GENERAL TERMS & CONDITIONS TKG PLATFORM

DEFINITIONS

These Terms & Conditions arrange the relationships between TKG PLATFORM, the Users of the TKG Platform and the Users’ clients (end-user).

  1. These Terms & Conditions describe how TKG Platform, a subsidiary of Tweet World Travel Pty. Ltd. (ACN 608 371 277), collectively referred to in this document as "TKG”, "we", "our", or "us”, set out the legally binding terms and conditions that oversee your use of TKG Platform, Websites, and Mobile Applications, together referred to in this document as “TKG Services” or “our Services”. Certain features of our Services may be subject to additional guidelines, terms, or rules.
  2. TKG Platform provides its users information as well as the ability to make an online reservation and to purchase a various range of travel services offered by Suppliers with individually defined price, such as online bookings for Hotel Accommodation, Cruises, Tours, Airline Tickets, Transfers, Tourist Attractions, Sport & Cultural Events, Insurance, etc. (referred to in this document as "Travel Products").
  3. “User of The Platform”, collectively referred to in this document as "User” or "you", is a legal entity acting as a Wholesaler, Tour Operator, DMC, Travel Agent, Online Travel Agent, or corporate client, who registers an account and has access to the TKG Platform under these General Terms and Conditions, and who, in the course of execution of these General Terms and Conditions, has the right to reserve and purchase the Travel Products provided on the Platform.
  4. “Corporate Client” – a legal entity using the Platform regarding the organisation of business trips of its staff and/or the organisation of seminars, conferences, festivals, exhibitions, and other corporate events.
  5. “User Account” is a containing information about the User, provided by him/ her upon registration in the TKG Platform, and stored by TKG Platform. The access to the specific user account on TKG Platform is made by entering a username and password.
  6. “End-user or Traveller” is a User of The Platform’s client or traveller, who books Travel Products provided by the Suppliers and made available on TKG Platform.
  7. “Username” is a unique code of letters and/ or digits used by the User for its identification in the Platform.
  8. “Password” is a code of letters and or numbers that together with the username uniquely identifies it.
  9. “Supplier” – a legal entity or an individual providing the Travel Products presented in the Platform.
  10. “End-user” – a single user consuming the Travel Products offered on the TKG Platform.

GENERAL

By accessing the TKG Platform, the User agrees to be bound to these terms and conditions. The User’s Clients (i.e., End-users) also agree to be bound to these Terms and Conditions once a booking is made on TKG Platform on the End-users’ behalf.

TKG Platform acts as a distribution channel for Travel Products provided by Third-party Suppliers and made available on the TKG Platform. TKG Platform facilitates an online cloud-based bookable ecommerce website with an online reservation system, centralised CRM, booking management, payment system and management tools for its subscribed User.

All Travel Product bookings made by the Users on behalf of the Users’ clients are with each respective Supplier and not with TKG Platform. All bookings are subject to the terms and conditions and limitations of liability imposed by each respective Supplier. It is important for you to obtain and read the applicable Supplier’s terms and conditions as they may limit or exclude their liability to you.

USER ACCOUNTS

You must register a User Account to use our TKG Platform. Registration for this service is available to Wholesalers, Tour Operators, DMCs, Travel Agents, and Online Travel Agents who subscribe to our Platform service. You acknowledge that you are not a person or entity prohibited from using TKG Platform under applicable laws. For our Platform and Mobile Applications, you may not register more than one account or transfer your account to someone else without our permission. Additionally, you are required to provide accurate, up to date (within 7 days of any change), and complete information to register and maintain the account for your own use only. The registration form, containing personal information of the user, is an electronic document abiding by the Electronic Transactions Act 1999. Failure to provide essential data in the registration form may result in unsuccessful registration.

By registering an account, the User acknowledges and agrees to our Terms and Conditions. You will be held liable for any activities conducted through your account and are required to contact us immediately if you think your account is stolen or compromised. Under applicable laws, we may request your personal documents to verify your identity for authorising access to your account.

TKG Platform may disable User's access to the Platform if there is evidence of fraud on his / her behalf related to credit/debit card payment.

RESPONSIBILITIES OF THE USER OF THE PLATFORM & CORPORATE CLIENT

It is the responsibility of Users of The Platform & Corporate Clients to ensure that all invoices, itinerary details, and documentation issued from TKG Platform are received and correct. You are also responsible to pass on the Terms & Conditions of the Supplier by the time your client makes a booking.

After a booking is made, you need to send a scan copy of the travellers/passengers’ passport together with a completed Passenger Information Form. If these required documents are not received within 3 working days, the respective booking will be void.

Travel vouchers will be issued and sent to you from 15 -30 days prior to departure. You are responsible to deliver the travel vouchers and any necessary travel documents to your clients, and make sure your clients have obtained the travel voucher before they travel. If your clients travel without travel vouchers or necessary travel documents, they might be denied embarking/boarding/joining/accessing the Supplier’s service.

Please make sure you read and understand the travel vouchers, and that the travel voucher matches your booking/your clients’ booking. If there are any unbooked services / mistakes, you must contact us or the Supplier immediately to rectify. Once your clients are already on their travel, any unbooked services / mistakes might not be able to be rectified.

It is your responsibility to make sure that your clients have the valid visas and/or correct visa type to enter the destination country they are travelling to. Travellers might need to present the visas at multiple checkpoints and may be refused to fly out of their countries if the visa documents cannot be presented. If such an event occurs, the travellers will be deemed as “no-show”. The respective tour/cruise booking will be cancelled with applicable cancellation charges, depending on each Supplier’s terms & conditions

Visa and other entry and exit conditions (such as currency, customs, and quarantine regulations) change regularly. You need to contact the nearest Embassy or Consulate for up-to-date information.

END-USER/TRAVELLER RESPONSIBILITIES

It’s the End-users’ responsibility to advise their Travel Agent/Agency (User) or Corporate Client about their departure and arrival time, or any changes or delays that might occur. the End-user will abide by their Travel Agent/Agency Terms and Conditions related to booking, and the Supplier’s Terms and Conditions.

The End-users are responsible to check all details and travel documents (travel voucher, visa etc.) for their booking.

PRICE, DELIVERY & PAYMENT METHOD

  1. Subscription to TKG Platform

    1. General
    2. TKG Platform shall provide User access to its service for an applicable fee. The fee is subscription based and is invoiced monthly till the subscription period expires. The subscription fees vary depending on the level of access to TKG Platform selected by the User.

      The User can also select the length of subscription:

      • Month-to-month subscription
      • Fixed-length subscription: 6-month, 12-month, 18-month

      Service fees are non-refundable unless stated explicitly to you by TKG Platform. We reserve the right to change our service fees at any time. Fee changes will not be applicable for services accessed prior to the effective date of the changes.

    3. Build Service, Commencement Date and Completion Date
    4. Once entered into an Agreement, TKG Platform will commence the Build Services. On the Commencement date, the User shall pay the first-month subscription. The User shall also provide TKG Platform any necessary media within 15 days, or by such other date as agreed between the parties.

      TKG Platform will complete its Build Service within 45 to 65 days, or by such other date as agreed between the parties. Once completed, the first month of usage will not be charged to the User.

      TKG Platform shall use its best endeavours to supply access to the Service on the Completion Date. However, TKG Platform does not guarantee that it will provide the User with access to its Service, and shall have no liability for any failure to provide access to the Service on the Completion Date.

    5. Payment Method & Late Payment
    6. Subscription fee is invoiced monthly.

      Payment options for the User’s subscription include bank transfer, credit card and direct debit. For Credit Card payment, the following Card Fees apply:

      • Visa Credit Card - 1.8% fee and MasterCard Credit Card ‐ 1.76% fee applies.
      • American Express (Amex) ‐ 2.8% fee applies.
      • For late payment or urgent bookings, please notify us via email at payment@tkgplatform.com.au

      If the User fails to pay any amount payable under this Agreement, TKG Platform will be entitled to charge the User a 1.5% interest on the overdue amount, from the due date up to the date of actual payment.

      If the User fails to pay the outstanding amount after 30 business days from the due date of the latest invoice, TKG Platform shall be entitled to suspend the User’s access to its Service until the outstanding amount is paid.

  2. Bookings of Travel Products made on TKG Platform

    Travel Products available on TKG Platform are priced individually. Payment for each service product is made possible through the built-in payment gateway provided by a Payment Service Provider and made available on the TKG Platform. All payment made via the payment gateway is subject to the Payment Service Provider’ s Terms & Conditions.

    For booking of Travel Products offered on the TKG Platform:

    • All airfares must be paid in full at the time of booking confirmation
    • Deposit will due immediately or as specified in your invoice/booking confirmation
    • Final balance will be due before 65 days or 110 days before departure date, as specified in your invoice/booking confirmation
    • Any booking made within 110 days before departure will require payment in full immediately when the booking is confirmed.
    • Bookings made less than 60 days prior to departure will incur a late booking fee of $120 per person and must be paid along with the final payment at the time of booking.
  3. Payment Method

    You can make a payment via Enett, Bank Transfer, Credit Card, Paypal

    For Credit Card payment, the following Card Fees apply:

    • Visa Credit Card - 1.8% fee and MasterCard Credit Card ‐ 1.76% fee applies.
    • American Express (Amex) ‐ 2.8% fee applies.
    • Paypal – 2.6%
    • For late payment or urgent bookings, please notify us via email at payment@tkgplatform.com.au

CANCELLATIONS, CLAIMS & REFUNDS OF PAID AMOUNTS

  1. Cancellation & Extension of Subscription to TKG Platform
    1. Fixed-length subscription
    2. If a User acquired TKG Platform’ service on a fixed length subscription, and would like to cancel before the end of that term, an early termination charge will occur.

      If a User acquired TKG Platform’ service on a fixed length subscription, and would like to extend its access to the service, it must inform TKG Platform at least 30-day prior to the end of the subscription period.

    3. Month-to-month subscription
    4. If a User acquired TKG Platform’s service on a month-to-month subscription, and would like to cancel, a cancellation notice needs to be lodged by the User 15-day prior to the end of that subscription month. No early termination charge will occur.

  2. Cancellation of Travel Products booked on TKG Platform
  3. Each booking is subject to the respective Supplier’ Terms & Conditions. The User may make changes and cancellations of reservations following the Supplier’ terms of the booking indicated in each invoice or travel voucher. In certain circumstances, the Supplier may charge cancellation fees up to 100% of the Travel Product’s prices as per their Terms and Conditions.

    After bookings are deposited, any amendment must be requested in writing and incurs $99 fee per person, plus any additional costs and administrative expenses incurred in arranging the alteration. Alterations will be made at each Supplier’s discretion and may not always be possible.

    Please check the existing relevant Terms and Conditions to apply the right policies and inform your End-users accordingly before making any changes or cancellations of your reservations. You may contact us for support provided that you provide sufficient booking details per your capacity and as permitted by law so a resolution can be determined in a timely manner.

    In the case of claims and complaints made by End-users about Travel Services booked on the TKG Platform, the User is obliged to forward to TKG Platform within 3 days the requests of the End-users and all the necessary documents.

    If during the use of the Travel Products, there are findings of non-performance or inaccurate performance on the part of the Supplier, the User shall require the end-user immediately and in writing to notify the Supplier with a view to timely taking appropriate actions.

    TKG Platform shall not be liable for any damages caused by the full or inaccurate performance of the Travel Product from the Supplier. TKG Platform is not responsible for any damages caused by incorrect or incomplete notification of the terms of the Service by the Suppliers or their representative. TKG Platform is not liable for non-performance of the Travel Product if the reasons for this are due to:

    • The User and/or end-user has made changes or displayed additional services directly to the Supplier.
    • Actions of a third party not related to the Travel Products booked on the TKG Platform
    • A force majeure or an event that prevent the Supplier to provide the Travel Products

BOOKING & SALES

    Travel Products in TKG Platform have live availability. The price for all Travel Products is updated daily according to the exchange rate. The price is only guaranteed only when a booking is confirmed and a deposit is already paid.

    Users must provide passenger/traveller’ names exactly as per passport at the time of booking. Any spelling corrections made after a deposit is paid must be sent in writing and will incur additional fees, including any ticket/voucher re‐issue fees and any suppliers’ reissue fees.

    After a booking is made, User needs to send a scanned copy of the travellers/passengers’ passport together with a Passenger Information Form. If these required documents are not received within 3 working days, the respective booking will be void.

    TKG Platform reserves the right to modify the price in case of exchange rate fluctuation while a booking is being made. The price is only guaranteed only when a booking is confirmed and a deposit is already paid.

    TKG Platform acts as a distribution channel for Travel Products provided by Third-party Suppliers and made available on the TKG Platform. TKG Platform facilitates an online Cloud-based bookable E-commerce website with an Online Reservation System, centralised CRM, Booking Management, Payment System and Management Tools for its subscribed Users. Once booked with TKG Platform to utilise Third-party Suppliers’ services, you and your clients also agree and are bound to their Terms & Conditions.

COPYRIGHT POLICY

TKG Platform content and layout are our intellectual properties. Therefore, information available throughout our platform, such as services and prices, is not to be disclosed to third parties without TKG Platform’s written permission.

Additionally, the resources available on https://www.tkgplatform.com and https://www.tkgplatform.com.au are only available to designated persons or parties that we specify.

Any commercial use of structure, information, and media available on TKG Platform, Websites, and Mobile Applications are prohibited without the written permission from us. The offender is responsible for all damages resulting from violating this provision.

Any Users of Our Services acknowledges that he/ she shall comply with applicable laws & legislation, these General Terms and Conditions, and do everything in good faith. The Users cannot violate any proprietary or rights of third parties, and immediately inform us of any offence committed or discovered. Users are banned from interfering in our system operation, including but not limited to, initiating malicious cyberattacks, unauthorised access, collecting personal information illegally. Any User cannot abuse their access, violating our Terms & Conditions and causing harm in any form to other users while using any of Our Services.

Failure to abide by ethical usage and our Terms & Conditions constitute your abuse of Our Services. TKG reserves the right to cease or suspend immediately and without prior notice user access to Our Services. The Users of Our Services are responsible for all damages that occurred as a result of violating our Terms & Conditions.

We do not owe compensation to a person whose username and/or password has been compromised or given to others with consent and used to access our Services. In this case, TKG Platform (including without limitation websites and systems, our affiliates, and our personnel) will not be held liable for any damage done or any account penalty.

THIRD-PARTY SERVICES & INTEGRATION

  1. Booking
  2. Our Services may have some components linked to or utilising third-party services to work seamlessly, such as payment service and social media analytics. The usage of such services is subject to the Terms & Conditions of these providers. We do not own or control these third parties, and when you interact with them through their services, you are providing your information to them.

PRIVACY POLICY

Our Privacy Policy is established to describe how we handle and protect your personal data. This Privacy Policy is applied to our Website visitors, Users of TKG Platform & Mobile Applications, and End-users making bookings/reservations facilitated by the platform.

TKG Platform collects End-user data (including health information where necessary) to process travel arrangements, facilitate your participation in loyalty programs and conduct marketing activities and market research. If the information is not provided, we may not be able to make travel arrangements for you. We may disclose your personal information to our related companies, carriers, travel service providers, organisations which provide services to you.

TKG Platform also collects system usage from any person, parties accessing and using Our Services for continuous improvements of Our Services, maintaining top service quality and enhancing user experience.

For detailed Privacy Policy, please see this link: https://www.tkgplatform.com.au/privacy-policy

LIMITATION OF LIABILITIES

While we do our best in providing reliable data, we cannot guarantee the information available on TKG Platform is complete, accurate, and always fully updated. To the extent permitted by law, we do not accept any liability, and you and your client agree to relieve us from any liability in contract, or otherwise for any injury, damage, loss (including consequential loss), delay, additional expenses or inconvenience caused directly or indirectly by the use of such information on TKG Platform. TKG Platform is not liable for failing to provide full and accurate information from the User to the end-user in connection with the reservations made and the purchased Services, as well as for the damages resulting from data improperly submitted or entered by the User.

TKG Platform does not have any control over the Suppliers listed on the TKG Platform. To the extent permitted by law, we do not accept any liability in contract, or otherwise for any injury, damage, loss (including consequential loss), delay, additional expenses or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third-party Supplier over which we have no direct control. We do not accept any liability for any loss (including consequential loss or any associated costs) caused in case a third party Supplier becomes insolvent and goes out of business. Any payment already made to the third party provider in such case might be unrecoverable, and no refund will be made.

Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable law (including the Australian Consumer Law). This liability clause is subject to your rights under the Australian Consumer Law and nothing in these terms and conditions is intended to limit any rights you may have under the Competition and Consumer Act 2010 (Cth).

TKG Platform has the right to change prices, Travel Product details and information on the TKG Platform according to the information provided by the Supplier at any time. TKG Platform has the right to change the rates and conditions for reservations already made and paid.

You agree and acknowledge that TKG Platform is providing a technology solution which by its nature is not issue-free. TKG Platform does not warrant that use of its services on TKG Platform will be uninterrupted or error-free. Users understand and acknowledge that there may be downtime, network congestion, outages, scheduled maintenance, or such other events beyond the reasonable control of TKG Platform. You agree to not hold TKG Platform liable for any loss (including consequential loss), delay, additional expenses or inconvenience caused directly or indirectly by the use of TKG Platform.

For Travel Products of Supplier

TKG Platform acts as a distribution channel for Travel Products provided by Third-party Suppliers and made available on the TKG Platform. All bookings are subject to the Terms & Conditions and Limitation of Liabilities imposed by each Supplier. It is important for you to obtain and read the applicable Supplier’s Terms & Conditions as they may limit or exclude their liabilities to you.

We only act as technology provider for the Users and facilitate the selling of Travel Products on behalf of, numerous transports, accommodation, and other service providers, such as airlines, coach, rail, and cruise line operators, as well as all other wholesalers.

TKG Platform does not own, manage, control, or operate any transportation vehicle, any hotel or restaurant or any other supplier of services. All receipts, vouchers and tickets are issued subject to the terms and conditions specified by the Supplier and all services are subject to the laws of the country where the services are provided.

TKG Platform has no control over, or any liability for, the services provided by third-party Suppliers. We do not control the manner of the Suppliers. TKG Platform disclaim and will be exempt from liabilities for anything to do with the supply of any Travel Products.

All bookings are made on your behalf subject to the terms and conditions, including conditions of carriage and limitations of liability, imposed by these third-party Suppliers. Your legal rights in connection with the provision of travel services are against the specific provider and are not against us. Specifically, if for any reason any Supplier is unable to provide the services for which you have contracted; your rights are against that provider and not against us.

You acknowledge and agree that there are inherent risks involved in participating in the cruise/tour and other activities, including without limitation of possible contact with native flora/fauna, local residents, unforeseen events (force majeure) and travel in remote locations.

By making a booking, you and your clients agree to accept all risks associated with the cruise/tour and other activities provided by the Supplier. You and your clients agree to unconditionally release us from all liability, including without limitation in contract and in tort, for any cause or action, including any injury, damage, loss, cost, delay, additional expense or inconvenience caused directly or indirectly as a result of the inherent risks associated with the tour, or any force majeure events or other events which are beyond our control and the Supplier’s control, including but not limited to war, civil disobedience, terrorism, insurrection, accident, explosion, sickness, epidemic, pandemic, fire, floods, severe weather, acts of God, acts of Government, alteration or cancellation of scheduled air services, accidents to or failure of machinery or equipment or industrial action.

Each service provider is responsible for the part of the cruise/tour and activities it conducts. Service providers are not our agents or employees and are not under our direct control. We therefore do not warrant the performance of any service provider. We do not accept, and you and your clients agree to release us from, all liability for any injury, loss, damage, costs or expenses, including without limitation any property damage or personal injury, that you may suffer which arises out of any act or omission of a service provider or operator who provides services in connection with your clients’ booking. Any claim that you may have in relation to a Supplier should be raised directly with that Supplier. Your clients are responsible for any injury, loss, damage, costs or expenses arising through their own fault. You and your clients agree to indemnify us against all actions, proceedings, claims, demands, expenses and costs (including legal costs on a full indemnity basis and whether incurred by or awarded against us) as a result of, or arising in relation to, whether directly or indirectly, your clients’ participation in the tour or any act or omission by your clients in relation to the tour.

To the maximum extent permitted by law, we do not accept any liability in contract, or otherwise for any injury, damage, loss (including consequential loss), delay, additional expenses or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third-party providers over which we have no direct control. We do not accept any liability for any loss (including consequential loss or any associated costs) caused in case a third-party provider becomes insolvent and goes out of business. Any payment already made to the third-party provider in such case might be unrecoverable, and no refund will be made.

Under circumstances where our liability cannot be excluded and where liability may be lawfully limited, such liability is limited to the remedies required of us under applicable Australia laws.

DISCLAIMERS

TKG reserves the right to make modifications to the website contents without prior notice. We strive to provide the information on the website as timely and accurately as possible. TKG makes no promises or guarantees about the integrity and detail level of this site’s content. We will not be held liable for errors and omissions in the contents of this site and any other damages resulted from the use of this website.

Under no circumstance should TKG, its employees, suppliers and service providers assume liability for any direct or indirect damages resulting from the use of, or inability to use, TKG Platform, by our partners, their clients (travellers) or cyber threat actors.

The Disclaimers in our Terms & Conditions apply to the maximum extent permitted by law.

INDEMNIFICATION

To the maximum extent permitted by applicable law and of reasonable efforts, users of TKG Platform and Websites shall fully indemnify, hold harmless and defend TKG (including TKG website & system, our affiliates, and our personnel) from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable legal and accounting fees), whether or not involving a third party claim, which stem from or associate with:

MODIFICATIONS & INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of our Websites at any time or for any reason at our sole discretion without notice. We strive to provide the information on Our Services as timely and accurately as possible. However, we make no promises or guarantees about the integrity and detail level of the content. We also reserve the right to modify Our Services without notice at any time. We will not be liable to you or any third parties for any modification, price change on and suspension, or discontinuance of our Websites, Platform and Mobile Applications.

We cannot guarantee that TKG Platform, Websites and Mobile Applications will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Our Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use during any downtime or termination. Nothing in these Terms & Conditions will be construed to obligate us to maintain and support our Services or to supply any corrections, updates, or releases in connection therewith.

TERMS & TERMINATION OF SERVICES

These Terms & Conditions shall be applicable while you use and/or access TKG Platform, Websites, and Mobile Applications. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of our services (including blocking certain IP addresses), to any User for breaches of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may suspend or terminate your use or participation in the Platform, Websites and Mobile Application or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

We may also terminate your access to our services immediately and without prior notice if it is reasonably necessary to do so to protect TKG Platform (including without limitation our websites and systems, our affiliates, and our personnel).

If we disable, suspend, or terminate your account for any reason, without our written permission you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. Additionally, we reserve the right to take appropriate legal action if necessary.

CONTACT INFORMATION

Should you have any questions related to these Terms & Conditions or TKG’s handling of your access to Our Services, please contact us at contact@tkgplatform.com.au

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