May 26, 2022
Before using any part
of WayAway mobile software application, you (meaning the user, who installed
WayAway mobile software application to their device) should read the present
document (hereinafter referred to as the “License”), according to which we
provide you with access to our application. We will refer to the WayAway mobile
software application shortly as “WayAway mobile app” or “WayAway” in the text
of this License.
Any use of official
WayAway mobile app is recognized as acceptance of the terms and conditions of this
License, meaning you are giving your explicit consent to the conditions set out
below as well as to the Privacy Policy, which constitutes an integral part of
this License.
IF YOU DON’T ACCEPT
THE TERMS AND CONDITIONS OF THIS LICENSE IN FULL, YOU MUST REFRAIN FROM USING
WAYAWAY MOBILE APP OR ANY OTHER PRODUCTS THAT ARE SUBJECT TO THIS LICENSE AND
CLOSE THE RESPECTIVE PAGE OF THE WAYAWAY MOBILE APP.
1.1.
WayAway is owned and operated by Go Travel Un
Limited, a Hong Kong corporation (registration No. 1658681) with a legal seat
at 4007 Central Plaza, 18 Harbour Road, Wanchai, Hong Kong,
and its subsidiaries (hereinafter – “Owner”).
1.2.
WayAway is a multifunctional software product
that incorporates two main features (online services): Metasearch Engine and
“WayAway Plus” subscription product. Additionally, WayAway is a constantly
developing product, which means that it may, from time to time, incorporate
other features, media activities, and services either separated or connected
with the WayAway’s core features.
1.3.
WayAway is intended for personal,
non-commercial purposes only. The main purposes of the core features include
are as established below:
1.3.1. Regarding the Metasearch Engine:
- Allows users to search
and receive, based on their queries and the functionality of the software,
information about flight tickets and other travel services offered by third
parties (metasearch service). Third parties offering travel services through
the platform include airlines, OTAs, booking systems, hotels, and other
partners of the Owner.
- Can provide users, who
subscribe to WayAway’s marketing mailing, with
statistical information about the prices of flight tickets and other travel
products for selected travel services at specific destinations and locations as
well as with promotional information about WayAway and third parties through
electronic communication channels, including push notifications.
- Provides authorized
WayAway mobile app users with the opportunity to personalize the functionality
of the app, including remembering data specified by the user and saving
settings for certain features.
- Fulfills other
legitimate user demands that are implied and can be met by using WayAway
functionality exclusively through the user interface.
1.3.2. Regarding the
“WayAway Plus” Subscription Product:
- The purposes of this
core feature include all the points stated in p. 1.3.1. as well as some extra
purposes described in the Additional Terms related to this specific product.
Find out more about this matter here: https://wayaway.io/plus-terms-of-use.
1.4.
WayAway mobile app can also provide users with
all sorts of potentially useful information about different travel locations,
roads, places to visit, and facilities (for informational purposes only, not as
a recommendation or advertisement). Posting information and content in any form
regarding travel locations, products, services, and providers of such services
on WayAway constitutes neither a recommendation, instruction, or call to
purchase such service nor an assessment or comparison of such services/partners
among themselves.
1.5.
Important. WAYAWAY IS NOT A PRODUCT THAT ALLOWS YOU TO
PURCHASE FLIGHT TICKETS OR OTHER SERVICES/PRODUCTS. ANY COMMERCIAL INTERACTIONS
WITH THE USER REGARDING A PURCHASED SERVICE FOUND ON WAYAWAY OCCUR ON THE SIDE
OF WAYAWAY’S PARTNERS. THE OWNER DOESN’T PARTICIPATE IN THESE INTERACTIONS IN
ANY WAY. IN CASE OF DISPUTES REGARDING PURCHASED TICKETS OR OTHER SERVICES, YOU
AGREE TO APPLY FOR THEIR RESOLUTION DIRECTLY WITH THE PARTIES WHO ENTERED INTO THE
LEGAL RELATIONSHIP WITH YOU TO PROVIDE THE RELEVANT SERVICES AND/OR RECEIVED
PAYMENT (HOTELS, AIRLINES, CAR RENTALS, etc.) OR THEIR AUTHORIZED AGENTS.
1.6.
Changes to this License. The Owner reserves the right to unilaterally
change this License at any time and without prior notice. Notification about
changes made to this License and information about their current version is
published here.
Changes to the License come into
force from the date of their publication, unless otherwise specified in the
relevant publication.
1.7.
If, for any reason, any of the conditions of this License are
found to be invalid, the License will be enforced to the fullest extent permitted
by applicable law and the other conditions will remain valid and in force.
2.1.
YOU AND THE OWNER AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY
AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS,
THAT OCCURRED IN THE PAST OR WILL OCCUR IN THE FUTURE, WILL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING INDIVIDUAL ARBITRATION (AND NOT CLASS,
COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS OR ARBITRATION) RATHER THAN
IN COURT OR VIA ANY OTHER PROCEEDING.
2.2.
Any of your concerns and claims arising out of
the License
and/or the use of WayAway mobile app must first be dealt with via a pre-court
dispute settlement procedure. In the event of a dispute, you agree to send your
complaint to the Owner both electronically and physically (to the legal
address mentioned in p. 2.3 of this License). The
response period is 30 days from the date on which the Owner receives the
electronic version of the complaint.
2.3.
Small Claims Court and Right to Opt-Out
of Arbitration Within 30 Days. You or the Owner may pursue a dispute in court and not by
arbitration only (a) in small claims court in your area of residence or (b) IF
YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS FROM THE DATE YOU FIRST CONSENTED TO THIS
LICENSE. You may opt-out by mailing written notification to the Owner by email
to WayAway legal team ([email protected]) followed by
postage to the Owner’s legal address (Attn: Legal Department, 4007 Central Plaza, 18 Harbour Road, Wanchai, Hong Kong).
Your written notification must include: (1) your
full name, (2) your mailing address, (3) the email address associated with your
Account, and (4) a clear statement that you do not wish to resolve disputes
through arbitration. Your decision to opt-out will have no adverse effect on your
relationship with the Owner. You are responsible for ensuring the Owner's
receipt of your opt-out notice and, therefore, may wish to send a notice by
means that provide written confirmation of receipt. Any opt-out request
received after the opt-out term will be invalid and, in the event of such a
case, you can only pursue your dispute in arbitration or small claims court.
2.4.
If we are unable to
resolve the dispute within 35 days after the date on which the written
complaint is received, then either you or the Owner may start an arbitration
proceeding with:
-
the American
Arbitration Association, if you live in North America (the AAA's rules and
filing instructions are available at www.adr.org or by calling 1-800-778-7879)
-
the International Centre for Dispute Resolution if you live
anywhere else ("ICDR", www.icdr.org)
2.5.
The arbitration shall be held in English by a single
arbitrator. Any arbitration shall be individual and not a class, collective,
consolidated, or representative arbitration. The place of arbitration shall be
the judicial district that includes the address you provide in your written
notification. If you do not live in North America, the arbitration shall take place
in Prague, Czech Republic.
2.6.
You are responsible for all additional fees and costs that
you may incur in relation to the arbitration, including, but not limited to, expenses
related to attorneys or expert witnesses.
2.7.
You understand and agree that, by using WayAway mobile app
(i.e., accepting this License), you and the Owner are waiving the right to a
trial before a judge or jury in a public court.
3.
The Use of WayAway Mobile App
3.1.
By using WayAway mobile app and visiting websites/applications
of the Owner, you confirm and guarantee that you have reached the age of
majority in your country of residence, have the necessary legal capacity to do
so, have received the necessary consent and permissions if acting in someone
else’s interest, and provide accurate, full, and reliable information when
using WayAway mobile app.
3.2.
The Owner grants you, free of charge, a
non-exclusive and non-transferable worldwide license to access and use WayAway mobile
app on a personal device, for your private interest only, in accordance with
the direct functional purpose of WayAway, and exclusively for the legitimate
purposes specified in the License.
3.3.
Interaction with WayAway functionality,
including the formation of search queries for flight tickets, is carried out
exclusively by means of the mobile app interface provided to users.
3.4.
When using WayAway mobile app, you agree:
⎯
not to interfere with the
work of WayAway mobile app in ways that may result in a violation of its
performance, including forming requests outside of the user interface;
⎯
not to use any programs or
applications that are not authorized by the Owner to interact with WayAway mobile
app;
⎯
not to modify, improve,
translate into other languages, decompile, disassemble, decode, frame, emulate,
violate the integrity of, or restore the source code of WayAway mobile app or
any of its parts;
⎯
not to use WayAway mobile
app or the content available on WayAway for illegal purposes or in order to
pursue an unfair purpose (e.g., visit partner web-resource and make fraudulent
bookings).
3.5.
The Owner reserves the right, at any time and
at their sole discretion, to terminate maintenance of WayAway mobile app,
change its functionality, as well as prohibit a specific user, while the user
is obliged to stop using WayAway mobile app if specifically requested to do so.
3.6.
By means of WayAway, users are also given the
opportunity to personalize the functionality of the service for their own
needs. You agree to the fact that your authorized use of the app and the
Personal Account assigned to you on WayAway mobile app, and access to certain
features, promotions, or search history, is regulated in the same way as
unauthorized access.
3.7.
The Owner has the right, at any time, to
remove any of your content and/or restrict the access of other users to said
content, if such content or your actions may potentially, in any way, violate this
License, the Privacy Policy, applicable legislation, or generally accepted
behavioral norms on the internet, or threaten the security of the service or
the service of third parties as well as their psychological state.
4.
Disclaimers and Liability
4.1.
The WayAway mobile app functionality is
provided "as is." The Owner does not provide any warranties regarding
the error-free and uninterrupted operation of WayAway mobile app or its parts,
components, or features, or compliance of WayAway’s
functionality to the specific expectations of the user. The Owner does not
guarantee the veracity, accuracy, completeness, and timeliness of data provided
by WayAway mobile app, nor do they provide any other warranties, which are not
expressly stated in this License, including when providing support services
regarding the use of the metasearch service or other available functionality.
4.2.
The Owner is not responsible for any direct or
indirect consequences of any use or inability to use WayAway mobile app
(including data) and/or the damage caused to you and/or third parties as a
result of any use, non-use, or inability to use WayAway or its separate
components and/or features, including as a result of possible errors or
failures in its operation.
4.3.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL THE OWNER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL,
STATUTORY, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS OF
PROFITS, LOSS OF DATA, OR LOSS OF USE DAMAGES, EVEN IF THE OWNER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, YOU AGREE THAT THE OWNER’S MAXIMUM AGGREGATE LIABILITY ARISING
OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS
LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION, HOWEVER
ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF
CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.
4.4.
You agree to use WayAway mobile app in
accordance with the laws of the country in which you are located and bear
liability for violating restrictions on the use of WayAway mobile app or its
different functions according to respective legislation.
4.5.
You are solely responsible before third parties for
your actions related to the use of WayAway mobile app, including if such
actions result in violating the rights and legitimate interests of third
parties, as well as for compliance with applicable legislation when using
WayAway mobile app.
5.
Intellectual Property
5.1.
Intellectual property rights on the intellectual
property objects of WayAway mobile app and/or used
by it (software and hardware product, interface, algorithms, design, mechanics
of interactions, texts, images, databases, knowledge, trademarks, trade names,
other means of identification, etc.), as well as domain names (if applicable),
are vested in the Owner or third parties, which are the rights holders and
provide the Owner with a license or are distributed by the Owner on behalf of
the rights holders.
Disclaimer: WayAway’s
name and logo are both independent and combined trademarks that are used by the
Owner, officially and legitimately, to conduct the business described above.
All the WayAway branded materials (name, logo, color palette, font, design)
that you may view on the website and that refer to the Owner’s business shall
be considered part of the WayAway trademark or/and intellectual property of the
Owner.
5.2.
Intellectual property objects and other
third-party content, exclusive rights to which are not licensed or vested in
the Owner, are displayed solely to inform users about a particular airline,
OTA, booking system, etc., that is available, for example, on a search results
page on WayAway mobile app. Nothing
should be construed as our pretension to such third-party content or as granting
any license or right to use displayed content on WayAway
mobile app without
the express written permission of its respective owner.
5.3.
The use of the intellectual property objects of
the Owner is only possible within the framework of the functionality offered by
WayAway mobile app. You agree
that the use of WayAway mobile app does not
grant you any rights for the specified intellectual property objects, except
for the rights explicitly specified in the License.
5.4.
Any content that WayAway mobile app receives from
you, upon authorization or through any other use of WayAway, must be rightfully accessible to you and must not violate
the rights and legitimate interests of third parties or applicable laws. You
provide the Owner with a free-off charge, perpetual, transferable, revocable,
sub-licensable license to use, modify, reproduce, distribute, and prepare
derivative works of, publicly perform, and publicly display (in any form and on
all mediums now known or hereafter devised) all content provided. The Owner can
use such content in any format, channel, platform, or territory with the right
to localize it to other languages. If uploaded or submitted to WayAway mobile app, you further
provide permission to use your name, image, or other personal attributes in
connection with such content.
6.1.
Choice of Law.
The validity, construction, and interpretation of this License and the
relationship between you and the Owner, including the rights and duties of both
parties, will be governed by the laws of the State of California (USA) without
regard to its conflict of law provisions. This shall not limit the protection
afforded to you by provisions that cannot be derogated from agreements by
virtue of applicable law.
6.2.
Waiver and Severability of License.
Any waiver or failure to enforce any right or provision of this License on one
occasion will not be deemed a waiver of any other right or provision on any
other occasion.
6.3.
Assignment.
You may not assign, transfer, or otherwise dispose of your rights and
obligations under this License, in whole or in part, without our prior written
consent, and any such assignment without such consent will be null and void.
Owner has the right to transfer, assign, or otherwise dispose of this License
without your consent.
6.4.
If you wish to provide
any feedback regarding the use of WayAway mobile app,
the text of this License, or to ask any questions you may have regarding
the use of WayAway, please contact our support team
.
If you are a rights holder and believe any content on WayAway mobile app violates
your rights, please write to our legal team.