provision or sale of travel products and services, including flights, cruises, accommodation, and packaged tours.
User or You means a Travel Agent or Traveller (as the context requires).
User Account means the account created by a User to access the TraveLiaison Platform.
3.1 TraveLiaison operates the TraveLiaison Platform only. By operating the TraveLiaison Platform, TraveLiaison facilitates the connection of Travellers who may wish to purchase Travel Services with Travel Agents which offer and provide Travel Services. TraveLiaison does not sell, provide, or operate any Travel Services or otherwise endorse any User or any Content.
3.2 All interactions that may eventuate between Users for the provision of Travel Services are direct interactions without the involvement of TraveLiaison. You are solely responsible for your interactions with other Users. TraveLiaison has no obligation to assist or involve itself in any disputes between Users.
4.1 To access and use the TraveLiaison Platform TraveLiaison, you must create a User Account. You may only create a User Account if you are 18 or older. The email address you register when creating your User Account with will be your user name. You are responsible for keeping your username and password secret and secure.
4.2 A Traveller may close their User Account at any time by logging into their User Account and following the relevant instructions.
4.3 A Travel Agent may request TraveLiaison to close its User Account at any time by emailing firstname.lastname@example.org, subject to it:
(a) having satisfied all its obligations to Travellers in respect of Accepted Proposals for Travel Services; and
(b) paying all outstanding fees or commissions owing to TraveLiaison.
5.1 As a User you:
(a) represent that all information you provide upon creation of your User Account and at all other times will be true, accurate and complete and you agree to update your information as necessary to maintain its truth, accuracy, and completeness;
(b) are responsible for any activity that occurs through your User Account;
(d) may only use the TraveLiaison Platform for lawful purposes;
(e) must not submit, post, or display any Content on or via the TraveLiaison Platform that is defamatory or harassing in nature;
(f) must comply with all laws, rules, and regulations applicable to your use of the TraveLiaison Platform, including copyright laws; and
(g) resolve disputes with other Users directly with the relevant User.
5.2 If you are a User who is a Traveller, you:
(a) are solely responsible for the accuracy, reliability, veracity, completeness, and legality of all Content you submit, post, or display on or via the TraveLiaison Platform, including any Traveller Requests;
(b) are solely responsible for paying for an Accepted Proposal in accordance with the payment terms and conditions of the Accepted Proposal or as otherwise directed by the Travel Agent responsible for the Accepted Proposal;
(c) must not seek to circumvent the TraveLiaison Platform by engaging other than through the TraveLiaison Platform a Travel Agent which submits a response to a Traveller Request; and
(d) must notify TraveLiaison if a Travel Agent attempts to circumvent the TraveLiaison Platform by requesting the Traveller to send it information it requires to complete or execute a Travel Proposal using a means of communication other than the TraveLiaison Platform.
5.3 If you are a User who is a Travel Agent, you:
(a) are responsible for:
(i) any Travel Services you offer or sell to a Traveller, including those the subject of an Accepted Proposal;
(ii) the accuracy, reliability, veracity, completeness, and legality of all Content you submit, post, or display on or via to the TraveLiaison Platform, including all Travel Proposals; and
(iii) confirming the accuracy, reliability, veracity, completeness, and legality of all Traveller Requests;
(b) must promptly pay to TraveLiaison any commission you become liable for under the Agent Agreement;
(c) may only provide Travel Proposals in response to Traveller Requests if you can provide the Travel Services the subject of the Traveller Request; and
(d) must not attempt to circumvent the TraveLiaison Platform by requesting a Traveller to send it information it requires to complete or execute a Travel Proposal using a means of communication other than the TraveLiaison Platform, or otherwise submitting a Travel Proposal in response to a Travel Request outside the TraveLiaison Platform.
6.1 The TraveLiaison Platform contains content that TraveLiaison owns or licenses (TraveLiaison Content). Copyright, trademark, patent, trade secret and other laws protects TraveLiaison Content, and, as between you and TraveLiaison, TraveLiaison owns and retains all rights in the TraveLiaison Content and the TraveLiaison Platform. You must not copy or amend any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the TraveLiaison Content and you must not reproduce, modify, prepare derivative works based on, distribute, sell, license, or otherwise exploit the TraveLiaison Content.
6.3 You represent and warrant that:
(a) you own the Content you submit, post, or display on or via the TraveLiaison Platform or otherwise have the right to submit, post or display the Content; and
(b) the submitting, posting and display of your Content on or via the TraveLiaison Platform does not infringe on the rights of any third party, including privacy rights, publicity rights, copyrights, trademark, or other intellectual property rights.
You agree to indemnify TraveLiaison (and its officers, employees, and agents) against any claim, including legal fees and costs, made against TraveLiaison (or any of its officers, employees, or agents) by a third party arising out of or in connection with:
(b) your Content, including any infringement of any applicable laws or the rights of a third party that results from you submitting, posting, or displaying the Content on or via the TraveLiaison Platform;
(c) your misuse of the TraveLiaison Platform; and
(d) any information that you provide TraveLiaison which is false, misleading, or otherwise inaccurate or incomplete.
9.1 TraveLiaison makes no representations that a Travel Agent will respond to or fulfil a Traveller Request or that a Traveller will accept a Travel Proposal and disclaims any liability to you to the extent a User does not respond to, fulfil, or accept your Traveller Request or Travel Proposal.
9.3 The TraveLiaison Platform may contain links to third-party websites. You acknowledge and agree that TraveLiaison does not endorse such third-party websites or the Travel Services available for purchase on them and that to the extent permitted by law TraveLiaison disclaims liability to you for the content, advertising, and Travel Services made available for purchase on them.
9.4 Except for obligations TraveLiaison cannot exclude by law, in no event will TraveLiaison be liable to you for any special, consequential, or indirect loss arising in relation to your use of the TraveLiaison Platform or any Travel Services provided by a Travel Agent on or via the TraveLiaison Platform.