Terms of use - WayAway.io

July 15, 2022

Before using WayAway, you (meaning the user, as a visitor of the website or user of our other products that are subject to these Terms of Use) should familiarize yourself the present document (hereinafter referred to as the “Terms”), according to which we provide you with access to WayAway. Any use of our website, app, or any other web service on which WayAway or its software (functionality) is hosted is recognized as acceptance of these Terms, meaning you are giving your explicit consent to use WayAway under the conditions established below, as well as your consent to the Privacy Policy and Cookie Policy.

IF YOU DON’T ACCEPT THESE TERMS IN FULL, YOU MUST REFRAIN FROM USING WAYAWAY OR ANY OTHER PRODUCTS THAT ARE SUBJECT TO THESE TERMS AND LEAVE THE WAYAWAY WEBSITE OR RESPECTIVE WEBPAGE.

1.  General information
   1. WayAway is owned and operated by Go Travel Un Limited, a Hong Kong corporation (registration No. 1658681) with a legal seat at Suite 1504, 15/F, Chinachem Tower, 34-37 Connaught Rd Central, Hong Kong, and its subsidiaries (hereinafter referred to as the  “Owner”).
   2. WayAway is a multifunctional software product that incorporates two main features (online services): Metasearch Engine and the “WayAway Plus” subscription product. Additionally, WayAway is a constantly developing product, which means that it may, from time to time, incorporate other features, media activities, and services either separated or connected with the WayAway’s core features.
   3. WayAway is intended for personal, non-commercial purposes only. The main purposes of the core features are established as follows:
      1.  The Metasearch Engine:
      • Allows users to search and receive, based on their queries and the functionality of the software, information about flight tickets and other travel services offered by third parties (metasearch service). Third parties offering travel services through the platform include airlines, OTAs, booking systems, hotels, and other partners of the Owner;
      • Can provide users, who subscribe to WayAway’s marketing mailing, with statistical information about the prices of flight tickets and other travel products for selected travel services at specific destinations and locations as well as with promotional information about WayAway and third parties through electronic communication channels, including messengers and push notifications;
      • Provides WayAway users with the means to personalize the functionality of the website after authorization, including remembering data specified by the user;
      • Fulfills other legitimate user demands that are implied and can be met by using WayAway functionality exclusively through the user interface.
      2. The “WayAway Plus” Subscription Product:
      • The purposes of this core feature include all the points stated in p. 1.3.1. as well as some additional purposes described in the Additional Terms related to this specific product. Find out more here.
   4. WayAway can also provide users with all sorts of potentially useful information about different travel locations, routes, places to visit, and facilities (for informational purposes only, not as a recommendation or advertisement). Posting information and content in any form regarding travel locations, products, services, and providers of such services on WayAway constitutes neither a recommendation, instruction, or call to purchase such service nor an assessment or comparison of such services/partners among themselves.
   5. Important. WAYAWAY IS NOT A SERVICE THAT ALLOWS YOU TO DIRECTLY PURCHASE FLIGHT TICKETS OR OTHER SERVICES/PRODUCTS. ANY COMMERCIAL INTERACTIONS WITH THE USER REGARDING A PURCHASED SERVICE FOUND ON WAYAWAY OCCUR ON THE SIDE OF WAYAWAY’S PARTNERS. THE OWNER DOESN’T PARTICIPATE IN THESE INTERACTIONS IN ANY WAY. IN CASE OF DISPUTES REGARDING PURCHASED TICKETS OR OTHER SERVICES, YOU AGREE TO SEEK THEIR RESOLUTION DIRECTLY WITH THE PARTIES WHO ENTERED INTO THE LEGAL RELATIONSHIP WITH YOU TO PROVIDE THE RELEVANT SERVICES AND/OR RECEIVED PAYMENT (HOTELS, AIRLINES, CAR RENTALS, ETC.) OR THEIR AUTHORIZED AGENTS.
   6. Changes to these Terms. The Owner reserves the right to unilaterally change these Terms at any time and without prior notice. Notification about changes made to these Terms and information about their current version is published on this page. Changes to the Terms come into force from the date of their publication, unless otherwise specified in the relevant publication.
   7. If, for any reason, any of the conditions of these Terms are found to be invalid, the Terms will be enforced to the fullest extent permitted by applicable law and the other conditions will remain valid and in force.
2.  Dispute resolution and arbitration
   1. YOU AND THE OWNER AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS,
      THAT OCCURRED IN THE PAST OR SHOULD OCCUR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING INDIVIDUAL ARBITRATION (AND NOT CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTIONS OR ARBITRATION) RATHER THAN IN COURT OR VIA ANY OTHER PROCEEDING.
   2. Any of your concerns and claims arising out of the present Terms and/or the use of WayAway must first be dealt with via a pre-court dispute settlement procedure. In the event of a dispute, you agree to send your complaint to the Owner both electronically and physically (to the legal address mentioned in p. 2.3 of these Terms). The response period is 30 days from the date on which the Owner receives the electronic version of the complaint.
   3. Small claims court and the right to opt out of arbitration within 30 days. You or the Owner may pursue a dispute in court instead of by arbitration only (a) in small claims court in your area of residence or (b) IF YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS FROM THE DATE YOU FIRST CONSENTED TO THESE TERMS. You may opt out by mailing written notification to the Owner by email to our legal team (legal@gtu.ltd) followed by postage to our legal address (Attn: Legal Department, Suite 1504, 15/F, Chinachem Tower, 34-37 Connaught Rd Central, Hong Kong). Your written notification must include: (1) your full name, (2) your mailing address, (3) the email address associated with your Account, and (4) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt out will have no adverse effect on your relationship with the Owner. You are responsible for ensuring the Owner's receipt of your opt out notice and, therefore, may wish to send a notice by means that provide written confirmation of receipt. Any opt out request received after the opt out term will be invalid and, in the event of such a case, you can only pursue your dispute in arbitration or small claims court.
   4.  If we are unable to resolve the dispute within 35 days after the date on which the written complaint is received, then either you or the Owner may start an arbitration proceeding with:
      •  the American Arbitration Association, if you live in North America (the AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879)
      • the International Centre for Dispute Resolution if you live anywhere else ("ICDR", www.icdr.org)
   5. The arbitration shall be held in English by a single arbitrator. Any arbitration shall be individual and not a class, collective, consolidated, or representative arbitration. The place of arbitration shall be the judicial district that includes the address you provide in your written notification. If you do not live in North America, the arbitration shall take place in Prague, Czech Republic.
   6. You are responsible for all additional fees and costs that you may incur in relation to the arbitration, including, but not limited to, expenses related to attorneys or expert witnesses.
   7. You understand and agree that, by using WayAway (i.e., accepting these Terms), you and the Owner are waiving the right to a trial before a judge or jury in a public court.
3.  The use of WayAway
   1. By using WayAway and visiting websites/applications of the Owner, you confirm and guarantee that you have reached the age of majority in your country of residence, have the necessary legal capacity to do so, have received the necessary consent and permissions if acting in someone else’s interest, and provide accurate, full, and reliable information when using WayAway.
   2. The Owner grants you, free of charge, a non-exclusive and non-transferable worldwide license to access and use WayAway on a personal device, for your private interest only, in accordance with the direct functional purpose of WayAway, and exclusively for the legitimate purposes specified in the Terms.
   3. Interaction with WayAway, including the formation of search queries for flight tickets, is carried out exclusively by means of the digital interface provided to users.
   4. When using WayAway, you agree:
   • not to interfere with the work of WayAway in ways that may result in a violation of its performance, including forming requests outside of the user interface;
   • not to any programs or applications that are not authorized by the Owner to interact with WayAway;
   • not tomodify, improve, translate into other languages, decompile, disassemble, decode, frame, emulate, violate the integrity of, or restore the source code of WayAway or any of its parts;
   • not to use WayAway or the content available on WayAway for illegal purposes or in order to pursue unfair purposes (e.g., visiting a partner web-resource and making fraudulent bookings).
   5. The Owner reserves the right, at any time and at their sole discretion, to terminate maintenance of WayAway, change its functionality, as well as prohibit a specific user, while the user is obliged to stop using WayAway if specifically requested to do so.
   6. The functions of WayAway allow users to personalize the service for their own needs. You agree to the fact that your authorized access of the website, use of the Personal Account assigned to you on WayAway, and access to certain features, promotions, or search history, is regulated in the same way as unauthorized access.
   7. The Owner has the right, at any time, to remove any of your content and/or restrict the access of other users to said content, if such content or your actions may potentially, in any way, violate these Terms, the Privacy Policy, applicable legislation, or generally accepted behavioral norms on the internet, or threaten the security of the service or the service of third parties as well as their psychological state.
4.  Disclaimers and liability
   1. The WayAway functionality is provided "as is." The Owner does not provide any warranties regarding the error-free and uninterrupted operation of WayAway or its parts, components, or features, nor compliance of WayAway’s functionality witht the specific expectations of the user. The Owner does not guarantee the veracity, accuracy, completeness, and timeliness of data provided by WayAway, nor do they provide any other warranties, which are not expressly stated in these Terms, including when providing support services regarding the use of the metasearch service or other available functionality.
   2. The Owner is not responsible for any direct or indirect consequences of any use or inability to use WayAway (including data) and/or the damage caused to you and/or third parties as a result of any use, non-use, or inability to use WayAway or its separate components and/or functions, including as a result of possible errors or failures in its operation.
   3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY INTENTIONAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE DAMAGES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE OWNER’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION, HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.
   4. You agree to use WayAway in accordance with the laws of the country in which you are located and bear liability for violating restrictions on the use of WayAway or its different functions according to respective legislation.
   5. You are solely responsible before third parties for your actions related to the use of WayAway, including if such actions result in violating the rights and legitimate interests of third parties, as well as for compliance with applicable legislation when using WayAway.
5.  Intellectual property
   1. Intellectual property rights to the objects of intellectual property of WayAway implemented therein (software and hardware product, interface, algorithms, design, mechanics of interactions, texts, images, databases, knowledge, trademarks, trade names, other means of identification, etc.), as well as domain names, are vested in the Owner or third parties, which are the rights holders and provide the Owner with a license or are distributed by the Owner on behalf of the rights holders.

   Disclaimer: WayAway’s name and logo are both independent and combined trademarks that are used by the Owner, officially and legitimately, to conduct the business described above. All the WayAway branded materials (name, logo, color palette, font, design) that you may view on the website and that refer to the Owner’s business shall be considered part of the WayAway trademark and/or intellectual property of the Owner.

   2. Intellectual property objects and other third-party content, exclusive rights to which are not licensed or vested in the Owner, are displayed solely to inform users about a particular airline, OTA, booking system, etc., that is available, for example, on the search results page on WayAway. Nothing should be construed as our pretension to such third-party content or as granting any license or right to use displayed content on WayAway without the express written permission of its respective owner.
   3. The use of the intellectual property objects of the Owner is only possible within the framework of the functionality offered by WayAway. You agree that the use of WayAway does not grant you any rights to the specified intellectual property objects, except for the rights explicitly specified in the Terms.
   4. Any content that WayAway receives from you, upon authorization or through any other use of WayAway, must be rightfully accessible to you and must not violate the rights and legitimate interests of third parties or applicable law. You provide the Owner with a free of charge, perpetual, transferable, revocable, sub-licensable license to use, modify, reproduce, distribute, and prepare derivative works of, publicly perform, and publicly display (in any form and on all mediums now known or hereafter devised) all content provided. The Owner can use such content in any format, channel, platform, or territory with the right to localize it into other languages. If uploaded or submitted to WayAway, you further provide permission to use your name, image, or other personal attributes in connection with such content.
6.  Miscellaneous
   1. Choice of law. The validity, construction, and interpretation of these Terms and the relationship between you and the Owner, including the rights and duties of both parties, will be governed by the laws of the State of California (USA) without regard to its conflict of legal provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from agreements by virtue of applicable law.
   2. Waiver and severability of Terms. Any waiver or failure to enforce any right or provision of these Terms on one occasion will not be deemed a waiver of any other right or provision on any other occasion.
   3. Assignment. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. Owner has the right to transfer, assign, or otherwise dispose of these Terms without your consent.
   4. If you wish to provide any feedback regarding the use of WayAway, the contents of the present Terms, or to ask any questions you may have regarding the use of WayAway, please contact our support team. If you are a rights holder and believe any content on WayAway violates your rights, please write to our legal team.