NUDIGO TERMS OF SERVICE

Effective from April 2019


If you do not agree to accept and abide by these Terms of Service, do not use our website. The website and its owners may update these Terms of Service at anytime and without notice. The onus is on you to keep up to date. Your continued use of the website will constitute your acceptance of these changes.

Use of the Site
You agree:

  1. You are over 18 years of age
  2. Not to use Nudigo for any purpose other than for its intended purpose.
  3. Not to interfere with the security of, or otherwise abuse the website or related systems and resources, and only use Nudigo for lawful purposes.
  4. You have the authority to accept the passage ticket conditions on behalf of all persons named on the booking.
  5. You have carefully read all the terms and conditions specific to the product you are booking before finalising your travel transaction.

Website and Content Provided 'As Is'
THIS WEBSITE AND CONTENT ARE PROVIDED 'AS IS' WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Nudigo DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE.

Third Party Suppliers
As a licensed travel agent, act only as an agent for services supplied on behalf of third parties such as airlines, cruise lines or hotel operators. Each supplier operates under their own terms and conditions. By booking services with a supplier you are subject to their own terms and conditions. It is your responsibility to ensure you are familiar with these terms. If you require further information about third party supplier's terms and conditions please ask us.

Price Guarantee
Prices can only be guaranteed when payment is cleared in our bank account prior to the expiry date of the booking. Every attempt to hold the price will be made, but if there is a variance in price, this must be paid and cleared in our bank account within the expiry date to guarantee the price. To expedite payment, make sure the booking number is in the reference of the payment.
Credit card payments can take up to 3 days to process. To avoid expiration issues, we suggest sending us confirmation of payment via email, or via our LiveChat service on our website.
All bookings will be automatically cancelled if no payment is received within this time.

Booking Conditions
Bookings are subject to the terms, conditions and requirements of carriers, hoteliers and other service providers. We reserve the right to cancel or re-schedule departures or itineraries if necessary. Where it is necessary, Nudigo may also substitute suppliers with others of at least a similar standard.

Fares and Prices
The booking forms within this site is a request only. Nudigo does not guarantee fares or prices until full payment has been received, funds cleared in out account.
Schedules and availability, fare conditions and prices can change at any time. Routing restrictions and other special conditions may apply. Deposits merely hold the reservations and do not guarantee prices.

Accuracy of Information and limitations of liability
Nudigo does not endorse or recommend any particular travel service provider. Nudigo and its third party suppliers have taken reasonable care that the content of this web site, including all travel information and listings is correct but is subject to amendment at any time without notice. Nudigo publishes such information in good faith and if in doubt you should check the terms and conditions of the Supplier directly to ensure any information displayed is correct at the time of booking.
As user, you acknowledge and accept that Nudigo accepts no responsibility or liability for any failure or delay on the part of any third party in providing travel services to you where your booking has been properly processed by it, nor are we responsible for any acts or omissions of airlines or other third parties in the course of delivery of such travel services. Under no circumstances will we be liable for direct, indirect, consequential or incidental damages including but not limited to lost profits or savings or damages for disappointment.

Payment Options
All prices are based on payment by cash, direct deposit. We do not accept cheques. As user, you agree to pay the merchant fee for credit card payments.

Cancellation fees
Cancellations must be made in writing via email. Travel service suppliers may charge cancellation and/or amendment fees. If you cancel or amend a booking these charges are your responsibility. In addition to those imposed by travel service providers a charge of $100 per person is payable to Nudigo for any cancellation prior to receiving full payment. After full payment has been received a cancellation will incur a fee of 10% of the total booking.

Amendment Fees
Where amendment of a booking is permitted by the travel supplier, a charge of up to $100 per person is payable to Nudigo for each permitted amendment, plus the individual suppliers fee.

Travel Documentation
Passport, Visa and Health requirements are the responsibility of individual travellers. Passports are required for all travellers departing Australia. Permanent residents travelling on a foreign passport must hold an Australian Re-entry Visa. Many countries require that foreign nationals entering hold a passport with at least six months validity. The final responsibility for ensuring documentation is correct is that of the individual traveller.
Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be your sole responsibility. Nudigo will not be held responsible for tickets lost by a third party, such as Australia Post. Any charges associated with reissue and resending of documentation will be a client expense.

Travel Insurance
TRAVEL INSURANCE IS HIGHLY RECOMMENDED FOR ALL TRAVELLERS. Please ensure you take note of the special inclusions and exclusions as they may relate to your particular circumstances. Pre-existing Medical Conditions and cover for this must be approved by the Insurer. If you have taken out another Travel Insurance Policy or believe you have adequate cover from a credit card policy we will require details of the insurance cover that you hold.
Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

Disinsection
Although not common, most countries reserve the right to disinsect aircraft if there is a perceived threat to public health, agriculture or environment. The World Health Organization and the International Civil Aviation Organisation have approved the following disinsection procedures: spray the aircraft cabin with an aerosolised insecticide while passengers are on board or treat the aircraft's interior surfaces with a residual insecticide while passengers are not on board. For more information, see: Disinsection

Taxes Imposed
A large number of Airport, Departure & Security Taxes are imposed by various countries, states and towns around the world and in Australia. Where applicable these have been included in the cost of the airline ticket and are shown in the relevant tax boxes. There may be some variations in final costs depending on exchange rate fluctuation and the number of taxes imposed at time of ticketing. Any additional costs or taxes that occur will be required to be paid.

Passports
Passports are required for all international travel. Passports must have a minimum of 6 months validity from the date of scheduled return to Australia. Travel documents and airline tickets must exactly match the name and spelling as appears in the passport. Additionally, for security reasons some airlines may require all details as they appear in the passport prior to ticketing. Please ensure that you advise your consultant of the correct details at the time of booking. We will need to sight your passport before any documents can be released and we will not be liable for any incorrect information given to us nor for any re-issue fees imposed by the airline or tour wholesaler should re-issue of documentation be required. If travelling on any passport other than Australian you must inform us immediately as it may be necessary to obtain a Re-Entry Visa into Australia or visas for other countries. Whilst we offer full assistance it is the responsibility of each traveller to ensure that they have full and correct documentation to undertake their journey.

Visa Requirements
Australian Passport holders require visas to enter some countries. Some countries allow for a 'visa free' stay for tourism purposes. If you are travelling on business this does not always apply. Also, if you or a member of your travelling party have a criminal offence entry may be denied. Please speak with your travel consultant about this.
Some consulates charge visa fees and we reserve the right to charge a service fee to cover courier fees and the like should we obtain this documentation on your behalf. Issuance of visas is not the responsibility of your travel agent and we cannot be held responsible should you be unable to obtain the correct visas to undertake your journey.
You must consult the relevant Embassy or Consulate for this information. Requirements may change and you should check for up-to-date information before booking and departure. We accept no liability if you are refused entry onto a flight or into any country due to your failure to carry the correct and adequate passport, visa, or other travel documents required by any airline, authority, or country, including countries you may just be transiting through. This includes all stops made by the aircraft, even if you do not leave the aircraft or airport.

Frequent Flyer Programs
Many airlines offer Frequent Flyer Reward Programs - if you are not a member of any of these programs we are happy to discuss your options and of course the benefits with you. Similarly, if you are a member of any Frequent Flyer program please ensure that your consultant is aware of this immediately so that the necessary steps can be taken to ensure that you earn the rewards. As a safeguard it is also advisable to keep all your boarding passes so that you can verify this against your Points Summary after travel has been completed.

Department of Foreign Affairs & Trade Warnings
BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL DESTINATIONS, NUDIGO DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
For reasons of political unrest, acts of war or terrorism or natural disasters in certain parts of the world the Australian Government in conjunction with various other worldwide bodies may decide to issue a Government Advisory warning to Australian passport holders not to travel to that country. In these instances whilst travel to some countries is not advisable and some clauses of the travel insurance coverage may not be affective we appreciate that some clients may still need to travel to those areas. Whilst we are prepared to make these bookings on our clients' behalf we do so without responsibility or liability.
Should you wish to check with the Department of Foreign Affairs their website address is: www.dfat.gov.au. There is also another service provided to Australian travellers where you are able to register your personal details i.e passport numbers, contact details in Australia and the countries you will be visiting. These details are automatically passed on to the relevant Embassies of the countries you will be visiting. Simply register via the website: www.orao.dfat.gov.au to utilise this service.
For Australian citizens, you can enquire at Smarttraveller website.

Limitations of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS WEBSITE AND THE CONTENT INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN.

IN NO EVENT SHALL NUDIGO OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE Terms of Service, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS WEBSITE, THE CONTENT OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE Terms of Service OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS WEBSITE OR THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO TWO (2.00) GREAT BRITAIN POUNDS.

SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Promotional Fares
Nudigo Promotional Fares are different from other airfares offered on the website. The name of the airline carrier is not shown until after payment has been made for the ticket. Generally, these tickets are subject to certain limitations, including no upgrades, no eligibility to fly standby on other flights, and no opportunity to earn frequent flyer miles. All Nudigo Promotional Fares tickets are final and cannot be changed, refunded, exchanged, cancelled, or transferred to another party. Your credit card will be charged for the amount shown even if you do not use the ticket.

Group Bookings
You may not book reservations for more than 8 rooms online for the same hotel/stay dates. If we determine that you have booked reservations for more than 8 rooms in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable. If you paid a non-refundable deposit, your deposit will be forfeited. If you wish to book reservations for 9 or more rooms, you must send us a request to Price a holiday for you on our website. You may be asked to sign a written contract and/or pay a nonrefundable deposit.
Some Suppliers may require you to present a credit card or cash deposit upon check-in to cover additional expenses incurred during your stay. Such deposit is unrelated to any payment received by Nudigo for your booking.

Indemnification
You agree to indemnify and hold Nudigo harmless against all claims or liability asserted against Nudigo arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Service.

Intellectual Property
All Content on this website is the property of Nudigo and its licensors and is protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, internet domain names, and other similar rights. All use of the Content without Nudigo's written permission is prohibited.

Trademarks
Nudigo is owned by Nudigo Pty Ltd under international copyright law, and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Nudigo or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Nudigo and may not be copied, imitated or used, in whole or in part, without our prior written permission.
All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Privacy
Nudigo is committed to respecting the privacy of the personal information of the individuals with whom we interact. Our Privacy Policy describes how we collect, use and disclose the personal information of those individuals who visit our website.

Currency of Website
While Nudigo updates the information on this website regularly, it cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this website. Nudigo may revise, supplement or delete information, services and/or the resources contained in the website and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Currency Converter
Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but Nudigo and/or its Suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorise the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

Linked Websites
The inclusion of links to third party links does not imply that Nudigo monitors or endorses these websites. Nudigo does not accept any responsibility for such websites. Nudigo shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.

Internet software or computer viruses
Nudigo shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this website or your downloading of any of the Content from this website. Nudigo recommends that you install appropriate anti-virus or other protective software.

Account Termination
In accordance with the Digital Millennium Copyright Act ('DMCA') and other applicable law, Nudigo has adopted a policy of terminating, in appropriate circumstances and at Nudigo's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Nudigo may also at its sole discretion limit access to the website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

Reviews, Comments, Photos and Other Submissions
We appreciate hearing from you. Please be aware that by submitting content to this website by electronic mail, postings on this website or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, 'Submissions'), you grant Nudigo and the affiliated, co-branded and/or linked website partners through whom we provide service (collectively, the 'Nudigo Affiliates'), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission.
You acknowledge that Nudigo may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant Nudigo the right to pursue at law any person or entity that violates your or Nudigo' rights in the Submissions by a breach of these Terms. You acknowledge and agree that Submissions are non-confidential and non-proprietary.
You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the Nudigo Affiliates or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the website. If you do not agree to these Terms, please do not provide us with any Submissions.
You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this website). You are prohibited from posting or transmitting to or from this website: any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this website. You acknowledge that Nudigo may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.
Nudigo claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.
Nudigo’s policies with respect to claims by third parties that the content of the website, including the content of any Submissions, infringes the copyrights owned by said third party can be found in the Claims of Copyright Infringement section below.
The Google® Translate tool is made available on this website to enable you to translate content such as user-generated hotel reviews. The Google® Translate tool uses an automated process to translate text and this may result in inaccuracies. Your use of the Google® Translate tool is entirely at your own risk. Nudigo does not warrant or make any promises, assurances or guarantees as to the accuracy or completeness of the translations provided by Google® Translate.

Notice and Procedure for Making Claims of Infringement
Nudipay Systems Ltd respects the copyright of others, and we ask our users to do the same. If you believe another member has committed copyright infringement, or your intellectual property rights have been otherwise violated, please provide Nudigo with a an email addressed to our CEO including substantially the following information:

  1. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
  2. Description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the website; your address, telephone number, and email address;
  3. A 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;
  4. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.

Please address your email as follows:
Nudigo Pty Ltd
travelhappy@nudigo.com
Attention: CEO
Subject: Claim of Infringement

However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. Nudigo is not liable for any damages related to communications to or from this website. You agree with respect to any information provided by you to us through this website or via e-mail that: Nudigo has no obligation concerning such information; the information is non-confidential; Nudigo may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law
This website is controlled, operated and administered by Nudigo from within Australian law and the laws of Queensland. This website can be accessed from Singapore, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Australia, by accessing this website, you acknowledge and agree that all matters relating to access to, or use of this website shall be governed by the laws of the Australia applicable therein (without reference to conflicts of laws principles).
You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of Queensland and Australia and acknowledge that you do so voluntarily.

General
Nudigo may not insist upon nor enforce strict performance of any provision of its Terms of Service. This shall not be construed as a waiver of any provision or right. 
If any provision or part thereof of these Terms of Service is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof.
The parties have requested that these Terms of Service and all documents relating thereto be drawn up in English.

Contact and Complaints
If you have concerns relating to this website or these Terms of Service, please download and complete the Complaint Form and email it, along with supporting documentation to travelhappy@nudigo.com

Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND NUDIGO, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND NUDIGO RELATING TO THE SUBJECT OF THIS MEMBERSHIP AGREEMENT.