Terms of Service

These Terms and Conditions ('Terms') govern your access to and use of the Sojournii platform ('Platform'), operated by Atypical (ABN 24 716 351 826) ('we', 'us', or 'our').

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

• 'Booker' means any person who uses the Platform to make a booking with an Operator.
• 'Operator' means any business or individual who subscribes to use the Platform to receive bookings.
• 'Platform' means the Sojournii website, applications, and all related services.
• 'User' means any Operator or Booker who accesses or uses the Platform.

Sojournii is a software platform that enables Operators to manage and receive bookings from Bookers. We act solely as a technology provider and do not participate in, control, or take responsibility for any bookings, services, or transactions between Operators and Bookers.

3.1 Operators

To register as an Operator, you must be at least 18 years of age (or the minimum age required to hold an Australian Business Number), hold a valid ABN or equivalent business registration, and have the legal authority to bind the business you represent.

3.2 Bookers

Bookers must meet any age or eligibility requirements set by the individual Operator with whom they are booking.

4.1 Subscription and Payment

Operators pay a subscription fee to access the Platform. Subscription fees are processed via Stripe and are non-refundable except as required by Australian Consumer Law. If any payment is not received by the due date, we may charge interest on overdue amounts at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date until the date of payment.

4.2 Operator Responsibilities

Operators are solely responsible for:

• The accuracy of all information, listings, pricing, and availability they provide on the Platform
• The delivery of services to Bookers in accordance with the booking details
• Compliance with all applicable laws, including consumer protection, privacy, and anti-discrimination laws
• Setting and enforcing their own booking terms, cancellation policies, and age restrictions
• Handling all disputes, complaints, refunds, and cancellations directly with Bookers

4.3 End Users and Sub-Accounts

At our discretion, we may permit Operators to create sub-accounts or allow their employees, contractors, or agents ('End Users') to access and use the Platform on their behalf. Operators must ensure that each End User complies with these Terms as if they were a party to them. The acts and omissions of End Users are deemed to be the acts and omissions of the Operator, and the Operator agrees to indemnify us for any loss arising from an End User's failure to comply with these Terms.

4.4 Content

Operators may upload content including text, images, and other materials to the Platform. Operators retain ownership of their content but grant us rights to use such content as described in Section 8 (Intellectual Property).

Operators warrant that they have all necessary rights to their content and that such content does not infringe any third-party rights or violate any laws. We are not responsible for reviewing, monitoring, or verifying Operator content.

5.1 Booking Relationship

When you make a booking through the Platform, you enter into a direct contractual relationship with the Operator. We are not a party to this contract and have no control over the Operator's services, pricing, or policies.

5.2 Payment

Operators process payments for bookings through their own payment gateways (such as Stripe, Square, or PayPal). We do not process, hold, or have access to booking payments.

5.3 Disputes and Refunds

All disputes, cancellations, and refund requests must be directed to the relevant Operator. We do not mediate disputes or process refunds for bookings.

All Users agree not to use the Platform to:

• Violate any applicable law or regulation
• Infringe any intellectual property or other rights of any person
• Transmit any unlawful, harmful, threatening, defamatory, or otherwise objectionable material
• Attempt to gain unauthorised access to the Platform or any related systems
• Interfere with or disrupt the Platform or its infrastructure
• Use automated means to access or interact with the Platform without our prior written consent

Users must not:

• Copy, modify, adapt, decompile, disassemble, reverse engineer, or attempt to derive the source code of the Platform or any part of it
• Create derivative works based on the Platform
• Sublicense, sell, resell, transfer, assign, or distribute the Platform or access to it
• Use the Platform to build a competitive product or service, or copy any features, functions, or graphics of the Platform for use in a competing service
• Remove, alter, or obscure any proprietary notices on the Platform

Usernames, account identifiers, URLs, subdomains, and other identifiers assigned or selected through the Platform are provided on a non-exclusive, revocable basis. We reserve the right to reclaim, reassign, or require changes to any identifier at any time and for any reason, including but not limited to:

• Inactivity
• Violation of these Terms
• Potential confusion with our brand, trademarks, or official accounts
• System or technical requirements
• Legal or regulatory compliance
• Requests from trademark holders or other rights owners

We will make reasonable efforts to notify you before reclaiming an identifier, but are not obligated to do so. You have no ownership rights in any identifier and are not entitled to compensation if an identifier is reclaimed or reassigned.

All intellectual property in the Platform (excluding User content) is owned by or licensed to us. Nothing in these Terms grants you any rights to our intellectual property except the limited right to use the Platform in accordance with these Terms.

By uploading, submitting, or otherwise providing any content to the Platform (including but not limited to text, images, logos, descriptions, and other materials), you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to use, reproduce, distribute, display, and create derivative works from such content for the purposes of operating, promoting, and improving the Platform. This licence continues even if you stop using the Platform or your account is terminated.

Operators grant us a limited, revocable, non-exclusive, royalty-free licence to use their trade name, logos, and trademarks in our advertising, marketing, and promotional materials and activities, including on our website, social media, presentations, case studies, and promotional media. This includes the right to publicly identify Operators as customers of Sojournii. Operators may revoke this licence at any time by providing written notice to us.

9.1 Platform Liability

To the maximum extent permitted by law, our total liability to any User for any claims arising out of or in connection with these Terms or the Platform is limited to the amount of subscription fees paid by that User in the 12 months preceding the claim.

9.2 Third-Party Services

The Platform relies on third-party services and infrastructure (including but not limited to hosting, authentication, payment processing, and email delivery). We are not liable for any service failures, outages, interruptions, or performance issues caused by these third-party providers. We do not guarantee continuous, uninterrupted, or error-free operation of the Platform.

9.3 User Systems

We are not responsible for any issues arising from your hardware, software, internet connection, browser, operating system, or other aspects of your technology environment. It is your responsibility to ensure your systems meet any requirements for using the Platform and to maintain appropriate security measures on your devices.

9.4 Data Backup

You are solely responsible for maintaining backups of your data, including any content, information, or records you upload or create on the Platform. We do not guarantee that data will be recoverable in the event of system failures, outages, or data loss, and we are not responsible for performing backups on your behalf.

9.5 Exclusions

We are not liable for:

• Any acts, omissions, services, or conduct of Operators
• The accuracy, completeness, or reliability of any information provided by Operators
• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or business opportunities

9.6 Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.

You agree to indemnify and hold us harmless from any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of your use of the Platform, your breach of these Terms, or your violation of any rights of a third party.

We do not control, endorse, or assume responsibility for any content uploaded by Operators. We act as a passive conduit and host for such content. If you believe any content infringes your rights, please contact us at legal@sojournii.com with details of the alleged infringement.

12.1 By Users

Operators may cancel their subscription at any time. Bookers may cease using the Platform at any time.

12.2 By Us

We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice.

12.3 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. We will retain your data for a period of 6 months following termination, after which it may be deleted.

12.4 Data Export

During the 6-month retention period following termination, you may request a copy of your data by contacting us at legal@sojournii.com. We will provide your data in a commonly used electronic format within a reasonable timeframe. We may charge a reasonable fee to cover our costs in extracting and providing your data.

13.1 Changes to the Platform

We reserve the right to modify, update, suspend, or discontinue the Platform (or any part of it) at any time, with or without notice and without liability to you. This includes changes to features, functionality, user interfaces, APIs, pricing structures, and service availability. We are not obligated to maintain, support, or update any particular feature or aspect of the Platform. Your continued use of the Platform following any changes constitutes acceptance of those changes.

13.2 Changes to These Terms

We may modify these Terms at any time by posting updated Terms on the Platform. Your continued use of the Platform after such changes constitutes acceptance of the modified Terms.

Each party agrees to keep confidential, and not to use or disclose other than as permitted by these Terms, any confidential information of the other party. Confidential information includes business plans, customer data, pricing, technical information, and any other information that is designated as confidential or that a reasonable person would understand to be confidential.

The obligations of confidentiality do not apply to information that is publicly available through no fault of the receiving party; was already known to the receiving party before disclosure; is independently developed by the receiving party without use of the confidential information; or is required to be disclosed by law, provided that the disclosing party gives reasonable notice to the other party where permitted.

You agree that you (and you will ensure your employees, agents, and contractors) will not directly or indirectly disparage us or any of our employees, agents, or contractors; make any statement or publication (whether oral, written, or on any social media platform or online forum) that is intended or likely to bring us into disrepute or ridicule; or make any statement or publication that is intended or likely to adversely impact our reputation or public perception.

Neither party will be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond that party's reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government actions, power failures, internet or telecommunications failures, or failures of third-party service providers.

If a force majeure event continues for more than 60 days, either party may terminate these Terms by providing 30 days' written notice to the other party.

If a dispute arises out of or in connection with these Terms, a party must not commence court proceedings (except for urgent interlocutory relief) unless it has first attempted to resolve the dispute by negotiation. The party claiming that a dispute has arisen must notify the other party in writing, setting out the details of the dispute.

Within 14 days of receiving a dispute notice, authorised representatives of both parties must meet (in person or by video conference) and attempt in good faith to resolve the dispute. If the dispute is not resolved within 28 days of the dispute notice, either party may commence court proceedings or pursue any other remedies available at law.

18.1 Governing Law

These Terms are governed by the laws of Tasmania, Australia. You submit to the exclusive jurisdiction of the courts of Tasmania.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18.3 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Platform and supersede all prior agreements.

18.4 Assignment

You may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to another entity, in which case we will notify you in writing.

If you have any questions about these Terms, please contact us at:

Atypical
ABN: 24 716 351 826
Email: legal@sojournii.com