WayAway License Agreement

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.     General Information

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.     Dispute Resolution and Arbitration

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.              Miscellaneous

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.