GO YONDA

1. Definitions

To help you read and understand this agreement, we've set out in the table below the definitions of key terms that you need to understand. You need to understand the key terms because we use them throughout this agreement.

If a key word is only used within a particular clause, the defined term is the words bolded and in brackets, and the meaning of the defined term is the words / sentence that comes before the bolded words.

Term	Meaning
Booking	The acceptance and purchase of a Listing of Travel Services.
Booking Fees	Has the meaning given in clause 6.
Commission	The percentage of a Provider's Price that will be payable to YONDA as displayed on our website at the time of posting a Listing.
Member	Any person that registers an Account on the Platform to purchase Travel Services.
GO Dollars	A discount currency issued by YONDA to Members as a Subscription benefit, redeemable against eligible Travel Services on the Platform subject to the Maximum Redemption Value (MRV) for each Booking. GO Dollars include standard monthly allocations and any Bonus GO Dollars issued at YONDA's discretion. GO Dollars are provisional at the time of Booking and are only fully redeemed at check-in or commencement of Travel Services, provided the Member holds an active Subscription at that time. Full terms are set out in clause 4.5.
Maximum Redemption Value (MRV)	The maximum amount of GO Dollars that may be applied to a single Booking, calculated by YONDA at the time of Booking based on the net margin available to YONDA on that Travel Service after wholesale, partner or supplier costs. The MRV varies between Bookings and is disclosed at checkout. See clause 4.5(d).
Giveaway Token	An entry token allocated to a Member's account as a benefit of an active Subscription, used for entry into YONDA-run prize giveaways. Giveaway Tokens are non-transferable and accumulate while a Subscription remains active.
Listing	A post on the Platform containing an offer to sell Travel Services.
PBTM Subscription	A recurring monthly Subscription paid in advance on a monthly basis.
Platform	This platform, having the URL www.yonda.com.au, and any other websites or applications owned or operated by YONDA with the same domain name and a different extension or otherwise for the same or similar purposes as this platform.
Prepaid Subscription	A Subscription paid upfront for a fixed term of 12, 24 or 36 months (where available for the selected tier), as set out in Table 2.
Provider	Any person or entity who sells Travel Services directly to Members through the Platform.
Subscription	A Member's chosen tier of membership with the Platform, as selected when registering an Account, and described in Table 1. Subscriptions are available as either a PBTM Subscription or a Prepaid Subscription.
Subscription Fees	The fees payable to YONDA for a Member's Subscription, as set out in Table 1 (PBTM) and Table 2 (Prepaid).
Third Party Payment Platform	The third party entity which handles any payments made through the Platform, being Stripe, and having their terms and conditions at https://stripe.com/au/legal.
Provider's Price	The amount nominated by the Provider as the amount payable to the Provider for the Travel Services.
Travel Services	Any items or services offered for sale through the Platform by a Provider.
User	Any person that uses the Platform in any capacity, including Providers and Members.

2. Relationship of Parties

YONDA is a passive conduit providing introductory services between Members and Providers. YONDA provides the Platform only. YONDA does not perform any part of the Travel Services itself.

This agreement governs your use of the Platform and:

if you are a Member, your Subscription to the Platform (a contractual relationship with YONDA) and purchase of Travel Services from Providers (a contractual relationship with Providers); or
if you are a Provider, any Listings you post (or YONDA posts on your behalf) to the Platform and your provision of Travel Services to Members.

YONDA and Providers may enter into separate agreements to govern the commercial relationship between YONDA and the Provider (Commercial Agreement). To the extent that any obligation under the Commercial Agreement is inconsistent with this agreement, the terms of this agreement shall prevail to the extent of any inconsistency. This clause is not intended to limit or otherwise affect a Provider's obligation to pay YONDA any amount stipulated under a Commercial Agreement.

Providers may have their own terms and conditions (including refunds policies) that apply to a Booking and a Member's participation in the Travel Services (Provider's Terms). A Provider's Terms must be provided to the Member at the time of making a Booking. In the event of any inconsistency between this agreement and Provider Terms, the Provider Terms will prevail to the extent of such inconsistency (including in relation to refund policies). This clause is not intended to limit or otherwise affect a Member's obligation to pay the Subscription Fee to YONDA.

3. Access and Accounts

You must not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.

If you are purchasing Travel Services on behalf of another individual, company or organisation, you warrant that you have the necessary authority from that individual, company or organisation to do so.

In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account). Providers may be able to access the Platform without an Account if a Commercial Agreement provides another means for the Provider to create Listings.

As part of the Account registration process and as part of your continued use of the Platform as a Member, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by YONDA from time to time.

You warrant that any information you give to YONDA in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.

Once you complete the Account registration process, YONDA may, in its absolute discretion, choose to accept you as a registered Member within the Platform and provide you with an Account.

YONDA reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.

YONDA may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

4. Member Subscription Fees

Upon registration of an Account as a Member, the Member will be prompted to choose a subscription tier as set out in Table 1 below (Subscription).

Subscription Fees are payable from the date of Account registration in accordance with the tier chosen. YONDA does not offer a standard free trial period. From time to time, YONDA may offer a promotional trial period at its absolute discretion. Any such offer will be subject to specific promotional terms communicated at the time of the offer, and will not form part of this agreement unless expressly stated. Where a promotional trial is offered, Members will become immediately liable for the applicable Subscription Fees upon expiry of the promotional period without further notice.

Table 1 — Member Subscriptions (Pay by the Month)

Tier	Inclusions	Monthly Fee (AUD)
GO YONDA (Free)	GO Deals GO Further Subscription	Nil
YONDA Premium	1 x Giveaway Token per month (accumulating, never expire) $50 GO Dollars per month GO Deals GO Further Subscription Membership Card (Digital) YONDA Everyday Savings (4–10% off 60+ leading Australian retailers)	$19.95 / month
YONDA Ultra	4 x Giveaway Tokens per month (accumulating, never expire) $150 GO Dollars per month GO Deals GO Further Subscription Membership Card (Digital) YONDA Everyday Savings Insider Deals Supercharged Savings	$49.95 / month
YONDA Black	10 x Giveaway Tokens per month (accumulating, never expire) $250 GO Dollars per month GO Deals & GO Further Subscription Membership Card (Digital + Physical) YONDA Everyday Savings Insider Deals Supercharged Savings Access to Exclusive YONDA Tours YONDA Experiences Savings Discounts on Gift Cards with major retailers Family & Friends Discounts VIP Concierge Service Exclusive Membership Package Entertainment Subscription	$99.95 / month

Table 2 — Prepaid Subscription Options

Members may elect to pay for their Subscription on a Prepaid basis at the prices set out below. Prepaid Subscriptions provide the same inclusions as the equivalent PBTM tier for the duration of the prepaid term.

Plan	Term	Prepaid Price (AUD)	Equivalent Monthly Rate
YONDA Premium	12 Months	$199.00	~$16.58 / month
YONDA Premium	24 Months	$379.00	~$15.79 / month
YONDA Ultra	12 Months	$499.00	~$41.58 / month
YONDA Ultra	24 Months	$799.00	~$33.29 / month
YONDA Black	12 Months	$999.00	~$83.25 / month
YONDA Black	24 Months	$1,999.00	~$83.29 / month
YONDA Black	36 Months	$2,999.00	~$83.31 / month

Upon expiry of a Prepaid Subscription term, the Subscription will automatically convert to the equivalent PBTM Subscription (at the then-current monthly rate) unless the Member provides written notice of cancellation in accordance with clause 4.1 at least 30 days prior to the expiry of the prepaid term.

Members acknowledge and agree that:

all Subscription Fees must be paid in advance and are non-refundable;
unless otherwise agreed in writing, Subscription Fees are due and payable in accordance with the subscription tier chosen in Table 1; and
Subscription Fees will be direct debited from the nominated bank account or payment method provided upon registration of your Account.

For all subscription tiers, your subscription will continue for the chosen subscription period set out in Table 1. If your Subscription automatically renews, it will do so indefinitely, and you must pay the Subscription Fees in respect of each period, unless you notify us within 30 days of the expiry of the then-current period that you want to cancel your Subscription. By choosing a recurring payment Subscription, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation.

4.1 Cancellation of Subscription

A Member may cancel their PBTM Subscription at any time by providing YONDA with no less than 30 days' written notice.

The Member acknowledges and agrees that:

the Subscription will remain active during the 30-day notice period;
all applicable Subscription Fees will continue to be charged and debited during this period;
cancellation will only take effect at the end of the 30-day notice period; and
any GO Dollars allocated during the notice period are subject to clause 4.5.

For Prepaid Subscriptions, the Member must provide written notice of cancellation at least 30 days prior to the expiry of the prepaid term to avoid automatic conversion to a PBTM Subscription. Cancellation during a prepaid term does not entitle the Member to a refund of any prepaid fees.

4.2 Subscription Types

Subscriptions are available as either a PBTM Subscription (monthly, billed in advance) or a Prepaid Subscription (upfront payment for a fixed term as set out in Table 2).

For Prepaid Subscriptions:

the Subscription will continue for the prepaid term selected at the time of purchase;
upon expiry of the prepaid term, the Subscription will automatically convert to a PBTM Subscription at the then-current monthly rate for the equivalent tier;
the Member will be notified by email no less than 14 days prior to the expiry of the prepaid term of the upcoming conversion;
to avoid conversion to a PBTM Subscription, the Member must provide written notice of cancellation in accordance with clause 4.1 at least 30 days prior to the expiry of the prepaid term; and
no refund will be issued for any unused portion of a Prepaid Subscription upon cancellation.

4.3 Failed Payments, Suspension and Termination

This clause applies to PBTM Subscriptions. For Prepaid Subscriptions, payment is collected in full at the time of purchase.

If a Member's PBTM Subscription payment fails (including where a payment method is declined, expired or not updated), YONDA will notify the Member and apply the following escalation process:

Timeframe	Action
Day 1 (failed payment date)	YONDA issues written notice to the Member requesting payment and updating of payment details.
Day 7	Follow-up notice issued via email and/or SMS.
Day 14	Final payment reminder issued via email and/or SMS.
Day 30	Account suspended. Access to Subscription benefits (including GO Dollars, Insider Deals, Giveaway Tokens and all member pricing) is suspended pending payment.
Day 60	Final notice issued. Member is advised that the Subscription will be permanently cancelled within 14 days if the outstanding amount is not remedied.
Day 74	Subscription permanently cancelled. All accrued benefits including GO Dollars and Giveaway Tokens are forfeited.

YONDA reserves the right to accelerate the above process where it reasonably determines there is no prospect of payment being remedied.

The Member acknowledges and agrees that:

it is the Member's sole responsibility to maintain valid and current payment details on their Account;
suspension of a Subscription under this clause does not release the Member from any outstanding payment obligations;
any GO Dollars or Giveaway Tokens that were allocated during a period of non-payment may be reversed or forfeited upon suspension or cancellation; and
reinstatement of a suspended Subscription is at YONDA's discretion and may require payment of all outstanding amounts prior to restoration of benefits.

4.4 Fair Use of Membership

Members must use their Subscription in good faith and for its intended purpose.

YONDA reserves the right to suspend, restrict or terminate a Subscription, or adjust or revoke benefits (including GO Dollars and Giveaway Tokens), where it reasonably determines that a Member is:

exploiting, abusing or attempting to circumvent the Subscription model;
joining or re-joining a Subscription for the sole or primary purpose of obtaining GO Dollars (including bonus GO Dollars) or Giveaway Tokens without genuine intent to maintain an active Subscription;
making or attempting to make Bookings using GO Dollars with the intent of cancelling the Subscription prior to check-in; or
misrepresenting their Subscription status or account details to obtain member benefits.

Where YONDA reasonably determines a Member has engaged in behaviour inconsistent with fair use, YONDA may, without limitation:

reverse or remove any GO Dollars or Giveaway Tokens from the Member's account;
recalculate any affected Bookings at the non-member or retail rate;
require the Member to pay any resulting price difference prior to check-in; and
terminate the Member's Account.

4.5 GO Dollars — How They Work

GO Dollars are a discount currency issued by YONDA to Members as a benefit of an active Subscription. They function as a credit applied against the price of eligible Travel Services at the time of Booking, subject to the terms below. GO Dollars are not cash, not a rebate, and are not redeemable outside of the YONDA Platform.

(a) Allocation

GO Dollars are allocated to a Member's account monthly in the amounts specified in Table 1 for the relevant Subscription tier, for the duration of an active Subscription.
GO Dollars accumulate month to month while the Subscription remains active and do not reset at the start of each month.
GO Dollars are personal to the Member's account and are non-transferable.
GO Dollars do not expire while the Member holds an active Subscription. They accumulate indefinitely for as long as the Subscription remains active and in good standing.
If a Member upgrades or downgrades their Subscription tier, all GO Dollars accumulated under the preceding tier are retained in full. From the date of the tier change, the Member will earn GO Dollars at the monthly rate applicable to their new tier going forward.
GO Dollars are immediately forfeited in full if the Subscription is cancelled, lapses due to non-payment, or is terminated for any reason.
GO Dollars have no cash value and cannot be redeemed for cash under any circumstances.

(b) Bonus GO Dollar Events

YONDA may from time to time issue additional GO Dollars to Members outside of the standard monthly allocation (Bonus GO Dollars). Bonus GO Dollar events may include, without limitation, promotional welcome bonuses, loyalty milestone awards, seasonal promotions or partner-funded offers.

Bonus GO Dollars are issued at YONDA's absolute discretion and do not form part of the standard Subscription entitlement.
Bonus GO Dollars are subject to these Terms in the same manner as standard GO Dollars unless specific promotional terms state otherwise.
YONDA may attach conditions to Bonus GO Dollars at the time of issue, including minimum booking values, eligible Travel Services, or a defined expiry period.
Any conditions attaching to a Bonus GO Dollar event will be communicated to Members at the time of issue.

(c) GO Dollar Redemption — How It Works

GO Dollars function as a discount applied against the price of eligible Travel Services. The discount is calculated against a reference rate, which may be the recommended retail rate, a wholesale or dynamic partner rate, or a non-member rate, depending on the Travel Service being booked. In some cases, GO Dollars may also be applied against an eligible GO Deal or Insider Deal rate.

The amount of GO Dollars a Member may apply to any single Booking is subject to the Maximum Redemption Value (MRV) for that Booking, as described in clause 4.5(d) below.

GO Dollars are applied at the time of Booking as a provisional reduction to the displayed Booking price.
The amount of GO Dollars available for redemption on a Booking is calculated based on the GO Dollar balance in the Member's account at the time of Booking — not at the time of check-in. GO Dollars earned after the date of Booking cannot be applied to that Booking retroactively.
A Member must hold an active Subscription at the time of check-in to retain the benefit of any GO Dollars applied to a Booking. GO Dollars are not fully redeemed until check-in or commencement of the Travel Services.

(d) Maximum Redemption Value (MRV)

The amount of GO Dollars that may be redeemed against any single Booking is capped at the Maximum Redemption Value (MRV) for that Booking.

The MRV is determined by YONDA at the time of Booking and is based on the net margin available to YONDA on that particular Travel Service after accounting for wholesale, partner or supplier costs. The MRV reflects the maximum discount YONDA is able to make available on a Booking and will vary between Travel Services depending on the applicable rate source and partner arrangement.

A Member cannot redeem more GO Dollars on a Booking than the MRV for that Booking, regardless of the GO Dollar balance in their account.
If a Member's GO Dollar balance is less than the MRV, they may only redeem the GO Dollars they hold at the time of Booking.
If a Member's GO Dollar balance exceeds the MRV, the remaining GO Dollars will be retained in the Member's account for use on future Bookings.
The MRV is calculated and confirmed at the time of Booking and is not subject to adjustment after the Booking is confirmed, except as set out in clause 4.5(e) below.
YONDA will display the MRV applicable to a Booking at the time the Member selects GO Dollar redemption during the checkout process.

(e) Price Fluctuation and Rate Change Protection

Travel Service prices sourced from wholesale partners, dynamic rate providers or third-party suppliers are subject to change. To protect YONDA's ability to honour GO Dollar redemptions:

The MRV for a Booking is calculated based on the net margin available to YONDA at the time the Booking is confirmed and payment is processed. Any subsequent change to the underlying wholesale or partner rate after Booking confirmation does not alter the MRV or the GO Dollar redemption already applied.
If, prior to Booking confirmation, a rate change by a wholesale or partner provider reduces the available margin on a Travel Service to zero or below, YONDA reserves the right to withdraw or reduce the MRV on that Booking before it is confirmed. In such circumstances, YONDA will notify the Member and the Member may elect to proceed with the Booking at the revised terms or cancel without penalty.
YONDA does not guarantee the availability of any GO Dollar redemption on any specific Travel Service and reserves the right to limit or exclude GO Dollar redemption on particular Listings where margin is insufficient to support it.

(f) Effect of Cancellation or Suspension Prior to Check-in

If a Member's Subscription is cancelled, suspended or lapses for any reason prior to check-in:

any GO Dollars applied to an affected Booking will be reversed and removed;
the Booking will be recalculated at the applicable non-member or retail rate; and
the Member will be liable to pay any resulting price difference before check-in is permitted.

(g) GO Dollars on Promotional and Discounted Rates

Where a Travel Service is listed as a GO Deal, Insider Deal or other promotional rate, GO Dollar redemption may be available subject to the MRV for that Booking. YONDA reserves the right to exclude or limit GO Dollar redemption on specific promotional Listings where the available margin does not support it. Any such limitation will be clearly disclosed on the applicable Listing at the time of Booking.

YONDA reserves the right to adjust, remove or expire GO Dollars where it reasonably determines that clause 4.4 (Fair Use) applies, where a Subscription is not active at the time of Travel, or where a Booking has been cancelled or the Travel Service is no longer available.

5. Listings and Bookings

Providers may post Listings for travel-related products and services on the Platform.

A Listing may be removed, by a Provider or YONDA, and become unavailable at any time prior to a Member making payment for the Travel Services.

The number of Listings available to a Member depends on the Subscription Tier they have subscribed to.

6. Booking Fees

All Listings will be accompanied by Booking Fees, which will be expressed in Australian dollars and is made up of:

the Provider's Price set out in the Listing;
the Commission received by YONDA for providing the introduction;
transaction fees, where such fees are charged by our Third Party Payment Provider; and
credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express),

(collectively the Booking Fees).

Once a Member accepts a Listing and makes a Booking, the Member will be prompted to pay the Booking Fees via the Third Party Payment Platform.

The Member must pay the Booking Fees in full at the time of the Booking, unless otherwise expressly specified in the Listing by the Provider. Requirements for a deposit for certain accommodation may vary and will be advised in the Listing by the Provider.

The Member will receive a confirmation of their Booking made via the Platform once payment has been received by the Third Party Payment Platform. YONDA reserves the right to cancel a Booking if payment is not made by a Member.

After the Third Party Payment Platform receives payment from the Member, YONDA will ensure that the Third Party Payment Platform transfers:

the Provider's Price and any delivery charges to the Provider; and
the Commission to YONDA,

within a reasonable time.

The Third Party Payment Provider will retain any transaction fees it charges. Any credit card surcharges will be transferred to YONDA and are non-refundable under any circumstances (unless the provider institution provides a refund to you).

YONDA reserves the right to change or waive the Commission at any time by updating the amount displayed on the Platform. The amount displayed on the Platform at the time of posting a Listing is the Commission that will apply to that Listing.

Providers are responsible for the collection and remission of all taxes associated with any transactions made through the Platform. YONDA will not be held accountable in relation to any transactions where tax related misconduct has occurred.

In addition to this agreement, your purchase of any Travel Services via the Platform will be subject to the terms and the privacy policy of the Third Party Payment Platform, as set out in the definitions at the start of this agreement. Members agree to release YONDA and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Third Party Payment Platform, including any issue with security or performance of the Third Party Payment Platform or any error or mistake in processing your payment.

7. Pricing, Value and Savings

Where the Travel Services include booking a hotel room, we will calculate any discounts or savings that may be available to you using the official or advertised price of a hotel room (the Rack Rate).

As the value of the hotel accommodation may fluctuate due to peak seasons, low seasons and events, we use the Rack Rate as a consistent and verifiable measure to calculate the value of the hotel room and your comparative savings. You agree that the Rack Rates may not reflect the actual rates being charged, but rather are indicative of your level of savings.

8. Contract Formed Between Provider and Member

A Listing constitutes the Provider's offer and intention to enter into a binding contract with a Member for the sale of the Travel Services.

When a Member accepts a Listing and makes a Booking, this forms a binding contract between the Provider and that Member, where the Provider will provide the Member with the Travel Services in the Booking in exchange for payment of the Booking Fees.

Members and Providers acknowledge and agree that YONDA will not be a party to any contract for the sale of Travel Services through the Platform.

YONDA reserves the right to remove any Listing from the Platform for any reason without notice and without liability to the Provider or any potential User.

Members acknowledge and agree that some Listings may be posted or available for a specified time period only and Members should have regard to those specified time limits for the purpose of determining whether and when to confirm your purchase of those Travel Services.

9. Events Beyond the Provider's Control

If a Provider becomes unable, wholly or in part, to carry out an obligation under this agreement, due to a Force Majeure Event, the Provider must give to the Member prompt written notice of:

reasonable details of the Force Majeure Event; and
so far as is known, the probable extent to which the Provider will be unable to perform or be delayed in performing its obligation.

Subject to compliance with this clause, the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.

The Provider must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.

If the Provider is unable to overcome or remove the Force Majeure Event, or otherwise provide alternatives to perform their obligations, the Provider must provide a full refund to the Member (subject to the Provider's refund policies provided to the Member prior to making a Booking).

For the purposes of this agreement, a 'Force Majeure Event' means any:

act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
strikes or other industrial action outside the control of the Affected Party;
war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent that it affects the Provider's ability to perform its obligations.

10. Changes to Bookings and Cancellation by a Provider

10.1 Cancellation by a Provider

Subject to clause 8, a Provider must endeavour not to cancel a Booking once payment has been made by the Member.

If a Provider needs to cancel a Booking once payment has been made, the Provider must:

contact YONDA and provide reasons to explain the cancellation and, if applicable, offer alternative Travel Services to the relevant Member; and
YONDA will liaise with the Member on the Provider's behalf and if a workaround cannot be agreed on with the Member in relation to the Booking, the Provider will need to issue a refund to the Member for the Booking.

If a Provider cancels a Booking in accordance with this clause and the Member does not accept alternative Travel Services:

YONDA will retain the Commission; and
the Provider will be liable to reimburse the Member the entire Booking Fee, including the Commission at the Provider's expense.

10.2 Cancellation by a Member

Once a Member has made payment for Travel Services on the Platform, any changes to bookings by Members, including but not limited to changes of names, dates or destinations (Changes) or cancellations of any Bookings (Cancellations) will be subject to the Provider's terms and conditions in relation to Changes and Cancellations.

The Member must request any Changes and Cancellations by contacting YONDA, who will liaise with the relevant Provider on the Member's behalf.

Members acknowledge and agree that the Booking Fee is non-refundable and Providers may impose additional fees in relation to any Changes or Cancellations by Members.

11. Refunds, Credit and Complaints

11.1 Complaints

Any Member complaints should be directed to YONDA and not to the Provider directly. Any requests for a refund or store credit (YONDA Travel Credit) should be made in accordance with clauses 11.2 and 11.3 below.

11.2 Refunds

Any refund requests in relation to any Bookings or Travel Services should be made directly to YONDA. Any such request will be subject to the Provider's policies or terms and conditions.

All payments made to YONDA for Travel Services are deemed to be made to the Provider and YONDA is not responsible for any refunds a Provider may be required to give. Despite this, the Provider may refund the Member where the Member seeks a refund from the Provider, and the Provider has refunded that amount to YONDA.

The Provider is solely responsible for the supply and provision of returns and refunds of any Travel Services booked. Each Provider will have their own refund and return policy and it is strongly encouraged that the Member check with the relevant Provider before confirming the booking. Whilst Providers are obliged by law to provide a refund, return or permit a cancellation, YONDA makes no representations that Providers will comply with such obligations and accept no responsibility if they fail to do so. All refunds and cancellation fees are subject to the Member's rights under the ACL.

Any Subscription Fees and Commission received by YONDA are non-refundable unless YONDA has materially breached this agreement.

11.3 YONDA Travel Credit

Where YONDA Travel Credit is issued instead of a refund, the terms in clause 11.2 above also apply.

YONDA Travel Credit is valid for 3 years from the date of issue. You acknowledge and agree that YONDA Travel Credit is non-refundable and cannot be redeemed for cash under any circumstances.

11.4 GO Dollars

GO Dollars are governed by clause 4.5 of this agreement, which sets out the full terms relating to allocation, redemption, the Maximum Redemption Value (MRV) and forfeiture.

For the avoidance of doubt:

GO Dollars applied to a Booking are provisional at the time of booking and are only fully redeemed at the time of check-in or commencement of Travel Services;
the Member must hold an active Subscription at the time of check-in to retain the benefit of any GO Dollars applied to a Booking;
if a Member's Subscription is not active at check-in for any reason (including cancellation, suspension or non-payment), any GO Dollars applied to the Booking will be reversed and the Booking will be recalculated at the non-member or retail rate; and
GO Dollars have no cash value and are non-refundable.

12. Restrictions on Bypassing

Correspondence between Users must take place on the Platform. Users must ensure that their Account does not display any of their personal contact information at any time such that it can be viewed by any other User. Users agree to not give their contact details to any other User.

Users agree that they must not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any other User whom they came to know about, or with whom they provided Travel Services to directly or indirectly, by using the Platform. This provision will apply whether or not either of the Users is still active on the Platform.

YONDA may, in its absolute discretion, cancel an Account and suspend a User from using the Platform if it finds or suspects that the User has breached this clause 12.

13. Third Party Providers

Members acknowledge and agree that:

the Platform provides links and introductions to Providers owned and operated by third parties that are not under the control of YONDA;
the provision by YONDA of introductions to Providers does not imply a recommendation by YONDA of any Provider and should be relied on by Members as general information only;
YONDA does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Provider who uses or is listed on the Platform; and
any terms and conditions relating to a good or service, Listing or Booking Fees provided via the Platform constitute a contract between a Member and the Provider and do not involve YONDA in any way.

14. User Obligation

As a User, you agree:

to promptly provide all information, documentation, approvals and assistance reasonably required by YONDA, including, without limitation, providing passport or licence details and other documentation required to confirm an arrangement with a Provider. You understand that you are solely responsible for ensuring any such information or documentation is correct and that YONDA accepts no liability for any loss or damage suffered as a result of incorrect details being provided;
that you are solely responsible for ensuring you have a valid passport, visa and re-entry permit (as required) and any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of any applicable authorities are also your sole responsibility;
that you are aware of any health requirements and recommended precautions to travel, including any requirements or recommendations that are specific to any pre-existing medical conditions you may have. You understand that YONDA will not be responsible for providing such information to you and accepts no liability for any loss or damage suffered as a result of not being aware of health requirements;
to inform YONDA of any special requirements or requests for the Travel Services at the time of Booking including, without limitation, requests for particular bedding arrangements (for example, twin share, separate beds or additional rollaway beds), disability access requests or seating requests. YONDA will use reasonable endeavours to ensure your Booking includes these requests however cannot guarantee that the Provider will comply with any such request;
not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify YONDA of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive Travel Services, including:
- you must not use the Platform in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; and
- you must not use the Platform in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by YONDA;
not to act in any way that may harm the reputation of YONDA or associated or interested parties or do anything at all contrary to the interests of YONDA or the Platform;
you must not make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of YONDA;
that YONDA may change any features of the Platform or Travel Services offered through the Platform at any time without notice to you;
that information given to you through the Platform, by YONDA or another User including a Provider, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that YONDA may cancel your account at any time, including if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 14.

15. User's Content Posted on the Platform

15.1 Warranties

By providing or posting any Listings, questions, information, materials or other content on the Platform (Posted Content), you represent and warrant that:

you are authorised to provide the Posted Content;
the Posted Content is accurate and true at the time it is provided;
any Posted Content which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Content is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Content is not "passing off" of any good or service of another entity and does not constitute unfair competition;
the Posted Content does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Content does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Content does not breach or infringe any applicable laws.

15.2 Licence

All Users grant to YONDA a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Content in order for YONDA to use, exploit or otherwise enjoy the benefit of such Posted Content, including for advertising and promotional purposes.

If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Content, you forever release YONDA from any and all claims that you could assert against YONDA by virtue of any such moral rights.

You indemnify YONDA against all damages, losses, costs and expenses incurred by YONDA arising out of any third party claim that your Posted Content infringes any third party's Intellectual Property Rights.

15.3 Removal

YONDA acts as a passive conduit for the online distribution of Posted Content and has no obligation to screen Posted Content in advance of it being posted. However, YONDA may, in its absolute discretion, review and remove any Posted Content at any time without giving any explanation or justification for removing the Posted Content.

You agree that you are responsible for keeping and maintaining records of Posted Content.

15.4 Third Party Content

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). YONDA accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

16. Service Limitations

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that YONDA cannot and does not represent, warrant or guarantee that:

the Platform will be free from errors or defects;
the Platform will be accessible at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or true.

17. Protection of Information

17.1 Confidentiality

You agree that:

no information owned by YONDA, including system operations, documents, marketing strategies, staff information and Member information, may be disclosed or made available to any third parties; and
all communications involving the details of other Users on this Platform and of the Provider are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.

17.2 Privacy

You agree to be bound by the clauses outlined in YONDA's Privacy Policy, which can be accessed here.

17.3 Intellectual Property

YONDA retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.

You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from YONDA or as permitted by law.

In this clause 17.3, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.

17.4 Records and Audits

To the extent permitted by law, YONDA reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including conversations, User posts, bids, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving YONDA.

18. Disputes Between Users

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.

YONDA will not be responsible or liable for resolving any complaints between Users in relation to Travel Services or another User of the Platform. If you report any complaints or disputes to YONDA, YONDA may refer you to a mediator or arbitrator to assist in resolving your dispute. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

YONDA reserves the right to hold funds in relation to a dispute until the dispute is resolved, either by us, the relevant parties or by a mediator or arbitrator. We reserve the right to disperse funds held by us as we see fit, including by providing a User a refund.

Any costs you incur in relation to a complaint or dispute will be your responsibility.

If you have a dispute with YONDA, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.

Notwithstanding any other provision of this clause 18, you or YONDA may at any time cancel your Account or discontinue your use of the Platform.

19. Travel Insurance

All Members are strongly encouraged to purchase travel insurance from a reputable insurance provider prior to engaging in the Travel Services.

Members acknowledge and agree that use of this Platform or the payment of any Subscription Fees does not include or constitute the purchase of any travel insurance of any kind.

By using the Platform and purchasing Travel Services, you agree and acknowledge that there are inherent risks with travel and that you will be solely responsible for mitigating your risks and obtaining your own travel insurance.

20. Disclaimer

(Security) YONDA does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

(Introduction service) YONDA is a medium that facilitates the introduction between Members and Providers for the purposes of buying and selling Travel Services. YONDA simply collects a Commission in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Members and Providers in relation to such Travel Services or otherwise resulting from the introduction.

(Limitation of liability) To the maximum extent permitted by applicable law, YONDA excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform for its use or any Travel Services provided by any Provider. This includes the transmission of any computer virus.

(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into this agreement which may not lawfully be excluded, then to the maximum extent permitted by applicable law, YONDA's liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

in the case of Travel Services, the supply of the Services again, or the payment of the cost of having them supplied again.

(Indemnity) You agree to indemnify YONDA and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':

breach of any term of this agreement;
use of the Platform; or
your provision or receipt of Travel Services from another User.

(Consequential loss) To the maximum extent permitted by law, under no circumstances will YONDA be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any services provided by any Provider (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

21. Termination

YONDA reserves the right to terminate a User's access to any or all of the Platform (including any Account, Listings and other memberships) at any time without notice, for any reason.

In the event that a User's Account, access or membership is terminated:

the User's access to all posting tools on the Platform will be revoked;
the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and service listings or requests); and
the User may be unable to view the details of all Providers (including contact details, geographic details and any other details), and all Listings previously posted by the respective User will also be removed from the Platform.

Users may terminate their Account or membership on the Platform at any time by using the Platform's functionality where such functionality is available. Where such functionality is not available, YONDA will effect such termination within a reasonable time after receiving written notice from the User.

Notwithstanding termination or expiry of your Account or membership or this agreement, any provision which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

YONDA may immediately suspend or terminate a User's Account or Subscription where:

Subscription Fees remain unpaid following the process set out in clause 4.3;
payment methods are invalid or repeatedly declined and not remedied within the timeframes in clause 4.3; or
the Member breaches clause 4.4 (Fair Use of Membership).

Upon termination:

access to the Platform and all Subscription benefits will cease immediately;
any accrued benefits including GO Dollars and Giveaway Tokens will be forfeited; and
any Bookings where GO Dollars were applied and check-in has not yet occurred will be recalculated at the non-member or retail rate, and the Member will be liable for any price difference.

22. Notices

A notice or other communication to a party under this agreement must be:

in writing and in English; and
delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond for the purposes of the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:

24 hours after the email was sent; or
when replied to by the other party,

whichever is earlier.

23. General

Governing Law and Jurisdiction

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

Joint and Several Liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Interpretation

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, Table, exhibit, attachment or annexure is a reference to a party, clause, paragraph, Table, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all Tables, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word "includes" and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.