Terms & Conditions

1.1 These Terms apply to your use of the Service (as that term is defined below).

By setting up an account:

  1. you agree to these Terms; and
  2. where your access and use is on behalf of another person (e.g. a Company, Agency, Consortia), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

1.2 If you do not agree to these Terms, you are not authorised to access and use the Service, and you must immediately stop doing so.

2 CHANGES

2.1 We may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Service from the date on which the Terms are changed, you agree to be bound by the changed Terms.

2.2 These Terms were last updated on 11 November 2020.

3 INTERPRETATION

In these Terms:

Suki means the software owned by us that is used to provide the Service.

Confidential Information means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Service. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including Suki. Your Confidential Information includes the Data.

Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, Suki.

Fees means the applicable fees set out on our pricing pages on the Website at suki.travel or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 7.6.

Force Majeure means an event that is beyond the reasonable control of a party, excluding:

  1. an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
  2. a lack of funds for any reason.

including and similar words do not imply any limit.

Intellectual Property Rights includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.

Intellectual Property has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property.

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.

A party includes that party’s permitted assigns.

Permitted Users means your personnel who are authorised to access and use Suki on your behalf in accordance with clause 5.3

A person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity.

Personal information means information about an identifiable, living person.

Personnel includes officers, employees, contractors and agents, but a reference to your personnel does not include us.

Service means Suki having the core functionality described on the Website, as the Website is updated from time to time.

Start Date means the date that you set up an account.

Terms means these terms titled Suki Terms & Conditions.

Underlying Systems means Suki, IT solutions, systems and networks (including software and hardware) used to provide Suki, including any third party solutions, systems and networks.

We, us or our means Global Journeys Pty Ltd, trading as Suki Travel.

Website means the internet site at suki.travel, suki.social, sukitravel.com, or such other site notified to you by us.

Year means a 12-month period starting on the Start Date or the anniversary of that date.

You or your means you or, if clause 1.1b applies, both you and the other person on whose behalf you are acting.

Words in the singular include the plural and vice versa.

A reference to a statute includes references to regulations, orders or notices made under or in connection with the statute or regulations and all amendments, replacements or other changes to any of them.

4 PROVISION OF SUKI

4.1 We must use reasonable efforts to provide Suki:

  1. in accordance with these Terms and Australian Law;
  2. exercising reasonable care, skill and diligence; and
  3. using suitably skilled, experienced and qualified personnel.

4.2 Our provision of Suki to you is non-exclusive. Nothing in these Terms prevents us from providing Suki to any other person.

4.3 Subject to clause 4.4, We must use reasonable efforts to ensure Suki is available during normal business hours on a 24/7 basis. However, it is possible that on occasion Suki may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We must use reasonable efforts to publish on the Website advance details of any unavailability.

4.4 Through the use of web services and APIs, Suki interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.

5 YOUR OBLIGATIONS

5.1 You and your personnel must:

  1. use Suki in accordance with these Terms solely for:

    i) your own internal business purposes; and

    ii) lawful purposes, and

  2. not resell or make available Suki to any third party, or otherwise commercially exploit Suki.

5.2 When accessing Suki, you and your personnel must:

  1. not impersonate another person or misrepresent authorisation to act on behalf of others or us;
  2. correctly identify the sender of all electronic transmissions;
  3. not attempt to undermine the security or integrity of the Underlying Systems;
  4. not use, or misuse, Suki in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use Suki;
  5. not attempt to view, access or copy any material or data other than:

    i) that which you are authorised to access; and
    ii) to the extent necessary for you to use Suki in accordance with these Terms; and

  6. neither use Suki in a manner, nor transmit, input or store any Data, that breaches any third party right (including Intellectual Property Rights and privacy rights) or is Objectionable, incorrect or misleading.

5.3 Without limiting clause 5.2, no individual other than a Permitted User may access or use Suki. You may authorise any member of your personnel to be a Permitted User, in which case you must provide us with the Permitted User’s name and other information that we reasonably require in relation to the Permitted User. You must procure each Permitted User’s compliance with clauses 5.1 and 5.2 and any other reasonable condition notified by us to you.

5.4 A breach of any of these Terms by your personnel is deemed to be a breach of these Terms by you.

5.5 You are responsible for procuring all licences, authorisations and consents required for you and your personnel to use Suki, including to use, store and input Data into, and process and distribute Data through, Suki.

6 DATA

6.1 You acknowledge that:

  1. we require access to the Data to exercise our rights and perform our obligations under these Terms; and
  2. to the extent that this is necessary but subject to clause 9, we may authorise a member or members of our personnel to access the Data for this purpose.

6.2 You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 6.1.

6.3 You acknowledge and agree that:

  1. we may:
  2. i) use Data and information about users use of Suki to generate anonymised and aggregated statistical and analytical data; and
    ii) use analytical data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; and
    iii) supply analytical data to users of Suki;

  3. our rights under clause 6.3a above will survive termination of expiry of the Agreement; and
  4. title to, and all Intellectual Property Rights in, analytical data is and remains our property.

6.4 You agree that we may store Data (including any personal information) in secure servers in the USA, United Kingdom, Canada, Australia, New Zealand and may access that Data (including any personal information) in the USA, United Kingdom, Canada, Australia and New Zealand from time to time.

6.5 You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.

7 FEES

7.1 You must pay us the Fees.

7.2 We will provide you with valid tax invoices accessible on Suki or on request.

7.3 The Fees include GST and/or sales and state taxes, which you must pay on taxable supplies.

7.4 You must pay the Fees

  1. in accordance with the payment terms set out on our pricing page on the Website; and
  2. electronically in cleared funds without any set off or deduction.

7.5 We may increase the Fees by giving at least 60 days’ notice. If you do not wish to pay the increased Fees, you may terminate these Terms and your right to access and use Suki. If you do not terminate these Terms and your right to access and use Suki in accordance with this clause, you are deemed to have accepted the increased Fees.

8 INTELLECTUAL PROPERTY

8.1 Subject to clause 8.2, title to, and all Intellectual Property Rights in, Suki, the Website, and all Underlying Systems is and remains our property (and our licensors’ property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.

8.2 Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.

8.3 To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of Suki.

8.4 If you provide us with ideas, comments or suggestions relating to Suki or Underlying Systems (together feedback):

  1. all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and
  2. we may use or disclose the feedback for any purpose.

8.5 You acknowledge that Suki may link to third party websites or feeds that are connected or relevant to Suki. Any link from Suki does not imply that we endorse, approve or recommend, or have responsibility for, those websites or feeds or their content or operators. To the maximum extent permitted by law, we exclude all responsibility or liability for those websites or feeds.

9 CONFIDENTIALITY

9.1 Each party must, unless it has the prior written consent of the other party:

  1. keep confidential at all times the Confidential Information of the other party;
  2. effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and
  3. disclose the other party’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of, and complies with, clauses 9.1a and 9.1b.

9.2 The obligation of confidentiality in clause 9.1 does not apply to any disclosure or use of Confidential Information:

  1. for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
  2. required by law (including under the rules of any stock exchange);
  3. which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
  4. which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or
  5. by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause 9.

10 WARRANTIES

10.1 Each party warrants that it has full power and authority to enter into, and perform its obligations under, these Terms.

10.2 To the maximum extent permitted by law:

our warranties are limited to those set out in these Terms, and all other conditions, guarantees or warranties whether expressed or implied by statute or otherwise (including any warranty under Part 3 of the Contract and Commercial Law Act 2017) are expressly excluded and, to the extent that they cannot be excluded, liability for them is limited to AUD1,000; and

  1. we make no representation concerning the quality of Suki and do not promise that Suki will:

    i) meet your requirements or be suitable for a particular purpose; or
    ii) be secure, free of viruses or other harmful code, uninterrupted or error free.

10.3 Where legislation or rule of law implies into these Terms a condition or warranty that cannot be excluded or modified by contract, the condition or warranty is deemed to be included in these Terms. However, our liability for any breach of that condition or warranty is limited, at our option, to:

  1. supplying Suki again; and/or
  2. paying the costs of having Suki supplied again.

11 LIABILITY

11.1 Our maximum aggregate liability under or in connection with these Terms or relating to Suki, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any Year exceed AUD120.00. The cap in this clause 11.1 includes the cap set out in clause 10.2a.

11.2 Neither party is liable to the other under or in connection with these Terms or Suki for any:

  1. loss of profit, revenue, savings, business, use, data (including Data), and/or goodwill;
  2. consequential, indirect, incidental or special damage or loss of any kind.

11.3 Clauses 11.1 and 11.2 do not apply to limit our liability under or in connection with these Terms for:

  1. personal injury or death;
  2. fraud or wilful misconduct; or
  3. a breach of clause 9.

11.4 Clause 11.2 does not apply to limit your liability:

  1. to pay the Fees;
  2. under the indemnity in clause 6.7; or
  3. for those matters stated in clause 11.3a to 11.3c.

11.5 Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.

11.6 Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms or Suki.

12 TERM, TERMINATION AND SUSPENSION

12.1 Unless terminated under this clause 12, these Terms and your right to access and use Suki:

  1. starts on the Start Date; and
  2. continues until a party closes the account

12.2 Subject to clause 7.6, if the subscription option you have selected includes a minimum initial term, the earliest date for termination under clause 12.1 will be the expiry of that initial term.

12.3 Either party may, by notice to the other party, immediately terminate these Terms and your right to access and use Suki if the other party: a breaches any material provision of these Terms and the breach is not:

  1. remedied within 10 days of the receipt of a notice from the first party requiring it to remedy the breach; or
  2. capable of being remedied; or
  3. becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, becomes subjext to any form of insolvency action or external administration, or ceases to continue business for any reason.

12.4 You may terminate these Terms and your right to access and use Suki in accordance with clause 7.6.

12.5 Termination of these Terms does not affect either party’s rights and obligations that accrued before that termination.

12.6 On termination of these Terms, you must pay all Fees for the provision of Suki prior to that termination.

12.7 No compensation is payable by us to you as a result of termination of these Terms for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.

12.8 Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of these Terms but subject to clause 12.9, a party must destroy all Confidential Information of the other party that is in the first party’s possession or control.

12.9 At any time prior to one month after the date of termination, you may request:

  1. a copy of any Data stored using Suki, provided that you pay our reasonable costs of providing that copy. On receipt of that request, we must provide a copy of the Data in a common electronic form. We do not warrant that the format of the Data will be compatible with any software; and/or
  2. deletion of the Data stored using Suki, in which case we must use reasonable efforts to promptly delete that Data.

To avoid doubt, we are not required to comply with clause 12.9a to the extent that you have previously requested deletion of the Data.

12.10 Without limiting any other right or remedy available to us, we may restrict or suspend your access to and use of Suki and/or delete, edit or remove the relevant Data if we consider that you or any of your personnel have:

  1. undermined, or attempted to undermine, the security or integrity of Suki or any Underlying Systems;
  2. used, or attempted to use, Suki:
  3. i) for improper purposes; or
    ii) in a manner, other than for normal operational purposes, that materially reduces the operational performance of Suki;

  4. transmitted, inputted or stored any Data that breaches or may breach these Terms or any third party right (including Intellectual Property Rights and privacy rights), or that is or may be Objectionable, incorrect or misleading; o
  5. otherwise materially breached these Terms.

13 GENERAL

13.1 Neither party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.

13.2 No person other than you and us has any right to a benefit under, or to enforce, these Terms.

13.3 For us to waive a right under these Terms, that waiver must be in writing and signed by us.

13.4 Subject to clause 6.4, we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.

13.5 If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing info@suki.travel.

13.6 These Terms, and any dispute relating to these Terms or Suki, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the Courts of Australia in relation to any dispute connected with these Terms or Suki.

13.7 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 6.7, 8, 9, 11, 12.5 to 12.9 and 13.6, continue in force.

13.8 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

13.9 Subject to clauses 2.1 and 7.6, any variation to these Terms must be in writing and signed by both parties.

13.10 These Terms set out everything agreed by the parties relating to Suki, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to Suki that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date. Without limiting the previous sentence, the parties agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986, and that it is fair and reasonable that the parties are bound by this clause 13.10.

13.11 You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.

 

 

Privacy Policy

Suki protects the privacy of all of our clients when visiting our Websites, suki.travel / sukitravel.com ("the Website").

We have developed this privacy policy to keep you informed of what information we may collect from you, what this information will be used for, with whom such information will be shared, and the security procedures we have implemented to protect your privacy. The information collected includes information that can be linked to a specific individual, such as name, address, phone number or email address.

Personal Information

When you make an enquiry, create an Account with Suki or use our servicies (as described in our Terms & Consition) and you provide personal information about yourself or your Company, we use this information to complete your registration, fulfill any service requests, provide statistics and analytics and provide promotional information via email. We do not share this information with outside parties except to the extent necessary to provides the services of Suki. Such other parties may include, but shall not be limited to travel suppliers and credit card merchant services.

Although Suki attempts to select travel suppliers that are reputable companies, we have not placed limitations on these suppliers from using or disclosing your information without your permission. Therefore, we encourage you to review the information privacy practices of any travel suppliers whose products you purchase using Suki's services.

We use your physical address, email address or telephone number to respond when you submit an enquiry or suggestion.

Suki may disclose the information that we collect about you when we have reason to believe that it is necessary to identify, contact, or bring legal action against persons or entities who may be causing injury to you, to us, or to others.

We may also disclose your information when we believe the law requires it.

Security

The importance of security for all information associated with our customers is of utmost concern to us. However, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we will use reasonable efforts to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us. In order to protect the information stored in our systems, we have implemented security measures, including data encryption technology and firewalls.

When using our Website secure server is used. Suki uses industry standard data encryption for transmission of any personal information including credit card details you provide online. Known as SSL (Secure Sockets Layer) protocol, you can check this is active by looking for the padlock symbol on many browsers. SSL allows a secure connection between your web browser and our web server, using a private (or secret) key to encrypt the information.This encryption provides greater consumer protection than many forms of offline credit card payment.

Suki makes no warranty in respect of the effectiveness of encryption used and Suki is not responsible for events arising from unauthorised access of the information you provide.

If you choose to pay by credit card, your card details are not stored by Suki. They are temporarily passed via a 128bit SSL connection to our Merchant provider who transacts the payment directly with our bank.

Third-Party Links

The Website may contain links to Websites operated and maintained by third parties over whom we have no control. The information practices of those Web sites are not covered by this privacy policy. Any information you provide to third-party Websites or that we provide in relation to travel reservations you made will be governed under the terms of each such Website's privacy policy. We have no responsibility or liability whatsoever for the content, actions, or policies of third-party Websites. We encourage you to read the privacy policies of all third-party Websites that link to the Web site, because such privacy policies may be materially different from this privacy policy.

Questions, Comments, or Concerns

If you have questions or comments about this privacy & security policy, or if you are concerned that we have not followed the principles set forth in this policy, please send an email to us at contact@suki.travel

Other Information You Should Know

This Privacy & Security Policy was revised and posted on suki.travel on Novemeber 21, 2020. Suki may, in its sole discretion, revise this policy at any time and all such revisions shall be effective when posted. No prior notice of changes will be posted or emailed to users. Use of the Web site after such changes are posted shall constitute acceptance of such changes.

 

Cookie Policy

What Are Cookies

As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies.

We use cookies to personalise content and to provide you with an improved user experience. By using this website you consent to the deployment of cookies. You can control and manage cookies using your browser (see below). Please note that removing or blocking cookies will impact your user experience and some functionality may no longer be available.

Using your browser to control cookies

Most browsers allow you to view, manage, delete and block cookies for a website. Be aware that if you delete all cookies then any preferences you have set will be lost, including the ability to opt-out from cookies as this function itself requires placement of an opt out cookie on your device. Guidance on how to control cookies for common browsers is linked below.

For information on additional browsers and device types please see http://www.aboutcookies.org or http://www.cookiecentral.com/faq.

Managing Analytics cookies

You can opt-out of having your anonymised browsing history within our websites or applications recorded by analytics cookies. We use the following service providers and you can learn more about their privacy policies and how to opt-out of their analytics cookies by clicking on following link

Types of cookies used by Suki Travel

  • Account related cookies - If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
  • Login related cookies - We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
  • Orders processing related cookies - This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.
  • Surveys related cookies - From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.
  • Forms related cookies - When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.
  • Site preferences cookies - In order to provide you with a great experience on this site we provide the functionality to set your preferences for how this site runs when you use it. In order to remember your preferences we need to set cookies so that this information can be called whenever you interact with a page is affected by your preferences.

Third Party Cookies

In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

  • This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page.
  • We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the following social media sites including; Facebook, Pinterest, Twitter, LinkedIn, Google+ & Instgram will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

More Information

Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. If you are still looking for more information then you can contact us at info@suki.travel