1. Primer to Terms and Conditions
- These Terms and Conditions relate to the www.thegoto.app, various versions of “GoTo” mobile software applications, and other technology platforms (collectively “the Platforms”) operated by GOTO WORLD PTY LTD ABN 88 653 756 917 (“GOTO”), which provide users with access to a range of services, including travel related services (the “Services”).
- The Platforms are operated by GOTO. Access to and use of the Platforms, or any of its associated Products or Services, is provided by GOTO. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Platforms, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Platforms, or any of its Services, immediately.
- GOTO reserves the right to review and change any of the Terms by updating this page at its sole discretion. When GOTO updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Platforms. You may also accept the Terms by clicking to accept or agree to the Terms if/where this option is made available to you by GOTO in the user interface.
3. Registration to use the Services
- In order to access the Services, you must first register for an account through the Platforms (the ‘Account‘).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
i. Email address;
ii. Preferred username;
iii. Mailing address;
iv. Telephone number;
vi. Payment information;
vii. Details regarding travel documents, including passports, visas and the like;
viii. CVs, resumes, and other information/documentation you to provide in the context of employment applications;
ix. Vaccination status;
x. Other forms of personal information, including information required for the delivery of the Services, and/or for the delivery of third party services made available via the Platforms.
- You warrant that any information you give to GOTO in the course of completing the registration process (and afterwards) will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Platforms (‘Member ‘) and agree to be bound by the Terms.
- You may not use the Services and may not accept the Terms if:
i. you are not of legal age to form a binding contract with GOTO; or
ii. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
- As a Member, you agree to comply with the following:
i. you will use the Services only for purposes that are permitted by:
1. the Terms; and
2. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
ii. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
iii. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify GOTO of any unauthorised use of your password or email address or any breach of security of which you have become aware;
iv. access and use of the Platforms are limited, non-transferable and allows for the sole use of the Platforms by you for the purposes of GOTO providing the Services;
v. you will not use the Services or the Platforms in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of GOTO;
vi.you will not use the Services or Platforms for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Platforms;
vii. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Platforms without notice and may result in termination of the Services. Appropriate legal action will be taken by GOTO for any illegal or unauthorised use of the Platforms; and
viii. you acknowledge and agree that any automated use of the Platforms or its Services is prohibited.
5. Travel Requirements
i. All passengers require a valid passport for international travel. This means the passport must be valid for a set minimum period beyond your travel dates (the required minimum period depends on the country or countries you visit).
ii. Please ensure you have a valid Passport well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
i. A visa provides you with the authority as a non-citizen to travel to another country. Some countries will not allow you to enter without a visa, or in some cases, without proof of a return or onward electronic or paper ticket.
ii. Please ensure you have a valid Visa (as applicable) for all the countries you are travelling to which require a visa well in advance of travel as either the airline staff or immigration authorities will not allow you to pass through customs and board your flight without this documentation.
6. Third Party Services
- The Services provided by GOTO include facilitation of access to third party services (“3P Services”). from third party suppliers (“3P Providers). Examples of 3P services include, but are not limited to, the following:
i. Banking and financial services, provided by financial institutions.
ii. Telecommunications services (for example SIM cards), provided by telecommunications service providers.
iii. Accommodation services, provided by accommodation service providers.
iv. Transportation services, provided by transportation service providers.
v. Tour services, provided by tour service providers.
vi. Employment services, provided by employers and/or employment service providers.
vii. Superannuation services, provided by superannuation services providers.
viii. Education servicers, provided by education service providers.
ix. Insurance, provided by insurance service providers.
x. Immigration and visa services, provided by a relevant service provider.
xi. Taxation and accounting services, provided by accounting service providers.
- GOTO is not a supplier for any 3P Services provided via the Platforms; GOTO is the agent of 3P Providers who provide such 3P Services, which can be booked/purchased via the Platforms. GOTO/ GOTO does not act as your agent when you book 3P Services through the Platforms.
- When booking or purchasing a 3P Service (including as part of a package offered by GOTO) GOTO acts on behalf of the 3P Provider to accept your booking and payment. Each booking you make forms a contract between you and the applicable 3P Provider and is subject to any terms and conditions, including conditions of carriage and limitations of liability (“Product Terms), imposed by the 3P Provider. 3P Providers provide the 3P Services based on their respective Product Terms, which are set at the discretion of the relevant 3P Providers, and subject to change. We recommend that you read the Product Terms before finalising your booking. GOTO can provide you with copies of the relevant terms and conditions on request.
- In respect of any and all 3P Services, you must accept and agree to the Product Terms of the respective 3P Provider(s) to complete your booking. You should carefully read the Product Terms specific to the applicable 3P Services before completing your booking.
- Your legal rights and remedies in connection with the provision of the 3P Services you book are against the relevant 3P Provider(s) and, except to the extent a problem is directly and primarily caused by fault on the part of GOTO, are not against GOTO. Specifically, if for any reason (excluding fault on the part of GOTO) any Supplier is unable to provide the 3P Services for which you have contracted either at all, or to the requisite standard, your remedies are against that Supplier and not against GOTO. However, GOTO’s customer service team will assist you should you have an issue with a 3P Provider or the 3P Services and services they provide to you.
- You provide consent for GOTO to provide any of your personal information to 3P Providers as relevant in the context of facilitating access to the 3P Services. This may include your payment information.
- Packages made available by GOTO combine various 3P Providers’ 3P Services.
7. Matchmaking Services
- The Services provided by GOTO include matchmaking services, whereby GOTO facilitates the connection of multiple users of the Services to facilitate interpersonal interactions (for example to enable users to travel together and/or share resources). Such interpersonal interactions are entirely the responsibility, and performed with the individual consent, of the users involved, and GOTO assumes no responsibility or liability for any such interpersonal interactions.
- Matchmaking services include connection of users for purposes including carpooling, sharing of resources, meeting other users, sharing of accommodation, and other purposes.
- Matchmaking services provided by the Platforms may only be used by individuals aged 18 or over. Registration on the platform by a minor is strictly prohibited. In accessing, using or registering on the Platform, you represent and warrant that you are aged 18 or over.
- In relation to matchmaking services which lead to sharing of vehicles (e.g. via a carpooling arrangement negotiated between Users of the Platforms), GOTO has no control over the behaviour of its Users including the users of GOTO matchmaking services. For example, GOTO does not own, exploit, supply or manage any vehicles, and acts only as a matchmaking intermediary. In its capacity of intermediary, GOTO does not provide any transport service and does not act in the capacity of a carrier; the role of GOTO is limited to facilitating access to the GOTO Platform. Users act under their sole and full responsibility. In its capacity of intermediary, GOTO cannot be held liable for any aspects of transportation organised between Users of the Platforms whatsoever, including owing to:
i. erroneous information communicated by one User to another User;
ii. failure of one User to fulfill a commitment made to another User, including a commitment to provide transport and/or a commitment to provide payment;
iii. the behaviour of any User in the context of any interaction between Users of the Platforms.
8. Employment Matchmaking Service
- As a subset of the matchmaking services provided by the Platforms, the Platforms may provide various Receiver/Provider style services, whereby the Platforms connect one user in a role as Receiver with another user in a role as a Provider.
- An example of Receiver/Provider style services is an Employment Matchmaking Service.
- For the Employment Matchmaking Service, a User may identify as either an Employer or an Applicant.
- For a User identifying as an Employer:
i. the Employer will provide Credit Card Information, and provides approval for GOTO to levy charges using that Credit Card Information in connection with the Services;
ii. the Employer will be provided with functionality to input details of an Employment Opportunity;
iii. the Platform will identify Applicants potentially suitable for the Employment Opportunity (Candidates);
iv. the Platform will provide non-identifying details of the Candidates to the Employer;
v. The Employer will be enabled to select one or more Candidates (Selected Candidates);
vi. For each Selected Candidate: (A) the Platform will apply a Fee of AUD 5 per match against the Employer; and (B) the Platform will provide the Employer with information to enable contact between the Employer and the Selected Candidate;
vii. On a monthly basis, GOTO will charge the Employer using the credit Card Information for all Fees incurred during a preceding period.
9. Tours and Events
- The Services include tours and events, whereby a user engages in an Activity coordinated by a representative of GOTO.
- You acknowledge that the nature of the Activity may involve a degree of personal risk, and accept any such risks.
- Some Activities include opportunities for participants to consume alcohol at their own discretion. GOTO urges all participants to drink responsibly and cannot accept any responsibility or liability if participants drink excessively, resulting in damages, ill health, injury or death.
- All participants are responsible for their own safety and well-being during Activities coordinated by a representative of GOTO (in absence of a 3P Provider). GOTO will do its best to ensure that participants safely attend a variety of localities. However, GOTO cannot mitigate every eventuality and as such, GOTO Activities may involve an element of possible risk. All participants acknowledge these risks and attend Activities of their own accord and solely at their own risk.
10. User Verification
- GOTO may, for the purposes of transparency, improving trust, or prevention or detection of fraud, set up a system for verification of some of the information you provide on your profile. This is notably the case when you enter your telephone number or provide us with an Identity document.
- You recognise and accept that any reference on the Platforms or the Services to “verified” information, or any similar term, means only that a Member has successfully passed the verification procedure existing on the Platform or the Services in order to provide you with more information about the Member with whom you are considering travelling. GOTO cannot guarantee the truthfulness, reliability or validity of the information subject of the verification procedure.
- You acknowledge and agree that GOTO may receive a commission or an affiliate fee or a marketing fee from Bookings and other transactions entered into by you using the Services or Platforms.
- Where the option is given to you, you may make payment for the Services (the ‘ Services Fee’) by way of:
i. Credit Card Payment (‘Credit Card‘)
ii. PayPal (‘PayPal‘)
iii. Other electronic payment means, as made available from time to time.
- Various payments made in the course of your use of the Services are made using a payment gateway. In using the Platforms, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the payment gateway terms and conditions which are available on their platforms.
- You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
- Various payments made in the course of your use of the Services are made using Stripe. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their Application.
- You agree and acknowledge that GOTO can vary the Services Fee at any time.
13. Refund Policy
- GOTO will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of GOTO makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund‘).For 3P Services, Each booking you make forms a contract between you and the applicable 3P Provider and is subject to any terms and conditions, and refunds will be handled in the context of that contract between you and the 3P Provider.
14. Copyright and Intellectual Property
- The Platforms, the Services and all of the related products of GOTO are subject to copyright. The material on the Platforms are protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Platforms (including but not limited to text, graphics, logos, button icons, video images, audio clips, Platforms, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by GOTO or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by GOTO, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
i. use the Platforms pursuant to the Terms;
ii. copy and store the Platforms and the material contained in the Platforms in your device’s cache memory; and
iii. print pages from the Platforms for your own personal and non-commercial use.GOTO does not grant you any other rights whatsoever in relation to the Platforms or the Services. All other rights are expressly reserved by GOTO.
- GOTO retains all rights, title and interest in and to the Platforms and all related Services. Nothing you do on or in relation to the Platforms will transfer any:
i. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
ii. right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or a 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 you.
- You may not, without the prior written permission of GOTO 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 Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Platforms, which are freely available for re-use or are in the public domain.
16. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
i. all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
ii. GOTO will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Platforms and the Services is at your own risk. Everything on the Platforms and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of GOTO make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of GOTO) referred to on the Platforms, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
i. 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;
ii. the accuracy, suitability or currency of any information on the Platforms, the Services, or any of its Services related products (including third party material and advertisements on the Platforms);
iii. costs incurred as a result of you using the Platforms, the Services or any of the products of GOTO; and
iv. the Services or operation in respect to links which are provided for your convenience.
17. Limitation of liability
- GOTO’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that GOTO, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
18. Termination of Contract
- The Terms will continue to apply until terminated by either you or by GOTO as set out below.
- If you want to terminate the Terms, you may do so by:
i. providing GOTO with 30 days’ notice of your intention to terminate; and
ii. closing your accounts for all of the services which you use, where GOTO has made this option available to you.Your notice should be sent, in writing, to GOTO via the ‘Contact Us’ link on our homepage, or other such functionality available via the Platforms.
- GOTO may at any time, terminate the Terms with you if:
i. you have breached any provision of the Terms or intend to breach any provision;
ii. GOTO is required to do so by law;
iii. the provision of the Services to you by GOTO is, in the opinion of GOTO, no longer commercially viable.
- Subject to local applicable laws, GOTO reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Platforms or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts GOTO’s name or reputation or violates the rights of those of another party.
- You agree to indemnify GOTO, its affiliates, employees, agents, contributors, third party content providers, licensors and 3P Providers from and against:
i. 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 Your Content;
ii. any direct or indirect consequences of you accessing, using or transacting on the Platforms or attempts to do so; and/or
iii. any breach of the Terms.
20. Dispute Resolution
- Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
- Notice: A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
- Resolution: On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties ‘) must:
• Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
• If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Law Society of NSW or his or her nominee;
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
• The mediation will be held in Sydney, Australia.
- Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation: If 30 Days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
21. Venue and Jurisdiction
- In the event of any dispute arising out of or in relation to the Platforms, you agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
22. Governing Law
- The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
GoTo World Pty Ltd (ABN 88 653 756 917)