The terms and conditions in this document constitute a binding agreement (“Agreement”) between You and Droga & co. Pty Ltd ABN 36 629 566 801 (referred to hereafter as either “WT Website”/”us”/“we”/our in these Terms and Conditions). By accessing and using this website, You acknowledge that You understand and agree to be bound by these terms and conditions (“Terms”). If You do not understand the Agreement or do not accept any part of it You may not use it. Where we deem necessary, these Terms may be varied from time to time by way of update to the WT Website. These Terms apply whether You are a registered user or merely visiting this site.
THE TERMS UPON WHICH WE CONDUCT OUR SERVICES
Droga & co. Pty Ltd operates the WT Website. The WT Website is an online platform accessible at the www.welltraveller.com.au address. The WT Website operates to link wellness hospitality and tourism focused businesses with individual users make use of services offered by a wellness tourism operator or looking to stay at wellness orientated accommodation. The WT Website facilitates this by providing listings for wellness tourism business services. You may view these listings as an unregistered visitor to the WT Website or You may register an Account. If You wish to make an enquiry with regard to a particular listing, We will require certain personal information such as Your name and email address.
2.1 By continuing to use the WT Website You hereby indicate Your acceptance to the Agreement (including any changes or amendments that we make from time to time).
2.2 As valuable consideration for our promise to provide our services, You confirm that You will comply with the Terms of this Agreement.
3.1 Unless the context otherwise requires, the following terms have the following meanings:
Account means an account registered by a Well Traveller Operators that is accessible via the WT Website and allows the Well Traveller Operators to update information.
Content means any wording, images, graphics, text, music, software, audio, video, information, or other materials but does not include the WT Website itself or any of its components.
Enquiry(s) means an enquiry made by a user via the WT Website with regard to either wellness tourism accommodation, retreats or other wellness tourism related experiences or services provided by a WTO.
Enquirer means a User who requests to make a booking for a WTO Service or an individual making an Enquiry about a Listing via the WT Website.
Listing means a commercial service advertised and listed by a WTO via the WT Website.
Subscriber means a person who completes a WT Website account registration process, including but not limited to WTO or Enquirer.
Subscriber Content means all Content that a Subscriber may publish, upload, create or submit and is made available on the WT Website.
User means a visitor or Enquirer or individual making a booking for a WT Service.
We/Us/Our means WT Website, Droga & co. Pty Ltd or a related entity or assignee.
Wellness Tourism Operator/ WTO means a Subscriber managing an Account who provides a WT Service and Listing via the TW Website to prospective Enquirers and Users.
WT Content means all content that WT makes available through the site, application, associated social media or services, including any content licensed or created for or from a third party.
WTO Service means the wellness travel related service provided by a WTO to an Enquirer.
You means a Subscriber or User of the WT Website.
4.1 When You create an Account on the WT Website You are responsible for all activity You subsequently undertake. You therefore use the WT Website and Your Account at Your own risk. You may only use the WT Website and Your Account for activity specifically related to Your business and not for any other purpose.
4.2 Other than by way of our consent or as permitted by law, You must not copy or use any part of the WT Website nor distribute or make any commercial gain from its use. You must not use any logos or other trademarks displayed on the WT Website, whether registered or not, or modify them in any way without our written permission or consent from the lawful owner.
4.3 Whilst we aim to ensure all information on the WT Website is up-to-date details may change from time to time. Furthermore, we cannot guarantee uninterrupted, fault-free or error-free service.
4.4 You are not permitted to and therefore agree not to circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the WT Website or attempt to do so.
5.1 Where a User makes a booking with a WTO via the WT Website, the transaction is entered into directly with the WTO. We are not responsible for any WTO Service not performed nor where a WTO provides a service in a manner incongruent with a User’s expectations.
5.2 By making an Enquiry, a WTO may make an offer to provide You with its WTO Service. When an offer is made by a WTO in response to an Enquiry for their services and where You accept that offer, You will enter into a contractual arrangement directly with the WTO and You will be bound by their terms.
5.3 We provide services as an advertising platform for WTO’s by operating the WT Website for business listings. We do not charge visitors or Enquirers for the use of the site however, we may receive payment from WTO’s in return for their Listing.
5.4 Without limiting any other rights that may be available to us, we reserve the right to remove any Listing from our website at any time.
5.5 Whilst You may make an Enquiry or request further information about a WTO via the WT Website, we reserve the right to refuse these Enquiries or requests for any reason we deem necessary.
5.7 In our capacity as an advertising platform for businesses You may receive correspondence from us regarding a business service including an offer made to You by that business.
6.1 We provide Accounts and render Listings to enable a WTO to manage their WTO Services communication. In order for an Account to be created You must first be approved by us.
6.2 Should You know of or suspect any unauthorised use of Your account, You must notify us as soon as possible and we will cancel or disable Your Account or Listing immediately. At any point You may request Your Account or any Listing to be paused, disabled or terminated.
6.3 We reserve the right to disable, terminate, or suspend an Account or Listing for any reason we deem necessary, whether that be because of a lack of congruency with our goals, values, brand or for practical reasons.
6.4 Unless You elect to opt-out of receiving particular materials or where You unsubscribe from the WT Website, we may send You administrative or promotional materials. Such materials may be sent electronically or by any other means.
6.6 For reasonable circumstances or where it is out of our control, Your Account or Listing may be unavailable. Whilst we will undertake every reasonable step to ensure this does not happen, we cannot be held liable where the website or Your Account or Listing becomes unavailable.
7.1 Where a User cancels a requested booking prior to the commencement of any WTO Service any WTO’s terms of cancellation, refunds and/or exchanges shall apply unless otherwise agreed between the WTO and User.
8.1 You agree and acknowledge You are entirely responsible for the Content You provide to us in Your Listing and You must maintain and update any Listings You post. You also warrant the following:
8.1.1 any Listing posted we will not breach any agreement You have entered into with a third party; and
8.1.2 any WTO Service will be provided in compliance with any relevant law, regulation, rule or direction applicable, including obtaining any requisite permits, licences, insurances and/or permissions; and
8.1.3 any WTO Service or Content you provide will not conflict with the rights of any third party and is clear of any claims of breach of intellectual property including copyright or other encumbrance.
8.2 We do not assume any responsibility or liability with regard to any WTO Service you provide to a User.
8.3 Where we deem necessary, we may remove and/or disable access to any Listing for any reason without prior notice and reserve the right to do so at our sole discretion. We will not be liable for any consequences if we fail to remove access due to Your non-compliance with any third-party agreement or applicable law.
8.4 You acknowledge we do not act as Your representative. Your further acknowledge:
8.4.1 no relationship of agency exists between us and nothing can be construed to render us Your agent; and
8.4.2 we do not take any booking on Your behalf; and
8.4.3 we do not act as an insurer; and
8.4.4 Any third-party arrangements You enter into (for example but not limited to the sub-hiring of services, facilities etc) are managed between You and that third-party and we shall not be a party to any contractual arrangement relating to this. For the avoidance of doubt, our role is only that of an advertising and marketing web platform.
8.5 As a service providing business providing a Listing on the WT Website, You agree and acknowledge that you must respond to any Enquiry or booking request and provide all appropriate services to complete the transaction with a User.
9.1 When a WTO provides you with a WTO Service You are responsible for complying with any terms and conditions the WTO requires.
9.2 Any Listing for WTO Services is indicative only and all details should be clarified with the WTO. In no circumstances shall we become liable for any changes to information in a WTO’s Listing.
9.3 When visiting this WT Website no information should be relied upon without making independent inquiries as to the accuracy of the information being presented. For example, any photographs supplied in a Listing are purely provided by example unless otherwise stated and we are unable to verify the information a WTO provides us. You therefore acknowledge that we rely on a WTO providing up-to-date information in their Listings. We make no warranty nor can be held responsible for any inaccuracies or errors in materials or information the WTO provides.
9.4 As the WT Website may contain links to a WTO’s website and as any transaction link will transfer You away from this WT Website and onto the WTO’s site, we hereby disclaim all liability for all information, materials, products or services offered by the WTO that may be accessed at the WTO’s site.
9.5 We make no representation regarding the quality of the WTO Services and we hereby disclaim all liability for any failure of services offered or advertised by a WTO. We expressly disclaim acting on behalf of the WTO.
9.6 When You visit this WT Website You agree and acknowledge that any transaction you subsequently enter into with a WTO for a WTO Service will result in You entering into a contractual arrangement, whether express or implied, with the WTO. Accordingly, the WTO is entirely responsible for providing the WTO Service to You. Users also understand and acknowledge that as we are not a party to that agreement we are not liable for any disputes between You and the WTO.
9.7 Where a WTO displays any fees or prices for a WTO Service in a Listing, You understand and acknowledges that this may change at the WTO’s discretion and we can neither control this nor be liable for any amendment to fees or prices
10.1 Where a WTO creates an Account and subsequently posts Listings without making payment for fees rendered in consideration for the services we provide, we reserve the right to remove the Listing from our site until payment has been received. In the event of non-payment, we may seek to recover any monies owed by any legal remedy available.
10.2 We may, at our discretion, elect to terminate any contractual arrangement for any reason we determine necessary and reserve the right to do so, including but not limited to a breach of these terms or where the arrangement may cause damage to our business reputation. Where such termination is affected, we may, at our sole discretion issue a refund in full or part.
11.1 Other than in the case of negligence or wilful conduct on our behalf, whereby our liability shall be limited to the resupply of any service we provide, to the extent permitted by law, we will not be responsible or liable for any loss or damage arising under or in connection with this Agreement and occurring from Your access to and use of the WT Website or any related content or information. For the avoidance of doubt any implied warranty that may arise is excluded.
11.2 Australian Consumer Law provides certain statutory guarantees for consumers which cannot be excluded. Nothing in these Terms modifies or excludes those guarantees.
12.1 You indemnify us against any loss, cost or liability we incur including legal costs and expenses and the cost of time spent, resources used, or disbursements paid and arising from or in connection with a breach of this Agreement.
12.2 This indemnity survives the termination of this Agreement for any reason.
13.1 We do not guarantee this WT Website or any third-party website linked to it is free from viruses or other material that could affect Your device. You should take Your own precautions against these risks.
13.2 We may, at our discretion and where we deem necessary vary the terms at any time without notice.
13.3 If any term is or at any time becomes void or unenforceable for any reason, that term is severed from this Agreement and the remaining terms shall continue to be enforceable and shall be construed to give effect to these remaining terms.
13.5 These Terms contain the entire agreement between us and You and are governed and construed by the laws of Australia.
These terms and conditions specifically refer to the products and services offered under the Well Traveller Exclusive Visa Offers (Program) which may be purchased on Our website and are in addition to the General Terms and Conditions above, however, clauses 5.1, 5.2, 7.1, 8.4.2, 8.4.4, 8.5, 9.4 and 9.6 of the General Terms and Conditions do not apply to arrangements made under this Program.
We sell vouchers for wellness travel experiences and products advertised and promoted as part of the Well Traveller Exclusive Visa Offers (“Program Experience” in the case of travel experiences and “Product” in the case of physical products). In our capacity offering these booking vouchers, we are not a common carrier, nor a private carrier, nor an agent of a third-party supplier of these Program Experiences and in this respect, we do not provide any of the travel, accommodation, activities described on this WT Website. Instead, we make arrangements to sell a Voucher which You may subsequently redeem (“Voucher”) with a third-party wellness travel supplier of services (“WTO”) or Product Supplier (“Product Supplier”). It is important You understand that You will also be subject to the terms and conditions of any WTO or Product Supplier supplying the Program Experience or Product You select in addition to the terms and conditions found on this WT Website.
Within 14 days of purchase of a Voucher, You may request a refund if You change Your mind and have not yet redeemed the Voucher. A refund will apply to the cost of the Voucher but will not apply to any transaction or delivery fees. After 14 days, You should contact the WTO or Product Supplier relating to Your Voucher if You have any requests for refunds or exchanges. Please note that any such requests with the WTO or Product Supplier will be subject to the WTO/Product Supplier’s own refund and exchange policies and are not within our control.
If Your Program Experience is cancelled or is not able to be taken due to a Force Majeure Event (this term is defined below), We will offer You a choice of either:
For the purpose of this clause a “Force Majeure Event” includes (but not limited to) means any act, event or cause including COVID-19 or other pandemic, earthquakes, cyclones, floods, fires, lightening, storms or other acts of God, strikes or industrial disputes, riots, terrorist acts, civil disturbances, breakages of machinery, or industrial conditions, or arising out of any other unexpected and exceptional cause, delays in transportation and dispositions or orders of governmental authority which prevents a trip to commence, continue or be completed.
For any reason and at any time, we reserve the right to accept or reject Your Voucher purchasing order, including, but not limited to, the unavailability of any Program Experience or Product, an error in the price of the Product or Program Experience description, or an error in Your order. If we cancel Your order, we will provide a full refund of any payment received. Once placed, You cannot cancel Your order.
Vouchers shall be redeemable for a period of up to 2 years from date of customer purchase with a minimum 12-month validity. This means You must use Your Voucher within 12 months, however, for a further 12-month period the WTO may elect whether to provide the Program Experience or supply of Product. During this further 12-month period the WTO or Product Supplier may require an additional charge if the price has subsequently increased.
All prices include 10% Australian Goods and Services Tax (GST)
Please provide accurate delivery details. This means including Your correct email address or physical address for post/courier delivery. It is Your responsibility to ensure these details are correct. We cannot be held responsible for any damaged, missing or delayed orders where incorrect or incomplete delivery details (address and, if relevant, appropriate delivery instructions) have been provided. Furthermore, we cannot be held liable for any loss suffered from third-party provider errors or delays including missed email delivery that occurs as a result of blocked email filters, firewalls or delays/missed deliveries from post or courier services.
If for any reason Your Voucher doesn’t arrive, please contact us immediately and We can arrange for the Voucher to be emailed to You free of charge.
We do our best to work with WTO’s whom we believe to be reliable, reputable, and who operate in accordance with the applicable standards, however, as we do not provide the services related to the Program Experience, You will be subject to the WTO own terms, conditions and limitations. It is important to understand some of these terms and conditions may exclude or limit liability in respect of death, injury, delay, loss or damage to You or Your property. Accordingly, as We do not provide the Program Experience and have no control over any aspect of their operations, We cannot accept responsibility for any Program Experience and we therefore do not offer any warranty. Given this, any legal recourse You may have in respect of a WTO’s Program Experience is against the relevant WTO and not against Us.
Please note that You will also be subject to the terms and conditions of the WTO in addition to these terms and conditions.
Any photographs and descriptions we use when depicting Program Experiences are provided to us by the relevant WTO and are used as an indication only.
The Australian Consumer Law provides You with statutory consumer guarantee rights to protect You. Subject always to Your rights under this legislation, We can make no warranties regarding the services provided by a WTO and cannot accept any liability for any loss or damage for any act, omission or default, whether negligent or otherwise of a WTO or third party. Where Our liability cannot be excluded, such liability is limited to the value of the Voucher purchased.
Some Program Experiences provided by WTO’s may be subject to certain restrictions. Where these apply, they will be listed on the Program Experience listing and in the email of Your booking confirmation. Please read this information carefully. It is Your responsibility to understand any restrictions prior to confirming Your booking. It is Your responsibility to adhere to any statutory or government-based requirements that are imposed. For example, You may not be able to undertake Your Program Experience if You are not able to demonstrate to the WTO’s satisfaction that You have complied with current government regulations (such as full COVID-19 vaccination or medical exemption).