Last updated: 09 December 2014
Laika Travel Pty Ltd (hereinafter "Laika Travel" or "us" or "we" as the context requires) is a proprietary limited company, registered in Australia. We are a global provider of travel search services, providing a unique image based search engine for finding tours around the world. When our users find a deal they want, we connect them to the relevant tour provider or travel agent to make a booking direct with that third party. We do not take bookings ourselves or hold any details of bookings or payments.
These terms and conditions govern your access to and use of this website and any other ‘Laika Travel’ branded or controlled website or section of a website (including, without limitation, a Laika Travel Facebook page or Twitter account) (the "Website") and any 'Laika Travel' branded applications (the "Apps"), as updated from time to time.
These terms and conditions constitute a legal agreement between you and Laika Travel (the "Agreement"). Please read them carefully before using the Website or Apps. By downloading, accessing or using the Website or Apps in any way, you are confirming that you have read and understood these terms and conditions and have agreed to be bound by them.
Laika Travel may amend these terms and conditions at any time at its discretion. If these terms and conditions are amended, Laika Travel shall display the revised terms and conditions on the Website and the Apps. You will be deemed to have accepted any amendments if you continue using the Website or Apps after the amendments are displayed.
If you do not agree to comply with these terms and conditions or any amendments to them, please stop using the Website and Apps immediately.
1. Use of the Website and Apps
1.1 Laika Travel operates and controls the Website and Apps and provides them to you in its absolute discretion.
1.3 Laika Travel may withdraw or change the Website or Apps at any time in its absolute discretion, including, but not limited to, suspending access to the Website or Apps, inserting advertising in the Website or Apps and limiting the number of available tours that can be accessed using the Website.
1.4 In consideration of Laika Travel permitting you to use the Website and/or Apps, you agree to comply with these terms and conditions. All other uses of the Website and Apps other than as set out in these terms and conditions are prohibited.
2. Restrictions and unauthorised activities
2.1 Your permission to use the Website and Apps as set out in paragraph 1 above is conditional upon your compliance with these terms and conditions and is subject to the following restrictions:
2.2 You acknowledge and agree that any tour and pricing information provided on the Website or via the Apps is made available by Laika Travel's suppliers and partners or has been gathered from public domain sources. By using the Website and/or Apps, you agree that price quotes made for you or on your behalf using Laika Travel's live update facility may be displayed to other users of the Website or Apps. Laika Travel recommends that you read the terms and conditions of use of any website operated by any third party before purchasing tours or any other products or relying on information contained in them.
2.3 To the extent that the Website and/or Apps provides a platform (“Sharing Platform”) that allows you to post, upload or make available or in any way transmit (“Share”) information, images, video, or any other media formats (“User Content”) on the Website and/or Apps, you warrant that:
you shall not Share any User Content that:
you shall not use a Sharing Platform for your own commercial advantage, or to promote or advertise commercially on behalf of any third party;
you shall not use any Sharing Platform to Share, email, or link to any advertisements or junk-mail;
you shall not misrepresent, impersonate, or be in any way misleading as your identity, nor suggest in any way that you are sponsored, affiliated or connected in any way with Laika Travel; and
you shall not Share any User Content containing personal information which could be used to identify any third party individual without having first obtained the necessary consents and approvals from that third party.
2.4 To the extent that you use any Sharing Platform, you acknowledge that:
Laika Travel is under no obligation to store, retain, publish or make available any images orinformation uploaded by you and such information may be deleted at any time;
Laika Travel reserves the right to edit, delete, refuse to publish any User Content that you Sharewhich we at our sole discretion consider in violation of these terms and conditions, or for any other reason as we see fit.
2.5 To the extent that you do not own the device(s) on which you access the Website or download or use the Apps, you will be assumed to have obtained permission from the owners of that device(s). You acknowledge that you and they may be charged by your and their service providers for internet access on the devices and that Laika Travel shall not be liable in any way for such costs.
2.6 To the extent that you Share any User Content on a Sharing Platform, you hereby grant Laika Travel a nonexclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to use, reproduce both electronically and otherwise, display, distribute, modify, adapt, publish, translate, and create derivative works from any and all such User Content, including for the purposes of advertising and marketing.
3. Laika Travel's property
3.1 All intellectual property rights including, but not limited to, copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Website and Apps (together, the "Intellectual Property Rights") are owned or licensed by Laika Travel. You acknowledge that rights in the Website and Apps are licensed (not sold or otherwise transferred) to you and that by using the Website and/or Apps, you will not acquire any right or interest in the Website or in the Apps or in the Intellectual Property Rights. You further acknowledge that you have no right to have access to the Apps in source-code form.
3.2 You shall not:
remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on the Website or Apps or pass off or attempt to pass off the Website or Apps as the product of anyone other than Laika Travel.
use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Website or Apps or any part thereof.
3.3 You acknowledge that the Website and Apps includes content, pricing information, data and brand names owned by Laika Travel's partners ("Partner Materials"). The restrictions at paragraph 3.2 above shall apply equally to Partner Materials.
3.4 By using the Website and/or Apps, you undertake not to reverse-engineer any underlying software or circumvent any technological protections embodied in them.
3.5 You shall ensure that no disruptive computer program code, virus, ‘denial of service’ or ‘spam’ attack, worm, Trojan horse, authorisation key, licence control utility or software lock is introduced by you or anyone authorised by you onto the Website or the Apps.
4.1 By using the Website and/or Apps and hence accepting these terms and conditions, you warrant and represent to Laika Travel that:
you will not use the Website or Apps other than in accordance with these terms and conditions.
you will not use the Website or Apps in any manner which may cause damage to Laika Travel or bring Laika Travel into disrepute
your use of the Website and Apps will not infringe the rights of any third party.
5. Disclaimer of liability
5.1 Your use of the Website and/or Apps is entirely at your own risk. While Laika Travel will endeavour to ensure that the content of the Website and Apps is up-to-date and accurate, Laika Travel cannot guarantee the reliability or accuracy of the content contained in them and you should not rely on such content. You are responsible for the security of any data stored remotely on the electronic device used to access or use the Website and/or Apps and Laika Travel accepts no liability in respect of any loss or damage to such data.
5.2 Laika Travel makes no representations and does not warrant to you that the Website or Apps:
are accurate, complete or up to date;
will always be available;
are secure or are free from errors, faults, defects, viruses or malware.
5.3 Although there is currently no charge for the use of the Website or Apps, Laika Travel expressly reserves the right to charge for use of the Website or Apps or any part of them at a later date.
5.4 Laika Travel has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Website and/or Apps (including, without limitation, any Booking Partner). In particular, Laika Travel shall not be responsible for the transmission of funds between you and any third party provider, partner or distributor with whom you choose to deal. You shall be responsible for all contractual arrangements, payments due and any associated transmission of funds on the terms you agree with any such third party provider, partner or distributor. Where the Website or Apps contain links to other sites and resources provided by third parties (including, without limitation, the Booking Service), these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
5.5 You may see advertising material submitted by third parties on the Website or Apps. Each individual advertiser is solely responsible for the content of its advertising material and Laika Travel accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.
5.6 This Agreement sets out the full extent of Laika Travel's obligations and liabilities in respect of the Website and Apps. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into this Agreement (unless such untrue statement was made knowing that it was untrue) other than any remedy you may have for breach of the express terms of this Agreement. Accordingly, any condition, warranty or other term concerning the supply of or failure to supply the Website or Apps which might for this paragraph 5.6 have effect between Laika Travel and you or would otherwise be implied or incorporated into this Agreement or any collateral contract (including, without limitation, the implied terms of satisfactory quality and fitness for purpose), whether by statute, common law or otherwise, is hereby excluded to the fullest extent permissible by law and Laika Travel shall not be liable to you in tort, delict or otherwise pursuant to the express terms of this Agreement in respect of the subject matter of this Agreement or the supply or non-supply of the Website or Apps. This statement shall not affect any of your statutory rights.
5.7 You should always obtain professional advice before making any decision which is prompted by the Website or Apps or information you have been provided by Laika Travel that may have legal or financial implications.
5.8 To the maximum extent permitted by the law (and except in respect of death or personal injury arising out of the negligence of Laika Travel or in respect of fraud or fraudulent misrepresentation) Laika Travel does not accept any liability for:
any inaccuracies or omissions in the content of the Website or Apps, or
any loss, damage, cost or expense of any kind incurred by you arising in connection with your access to, use of, or inability to use, the Website or Apps or any content contained in them, and by using the Website and/or Apps, you release Laika Travel from all such liability.
5.9 Laika Travel cannot be held liable for any User Content made available via any Sharing Platforms.
5.10 Laika Travel makes no representation that materials or information on the Website or Apps are appropriate or available for use in locations outside Australia and accessing or using the Website or Apps from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Website or Apps from locations outside Australia, you do so on your own initiative and are responsible for compliance with local laws.
5.11 Owing to the nature of the Internet and the fact that your access to the Website or Apps involves functionality outside Laika Travel's control, Laika Travel is not responsible for technical problems that you may experience with the Website or Apps.
6.1 You will be responsible to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group arising out of your use of the Website or Apps or breach of these terms and conditions and, where you are a business, you agree to keep us fully and effectively indemnified from and against the same.
7.1 Laika Travel may in its absolute discretion immediately terminate this Agreement upon notice to you. Laika Travel may suspend your use of the Website or Apps without notice at any time, without incurring any liability to you whatsoever.
8. Consequences of termination
8.1 Immediately upon termination of this Agreement:
you will not have the right to use the Website or Apps and all permissions set out in paragraph 1 shall cease.
you shall immediately delete any information received or used by you which relates to the Website or Apps, including deleting any cookies and copies of the Website and Apps and, where requested by Laika Travel, confirm in writing that you have done so.
10. Legal remedies
10.1 You acknowledge that the unauthorised use of the Website and/or Apps may result in irreparable damage and injury to Laika Travel and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, Laika Travel, its affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available to them, to seek an immediate injunction against you prohibiting any further use of the Website and/or Apps.
10.2 Nothing in these terms and conditions shall be interpreted to limit the remedies available pursuant to statutory or other legal authority that Laika Travel, its affiliates and/or licensors may have.
11. Infringement of your copyright
11.1 We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the Website or Apps, please send a written notification of such infringement to email@example.com marked for the attention of ‘General Counsel’.
12. General provisions
12.1 The invalidity or unenforceability of any provision (in whole or part) of these terms and conditions shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these terms and conditions.
12.2 These terms and conditions are personal to you. You shall not be entitled to assign this Agreement in whole or in part to any third party without Laika Travel's prior written consent.
12.3 These terms and conditions represent the entire agreement between Laika Travel and you and supersede any previous arrangements.
12.4 Laika Travel will act promptly to any indications of User Content that is in breach of these Terms. Where you know of or suspect any illegal activities, or know of or suspect that works belonging to you have been infringed, please write to the email address provided above.
12.5 Any failure by Laika Travel to enforce any of the terms of these terms and conditions shall not be considered to be a waiver of them or the right to subsequently enforce any terms of these terms and conditions.
12.6 A person who is not a party to these terms and conditions shall have no right under Australian legislation, to enforce any provision of these terms and conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
12.7 Irrespective of the country from which you access or use the Website or Apps, your use of the Website or Apps is governed in accordance with the laws of Australia and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of Australia.
13. Contact Us
13.1 If you require further information about Laika Travel or have any suggestions concerning how to improve the Website or Apps, please contact us at us by emailing firstname.lastname@example.org
Last updated: 09 December 2014
Laika Travel is committed to protecting and respecting your privacy and we make it our highest priority to safeguard the confidentiality of any and all personal details you provide to us. As a visitor or user of the Laika Travel Services you have the right to know and understand our information privacy practices before providing us with any of your personal details.
By using the Laika Travel Services you are deemed to consent to our use of your Personal Data in accordance with this policy.
We collect information provided by you, such as name, email address or password details, where you sign-up to receive or make use of any of our services; for example where you create a registered account with us, enter a Laika Travel promotion or sign-up to receive Email or other communications. Where you make a booking through our ‘via Laika’ functionality, you may be asked to provide additional information such as your address, passport number and credit card details.
We automatically collect certain information passively as a result of your use of the Laika Travel Services. This information is linked to the device you use to access the Laika Travel Services and includes your IP address, operating system, browser type, referring URLs, page views, access times and your geographical location.
We also collect information provided to us when you connect to the Laika Travel Services from a third party application, social networking site (such as Facebook or Twitter) or other website (such as a promotion partner).
We will use the information we hold about you in the following ways:
As noted above, you may be asked to provide credit card or other payment information to us or the relevant booking partner when you are making a booking using our ‘via Laika’ feature. In such circumstances that information will be collected and used only for the purpose of processing your booking. When using the Laika Travel Services on a mobile electronic device, you may also be prompted to provide your credit or debit card details by way of an auto-fill feature. Where you provide such details they will be stored only on the device you use to access the Laika Travel Services in question and will not be stored or processed by us in any way. Where you elect to make a booking with a third party provider, the credit or debit card details you provided will be used to auto-fill the relevant credit or debit card detail section on that third party provider's website in order to make the booking process easier.
We will never sell your Personal Data to third parties, though we may on occasion share or provide your Personal Data to third parties in accordance with this policy or where we are required to do so by law.
We may share your information with affiliated partners or companies for use in accordance with this policy and the purposes set out above. We may also share your information with select third parties to process your information on our behalf. For example, we may disclose your email address to trusted third party companies along with other data collected by us to help identify trends and to tailor the Laika Travel Services and any communications we send to you.
We require these third parties to comply strictly with our instructions and we require that they do not use your Personal Data for their own business purposes, unless you have explicitly consented to the use of your Personal Data in this way. Any third parties who access your data in the course of providing services on our behalf are subject to strict contractual restrictions to ensure that your data is protected, and only processed in compliance with applicable data protection/privacy legislation. We may also independently audit these service providers to ensure that they meet our standards.
Where we run a promotion in conjunction with a third party we may occasionally agree to share the email addresses of participants with the partner running the competition. Where this is the case, it will be clearly stated in the terms of the promotion and you will be asked whether you consent to the use of your data in that way at the point of entry. We have no responsibility for subsequent use or distribution of email addresses by our partners.
Where we direct you to websites of third party travel providers for you to make bookings, we may use your Personal Data to auto-fill selected details within the third party companies website in order to make the booking process easier and more efficient for you.
In addition, we may also disclose your Personal Data where necessary in order to enforce our Terms of Service or other agreements, or to a prospective buyer and the ultimate buyer in the event that Laika Travel itself (or part of our business) is sold.
We may also share anonymous aggregated usage information with others.
All Personal Data you provide to us is stored on our secure servers. At present we have servers located in Australia. Regardless of location, we ensure that adequate technical and organisational measures are in place to protect the security of your Personal Data. We limit access to your Personal Data to employees who we believe have a legitimate need to come into contact with that information in order to fulfil their role and provide products or services to you.
Unfortunately, the transmission of information via the Internet can never be completely secure. Although we will do our best to protect your Personal Data, we cannot guarantee the security of your data transmitted to our websites or other Laika Travel Services; any transmission is at your own risk. Once we have received your Personal Data, we will use strict procedures and security features to try to prevent unauthorised access.
The Laika Travel Services contain links to third party websites. Please be aware that we are not responsible for the privacy practices of such third party websites. When you leave or otherwise cease using the Laika Travel Services, we encourage you to read the privacy statements/policies of each and every third party website that collects personal data from you.
In order to provide you with a useful social experience when using Laika Travel Services, we may give you the option to export information to third party applications and websites, including social networking sites such as Facebook or Twitter. When exporting such information you may be disclosing your information to the individuals or organisations responsible for operating and maintaining such third party applications and sites and that your information may be accessible by others visiting or using those applications or sites. We do not own or operate the applications or websites that you connect with and you should review the privacy policies of such websites to make sure you are comfortable with the ways in which they use the information you share with them.
In accordance with applicable law, you have the right to find out what Personal Data we hold about you at any time. Where you wish to make such a request, please submit it in writing to email@example.com.
You have the right to ask us not to process your Personal Data for marketing purposes. You can exercise this right by checking certain boxes on the forms we use to collect your data or by contacting us at any time here. You can also opt-out of receiving any marketing emails by clicking the unsubscribe link contained at the bottom of such emails.
Where you are a user of our sign-in service, you can manage some of your information and personal preferences by from the ‘Account’ area of our websites or applications.
If you have any questions about this policy, please contact us by email marked for the attention of the Laika Travel Legal Team.
Last updated: 09 December 2014
A cookie is a small file, typically of letters and numbers, downloaded on to a device when the user accesses certain websites. Cookies are then sent back to originating website on each subsequent visit. Cookies are useful because they allow a website to recognise a user’s web browser or device.
Cookies on our websites may be set by us, by third parties under contract with us, or by independent third parties such as advertisers.
Our site makes use of both ‘session’ and ‘persistent’ cookies. ‘Session’ cookies remember information from page to page for filtering and completing searches before being removed when you end your session. ‘Persistent’ cookies enable our websites to recognise you when you make return visits to us, and remain stored on your computer until deleted, or until they reach a specified expiry date. Persistent cookies placed on your computer as a result of your use of our websites will never be stored for longer than 2 years from the date of your last visit.
The table below sets out the various types of cookies we use, why we (or relevant third parties) use them, and includes information you can use to control and learn more about the cookies used on our site.
|Cookie Type||Why we use it and additional information|
|Essential||Essential cookies, as their name suggests, are vital to the proper functioning of the website. They enable us to remember your selections between pages, such as tours, dates and the number of travellers, meaning we can pass that information on to our booking partners without you ever having to re-enter it.|
|Optimisation||Optimisation cookies allow us to see and track anonymous use data such as click trends, so we can be certain the site offers you a consistently smooth, functional and pleasant experience. We use third party service providers to assist us with optimisation.|
If you have any questions regarding this policy or would like more information about the cookies used on our websites, please contact us.