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Terms and Conditions

Last Updated: 07/02/2020

Welcome to Vacaay, operated by Go The App Pty Ltd (”us”, “we", the “Company” or “Vacaay”).

1. Acceptance of Terms of Use Agreement.

By creating a Vacaay account (the “Service”) you agree to be bound by (i) these Terms of Use and (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the service.

We may make changes to this Agreement and to our services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on our website www.vacaay.com under Terms & Conditions, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the service or via email. If you continue to use the service after the changes become effective, then you agree to the revised Agreement.

2. Eligibility.

You must be at least 13 years of age to create an account on Vacaay and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Vacaay; and
  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

3. Your Account.

In order to use Vacaay, you may sign in using your Facebook login. If you do so, you authorise us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Vacaay users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Vacaay, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please contact support@vacaay.com.

4. Modifying the Services and Termination.

Vacaay is always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features.

You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service. Vacaay may terminate your account at any time without notice if it believes that you have violated this Agreement.

5. Rights Vacaay Grants You.

Vacaay grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Vacaay and permitted by this Agreement. Therefore, you agree not to:

  • use the Service or any content contained in the Service for any commercial purposes without our written consent.
  • copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Vacaay's prior written consent.
  • express or imply that any statements you make are endorsed by Vacaay.
  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
  • upload viruses or other malicious code or otherwise compromise the security of the Service.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
  • ”frame” or “mirror” any part of the Service without Vacaay's prior written authorisation.
  • use meta tags or code or other devices containing any reference to Vacaay or the Service (or any trademark, trade name, service mark, logo or slogan of Vacaay) to direct any person to any other website for any purpose.modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
  • use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
  • use, access, or publish the Vacaay application programming interface without our written consent.
  • probe, scan or test the vulnerability of our Service or any system or network.
  • encourage or promote any activity that violates this Agreement.

The Company may investigate and take any available legal action in response to illegal and/ or unauthorised uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

6. Rights you Grant Vacaay.

By creating an account, you grant to Vacaay a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorise us to access from Facebook, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorise us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Vacaay users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Vacaay above.You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

In consideration for Vacaay allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Vacaay regarding our Services, you agree that Vacaay may use and share such feedback for any purpose without compensating you.

You agree that Vacaay may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

7. Community Rules.

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.
  • spam, solicit money from or defraud any users.
  • impersonate any person or entity or post any images of another person without his or her permission.
  • bully, “stalk”, intimidate, harass or defame any person.
  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
  • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
  • use another user’s account.
  • create another account if we have already terminated your account, unless you have our permission.

Vacaay reserves the right to investigate and/or terminate your account if you have misused the Service or behaved in a way that Vacaay regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.

8. Other Users’ Content

Although Vacaay reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Vacaay cannot guarantee that all Content will comply with this Agreement. If you see Content on the Services that violates this Agreement, please report it within the Services or via support@vacaay.com.

9. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

  • an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
  • your contact information, including address, telephone number and email address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to legal@vacaay.com.

10. Disclaimers.

Vacaay does not represent or warrant that (a) the Service will be uninterrupted or error free, (b) any defects or errors in the Service will be corrected or (c) that any content or information you obtain trough the Service will be accurate.

11. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Vacaay is not responsible for the availability of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Vacaay is not responsible or liable for such third parties’ terms or actions.

12. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VACAAY, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORISED ACCESS, USE OR ALTERATION OF YOUR CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

13. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Vacaay, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

14. Entire Agreement; Other.

This Agreement, with the Privacy Policy and any terms disclosed and agreed to by you contains the entire agreement between you and Vacaay regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Vacaay account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Vacaay in any manner.