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Hero Supplier Access Agreement USD


Recitals

  • Hero owns the Platform, Hero (www.hero.travel), which is intended to be used to facilitate Agents on behalf of their Customers and suppliers of Products connecting and Booking Products directly with each other.
  • The Supplier (hereby referred to as “Supplier”, “You”, “Your”) is a supplier of Products.
  • The parties desire to enter into an agreement for Hero to provide access to the Platform so that the Supplier can publish Listings and make available its Products for Booking.
  • Hero’s role is to support the Supplier to ensure that the Platform is online and available for use in accordance with the terms of this Agreement. Although Hero encourages Agents to search for Listings which may be of interest to Agents and its Customers, Hero is not an Agent and does not create Bookings that are the subject of Listings on behalf of Customers.

 

Definitions & Interpretations

In this Agreement unless the context otherwise requires:

  • Agency Agreement means an agreement between an Agent and Hero to, among other things, authorise the Agent to have access to and use the Platform
  • Agent means a travel agent / reseller
  • Agreement means this platform access agreement (Supplier), as amended from time to time, and includes the schedules and the Terms of Service
  • Consumer Law means laws designed to ensure the rights of consumers within the regulatory jurisdiction specified in Schedule C 
  • Booking means the booking and legally binding purchase, using the Platform, of a Product the subject of a Listing, by the Agency for and on behalf of a Customer from You
  • Business Day means the period commencing at 8am. and ending at 6pm. on a day of the week other than: A Saturday, a Sunday, National Public Holiday; A day in the period commencing with 25 December in a year and ending with 2 January in the following year; and if 1 January falls on a Friday, the following Monday; and if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday
  • Commencement Date means the date this Agreement is signed by You
  • Commission means the percentage of RRP Amount which is charged by Hero to You for each Booking, as specified in Schedule B
  • Customer means a person wishing to purchase through Agents Products made available for sale through the Platform
  • Expiry Date means the date specified as such in Schedule C
  • Fees means those outlined in Schedule B
  • Insolvency Event means a body corporate: has gone into liquidation, passed a winding-up resolution or received a deregistration notice; or anything analogous or having a substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction.
  • Listing means information, including still and moving images, that is published by You on the Platform about a Product that is made available by You for Booking via the Platform
  • Net RRP Amount means, in respect of a Booking, the RRP Amount less Commissions due
  • Party means a party to this Agreement
  • Platform means the “Hero” online booking platform and system owned and developed by Hero for the purpose of connecting Suppliers who have Products to sell with travel agents who have customers seeking to purchase such Products, including the www.hero.travel website and any other websites through which Hero makes the Products available, software, databases, servers, communication links and other peripheral network components required for the platform to function, and includes such platform as modified and upgraded from time to time
  • Product means accommodation, attractions, transport, tours, activities and other tourism and leisure based services and facilities in or relating to a specified geographical location
  • Remittance Period means each seven day period ending at 11.59pm on a Sunday.
  • RRP Amount means, in respect of a Booking, the amount payable by a Customer for the Booking, as set by You
  • Site means one or more physical location(s) of the Supplier’s place(s) of business where Users will access the Platform
  • Supplier Representative means the person designated by the Supplier to act on its behalf in connection with this Agreement, as named in Schedule C
  • Term has the meaning given to that term in clause 2
  • Terms of Service means the terms and conditions of using the Platform as stated in Schedule A
  • Ticket/Voucher means an electronic or paper ticket or voucher issued by You to a Customer for each Product the subject of a Booking
  • Transaction means the transfer of funds from a Customer to an Agent or from an Agent to Hero or from Hero to a Supplier, or vice versa
  • User means any individual authorised by You to act on Your behalf to manage Listings for Products on the Platform during the Term of this Agreement

 

1. INTERPRETATION

In the construction of this Agreement, unless the context requires otherwise:

  1. References to recitals, clauses, annexures, appendices and schedules are to recitals, clauses, annexures, appendices and schedules of this Agreement.
  2. References to any statute, regulation or other statutory instrument or by-law (“legislation”) include substitute provisions (whether in an amendment of existing legislation or in new legislation) that substantially correspond to those referred to.
  3. References to a person or persons include a reference to a body corporate, to a governmental agency and to an unincorporated body of persons.
  4. Headings to clauses are for convenience and will (unless otherwise specified) be ignored in construing this agreement.
  5. Derivatives of any defined word or term have a corresponding meaning, and “including” is not to be construed as a word of limitation.
  6. The plural includes the singular and vice versa.
  7. The contra proferentem rule of construction shall not apply.
  8. This Agreement is priced in the currency of the region determined within Schedule C.

 

2. TERM OF THE AGREEMENT

This Agreement will commence on the date of signing and, unless earlier terminated in accordance with its terms, will expire after 24 months (Term).

 

3. APPOINTMENT

  1. For Bookings via the Hero platform, you appoint Hero as Your payment collection agent and authorise Hero to accept RRP Amounts from Agents or Customers on Your behalf, on the terms and conditions of and with the scope of authority contemplated by this Agreement.
  2. You acknowledge that Hero will be appointed as a payment collection agent by other suppliers of Products made available for purchase on the Platform.
  3. You acknowledge that you have reviewed or have had a reasonable opportunity to review the terms of an agreement that is typical of each Agency Agreement. You authorise Hero to enter into, vary, waive, release and terminate Agency Agreements to the extent that Hero does so as Your payment collection agent, without requiring Your prior approval.

 

4. SERVICES PROVIDED BY HERO

  1. Hero will during the Term make available the Platform for You to create Listings and to accept Bookings. Any such Booking, including the contract for such Booking, is made between You and the Agent and its Customer, and specifically excludes Hero.
  2. Provided that you pay all applicable Fees when due in accordance with this Agreement, Hero will provide uninterrupted access to the Platform in accordance with and subject to this Agreement and the Terms of Service.
  3. Hero will cause the Platform to operate as effectively as possible and will use all reasonable endeavours to implement performance protection measures but shall not be responsible for outages due to: lack of bandwidth; denial or interruption of service, including of Microsoft Azure or any other cloud platform on which the Platform is hosted; outage due to riot, war, or other act, natural or man-made, outside Hero’s control; or scheduled maintenance in the ordinary course of business.
  4. Hero will provide to You training in the form of online documentation. On-site training by a Hero representative can be arranged for You and Your Users at a time or from time to time as agreed with you. Our costs incurred for any such on-site training will be at Your expense unless otherwise agreed in writing by Hero.
  5. Hero will provide to You technical, operational and billing Platform support in the form of a help-desk manned during each Business Day accessible to You via telephone, email, and online real-time messaging applications.

 

5. FEES AND PAYMENT TERMS

Your Obligations.

  1. You are liable to pay to Hero in accordance with clause 4.2 and Schedule B
  2. Hero will remit to You in the time and manner set out in Schedule B the aggregate of the Net RRP Amounts due to You and received by Hero for the supply of Products sold via the Platform and honoured to the Customer during a Remittance Period, less any applicable Fees (including GST) due by You to Hero. The determination of which Bookings have been honoured will be based on:
    1. Tickets/Vouchers issued for a specific travel start date where that start date has passed
    2. Tickets/Vouchers claimed by You via the Platform
  3. Hero will remit to You in the time and manner set out in Schedule B:
    1. Cancellation fees due to You for any cancellations made during the Remittance Period as per Your cancellation and refund terms and conditions
  4. You must not make a claim for a Ticket/Voucher on the Platform unless and until You have supplied the Product to the Customer holding that voucher.
  5. In the event that Hero does not remit to You any Net RRP Amount held by Hero (less applicable Fees and GST) in accordance with this Agreement for whatever reason, You acknowledge and agree that will have recourse only against Hero, and no claim or action against the Customer or the Customer’s travel agent
  6. Invoicing and reports – on the Monday immediately following the end of each Remittance Period Hero will make available to You online via the Platform and / or send to You via email (at its discretion):
    1. a recipient created tax invoice (RCTI) and/or statement for all amounts payable by You to Hero in relation to that Remittance Period, including all Fees charged by Hero pursuant to this Agreement and the GST applicable to such Fees; and
    2. a report of all Bookings made, including RRP Amounts and Commission data, and Net RRP Amounts due to You, in that Remittance Period.
  7. Taxes. The Supplier must pay any and all taxes, including GST, stamp duty, or other duties, fees and expenses arising out of this Agreement which are imposed by any government authority and which are not required to be paid by Hero.
  8. GST. In this Agreement the expressions “consideration”, “GST”, “supply”, “tax invoice”, “recipient”, “Recipient Created Tax Invoice” and “taxable supply” have the meanings given to those expressions in GST law.
  9. Unless otherwise expressly stated, all prices or other sums payable or consideration to be provided under or in accordance with this Agreement are exclusive of GST
  10. The recipient of a supply is entitled to a valid tax invoice in respect of the supply at or about the time of the supply.
  11. You authorise Hero to generate a RCTI based on its accounting for the Fees following the end of each Remittance Period. If Hero issues a RCTI to the Supplier the Supplier must not issue a tax invoice to Hero for the supply.

 

6. EXCLUSION OF LIABILITY AND WARRANTIES

  1. Hero warrants that is has the right and authority to permit You and Your Users to use the Platform based on the terms of this Agreement, including the Terms of Service. Hero warrants that the Platform will be reasonably fit at all times required by this Agreement for the purpose for which it is generally intended, which is to facilitate Agents searching for Listings and Booking Products on behalf of Customers directly with suppliers of Products. Otherwise, the Platform is provided on an “as is, where is” basis.
  2. Except as outlined clause 7 (Refunds and Cancellations) nothing in this Agreement obliges Hero to, or appoints Hero as Your agent in Your name or on Your behalf to:
    1. collect, request, or demand payment of Your debts from any third party including but not limited to Customers, save for Net RRP Amounts received by Hero; or
    2. challenge, resist or dispute requests from Customers or Agents on behalf of Customers for refunds for any Booking of any Product (in whole or in part).
  3. You acknowledge and agree that Hero is not a party to any contracts entered into between suppliers of Products (including You) and travel agents or Customers. Hero is not responsible for any damage or harm resulting from Your interactions with Agents or Customers, howsoever arising. By using the Platform, You agree not to attempt to impose liability on or seek any legal remedy from Hero with respect to the actions or omissions of Agents, Customers or other third parties. Hero does not conduct background checks on, and has no control over the conduct of, Agents, other users of the Platform or Customers, and disclaims any and all liability in this regard to the extent permitted by law. In particular, Hero cannot and does not control, and disclaims any and all liability to the extent permitted by law for the actions or omissions of any Customer or Agent, including: (i) any damage or destruction to property or injury or death caused by the acts or omissions of Customers or any person associated with a Customer; (ii) a Customer’s compliance with applicable statutory laws or contracts or covenants binding on the Customer, including payment covenants; or (iii) an Agent’s compliance with applicable statutory laws or contracts or covenants binding on it. Any Booking is made at Your own risk.
  4. You indemnify Hero against and must pay on demand all losses, costs and liabilities whatsoever directly or indirectly suffered or incurred by Hero or any of its officers, employees, agents or advisers arising from any third party claim made or legal proceedings commenced by or on behalf of any Customer or any other third party howsoever arising, whether in negligence, contract, under statute or otherwise, in connection with:
    1. Any error, omission, or inaccurate information relating to any of Your Listings or Your Products;
    2. The quality level of any of Your Products;
    3. The availability or lack of availability of any of Your Products;
    4. Injury, loss of life, loss of enjoyment due to the use of Your Product;
    5. Damage or theft of property relating to the use of Your Product;
    6. Your misconduct or negligence;
    7. Your breach of any of Your obligations pursuant to this Agreement, any contract with any Customer, or any law, including privacy laws and laws prohibiting misleading or deceptive conduct;
    8. Your actions or omission on the Platform or Your interaction with any Customer, Agent, or other User of the Platform;
    9. Your failure to hold licences or permits required to comply with the law, or appropriate or prudent insurance policies; or
    10. Your inability or unwillingness to supply a Product to a Customer or the cancellation or rescheduling of a Booking,
    11. Save to the extent caused by Hero’s fraud.
  5. You warrant that You have not relied upon any descriptions or illustrations or specifications contained in any document including any catalogues or marketing material in relation to the Platform, whether or not published or promoted by Hero, nor upon any representation or warranty made by Hero other than those expressly set out in this Agreement.
  6. To the extent permitted by law, all representations, warranties and guarantees, whether express, implied, statutory or otherwise relating in any way to the Platform or to this Agreement and not expressly set out in this Agreement are excluded.
  7. To the extent permitted by law, the liability of Hero for breach of any guarantee applicable to Hero’s services under this Agreement that cannot be excluded or modified by this Agreement, will be limited at the option of Hero to any one or more of the following:
    1. the supplying of the services again; or
    2. the payment of the cost of having the services supplied again.
  8. Notwithstanding any other provision of this agreement and to the extent permitted by law, in no event will Hero be liable to You or Your Customer for:
    1. any special, punitive or indirect damages; or
    2. any form of consequential loss or damage that does not arise naturally and directly from a breach of this Agreement by Hero;
    3. damages in the nature of loss of revenue, profits, reputation, contract, Booking or opportunity;
    4. interrupted use of, or change to or update of the Platform, errors in data or Transaction errors, howsoever arising (including by Hero’s negligence).
  9. Notwithstanding any other provision of this Agreement and to the extent permitted by law, Hero’s liability to You is limited, save in the case of Hero’s fraud, misconduct or negligence, to the aggregate amount of $100.
  10. The provisions of this clause 5 shall survive the expiry or termination of this Agreement.

 

7. REFUNDS AND CANCELLATIONS

  1. If any request is made by or on behalf of a Customer for a cancellation and/or refund of a Booking or part of a Booking, You must honour, and you authorise Hero to consider, approve and process, such request in accordance with: (i) the law; (ii) the terms of the applicable Agency Agreement; and (iii) Your cancellation and refund terms and conditions applicable to that Booking.
  2. Subject to clause 7.6, You agree that all cancellation and refund requests are to be processed through the Platform.
  3. Your cancellation and refund terms and conditions applicable to any Booking must be clearly set out on the Platform and made available to Agents and their Customers before any Booking can be made, and adhere to all applicable laws
  4. Hero reserves the right at any time, including in the event of a dispute between: (i) Hero and the Supplier; or (ii) Hero or the Supplier on the one hand and an Agent or a Customer on the other hand, in relation to a refund request, to pay the amount of the requested refund or the disputed amount to the Agent, in order that the Supplier may resolve the matter directly with the Agent or the Customer.
  5. In the case where a Transaction has already taken place from Hero to You for the supply of a Product, or where You have already claimed the voucher issued to the Customer for the Product for which a refund and/or cancellation is being requested, If, at the time that an Agent or Customer requests a refund:
    1. Any voucher issued to the Customer for that Product has already been claimed by the Supplier;
    2. The Transaction to transfer funds relating to that Product from Hero to the Supplier has already taken place;
    3. Any voucher associated with that Product has expired; or
    4. The Product to which the Booking relates has been consumed by the Customer;
      it is no longer the responsibility of Hero to consider, approve and process any refund request, and any such refund request must be considered, approved and processed by You. During and after the Term You indemnify Hero against and must pay on demand all losses, costs and liabilities whatsoever directly or indirectly suffered or incurred by Hero arising from any third party claim made or legal proceedings commenced by or on behalf of any Customer or any other third party howsoever arising, whether in negligence, contract, under statute or otherwise, in connection with a refund requested at a time when Hero had no responsibility for considering, approving and processing such request.
  6. Any refund, part refund, or cancellation request which is approved by Hero will result in a refund Transaction being applied to Your account during the current Remittance Period. Any such Transaction will appear on your reports and invoice for that Remittance Period.

 

8.FURTHER OBLIGATIONS OF HERO

  1. Confidentiality Hero acknowledges and agrees that information contained within the Platform may be commercially sensitive or confidential to You and/or the Agents using the Platform and will not disclose such information other than if required by law at Your request or with Your consent.
  2. Reports Hero agrees to record details of all Bookings and other Platform activity made by You, including Transaction and Booking details for each invoice, and to make this data available for You to view online or download as appropriate.
  3. Hosting, Privacy & Data Protection
    1. The Platform is physically located within Hero’s managed infrastructure running on Microsoft’s Azure hosting services in Sydney, Melbourne, and other locations in other countries. This is designed for continuity of service in the event of network and/or equipment failures and provides performance benefits to Users of the Platform in any country. You acknowledge and accept that as a result of this infrastructure design Your information, including company information, User information, Booking information, Customer information, Transaction information and associated data and/or reports (collectively Your Data) may be held and/or replicated to servers physically located worldwide.
    2. Hero will take reasonable steps to protect Your Data from misuse, interference, loss from unauthorised access, modification or disclosure, and will use industry best-practice approaches to data encryption, security, and protection.

 

9. FURTHER OBLIGATIONS OF YOU

  1. You must obtain and maintain for the Term all necessary licences, insurances and permits to enable You to supply the Products legally and by using the Platform you represent that you have obtained all such licences, insurances and permits.
  2. You must ensure that all Customer information passed to You in relation to a Booking is kept confidential and in line with your current Privacy Policy, which must be uploaded to the Platform and kept up-to-date.  You agree and acknowledge that all employees having access to Customer information have agreed to comply with your Privacy Policy and that disciplinary measures will be taken for non-compliance with that policy. 
  3. You must ensure that all information contained within or comprising a Listing published by You complies with all applicable law, legislation, regulations, codes and standards.
  4. You must ensure all information contained within or comprising a Listing published by You or otherwise entered by You on the Platform is materially accurate, complete and up to date, not in any way misleading, deceptive or indecent.
  5. You indemnify Hero against and must pay on demand all losses, costs and liabilities whatsoever directly or indirectly suffered or incurred by Hero or any of its officers, employees, agents or advisers arising from any third party claim made or legal proceedings commenced by or on behalf of any Customer or any other third party howsoever arising, whether in negligence, contract, under statute or otherwise, in connection with Your breach of clause 8.1, 8.2 or 8.3.
  6. You must honour all Bookings made through the Platform.
  7. If you are unable to provide the Product to a Customer after the Booking has been confirmed you must offer an alternative Product of a similar or better standard that the Product on the Booking, at Your cost, or offer a full refund to the Customer.
  8. You agree that the use of the Platform is only for Your own business to:
    1. Create and publish Listings;
    2. Make or accept Bookings;
    3. View statistics and other sales-related data relating to Your Products
    4. Claim payment from Hero for the supply of a Product to a Customer in accordance with this Agreement.
  9. You acknowledge and agree that any use of the Platform except as stated in clause 9.8 is strictly prohibited, including the disclosure or publication of any Listing except on the Platform, or the sale or attempted sale to a Customer or an Agent of a Product the subject of a Listing outside of the Platform.
  10. The provisions of this clause 9 shall survive the expiry or termination of this Agreement.

 

10. CONFIDENTIALITY

  1. Any information disclosed by either Party to the other in connection with or for the purposes of this Agreement shall be deemed confidential information of the disclosing Party unless that Party expressly indicates otherwise and shall be treated as set forth in this Agreement.
  2. Any information disclosed about a Party’s clients, business operations, technology, business prospects (including business plans or technology partners, or software) shall also be deemed confidential information. Market research data, usage volumes, destinations and profiles shall also be deemed confidential in this context. Information already in the public domain is not deemed to be confidential information.

 

11. FORCE MAJEURE

  1. Force Majeure means the occurrence of:
    1. an act of war (whether declared or not), hostilities, invasion, act of foreign enemies, terrorism or civil disorder;
    2. a strike or strikes or other industrial action or blockade or embargo or any other form of civil disturbance (whether lawful or not), in each case affecting on a general basis the industry related to the Parties and which is not attributable to any unreasonable action or inaction on the part of either Party or any of its subcontractors or suppliers and the settlement of which is beyond the reasonable control of all such persons;
    3. tempest, earthquake, flood or any other natural disaster of overwhelming proportions;
    4. discontinuation of electricity supply, telephone or other communication services, or SaaS, service hosting or equipment hosting outages;
    5. any other circumstances beyond the reasonable control of the Party affected.
  2. Neither Party shall be in breach of its obligations under this Agreement (other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other Party (otherwise than under any express indemnity in this Agreement) if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event.
  3. As soon as reasonably practicable following the date of commencement of a Force Majeure Event, and within a reasonable time following the date of termination of a Force Majeure Event, any Party invoking it shall submit to the other Party reasonable proof of the nature of the Force Majeure Event and of its effect upon the performance of the Party’s obligations under this Agreement.
  4. If a Party is prevented from carrying out its obligation under clause 11.2 for a period of 30 days or more, either Party may terminate this Agreement immediately upon giving written notice to the other Party.

 

12. TERMINATION

  1. If either Party breaches a material term of this Agreement (including a payment obligation), the non-defaulting Party may give the defaulting Party written notice of the breach and twenty (20) Business Days to cure the breach. If the defaulting Party fails to cure the breach in the 20 Business Day period the non-defaulting Party shall have the right to terminate this Agreement by notice with immediate effect. Hero shall have the right to suspend the Supplier’s access to the Platform at any time while a breach of a material term by the Supplier remains un-remedied.
  2. If either Party suffers an Insolvency Event or the other Party has reasonable grounds to believe that the first mentioned Party is likely to suffer an Insolvency Event, the other Party shall have the right to terminate this Agreement by notice with immediate effect.
  3. Hero may terminate this Agreement by written notice with immediate effect if:
    1. You or Your Product or Products suffer from consistently poor Customer or Agent feedback; or
    2. Hero reasonably believes that Your Product or Products are unsafe, not in compliance with law or of an unsatisfactory standard or quality which diminishes the reputation of the Platform.
  4. You may terminate this Agreement:
    1. in accordance with clause 12.3; or
    2. at any time with 30 days’ written notice.

 

13. ENTIRE AGREEMENT

  1. This Agreement, including the Terms of Service, represents the entire agreement between Hero and You in relation to its subject matter and supersedes all prior negotiations, correspondence, discussions, and representations or agreements, either written or oral.
  2. Except as stated in clause 12.3, this Agreement may be amended only by written agreement executed by both Hero and You.
  3. Hero reserves the right at any time, at its sole discretion and with 30 days’ prior notice, to:
    1. change any Fee by posting on the Platform and via email to You; or
    2. modify or replace the Terms of Service, in accordance with the Terms of Service, and You may (as Your only recourse) terminate this Agreement at any time prior to the expiry of the 30 Day notice period, by notice to Hero with immediate effect, and with no liability to pay any cancellation fee to Hero.

 

14. NOTICES

Any notice, demand, or other communication required to be given under this Agreement that cannot be posted on the Platform shall be in writing and shall be forwarded by personal delivery, prepaid registered mail, or email, and sent to the Representatives of the applicable Party at the respective addresses stated in Schedule C

 

15. JURISDICTION

This Agreement shall be governed by the laws of Australia (New South Wales). Any disputes arising under this Agreement shall be resolved in court of the nominated region.

 
16. SEVERABILITY

In the event that any one or more of the provisions contained in this Agreement shall, for any reasons, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement or any other such instrument.

 

17. ASSIGNMENT

You may not assign this Agreement or your rights under this Agreement without Hero’s prior written consent. 


Schedule A – Terms of Service

Hero provides the Platform. By using the Platform, You agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”). These Terms govern Your access to and use of the Platform and all text, graphics, images, audio, video, information, pricing or other materials published on or through the Platform (“Content”), and together with the Hero Platform Access Agreement constitute a binding legal agreement between You and Hero. Please also read carefully our Privacy Policy at www.hero.travel/privacy-policy. By accessing or using the Platform, You are indicating that You have read, and that You understand and agree to be bound by these Terms. If You do not agree to these Terms, You have no right to use the Platform.

Modification Hero reserves the right, at its sole discretion, to modify or replace these Terms, at any time and with 30 Days’ prior notice. If we modify or replace these Terms, we will post the modification or replacement details on the Platform and provide You with notice of the modification via email. By continuing to access or use the Platform after we have posted a modification or replacement of these Terms on the Platform or have provided You with notice of a modification or replacement, You are indicating that You agree to be bound by the modified Terms. Hero reserves the right, at its sole discretion, to modify or replace the Platform at any time without prior notice, including the website at which the Platform is accessed by users.

No Endorsement Hero does not endorse any Product or Agent. You understand that all Content comprising a Listing are intended only to indicate a representation of the relevant Product at the time the Content was created.

Booking Terms The Customers or their Agents, not Hero, are solely responsible for paying for Bookings. If You choose to enter into an agreement with a Customer for the Booking of a Product, You acknowledge that Hero is not a party to such agreements, and that, with the exception of its limited payment obligations hereunder, Hero disclaims all liability arising from or related to any such agreements.

User Conduct You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to Your use of the Platform. In connection with Your use of the Platform, You may not and You agree that You will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court;
  • use manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained within the Platform;
  • use the Platform for any personal or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access any information contained on the Platform for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Platform in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
  • “stalk” or harass any other user of our Platform, or collect or store any personally identifiable information about any other User or Agent other than for purposes of transacting as an Supplier;
  • recruit or otherwise solicit any Supplier or Agent to join third-party services or websites that are competitive to Hero, without Hero’s prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or Your affiliation with any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Platform;
  • systematically retrieve data or other content from our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Platform, or any individual element within the Platform, Hero’s name, any Hero trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, without Hero’s express written consent;
  • access, tamper with, or use non-public areas of the Platform, Hero’s computer systems, or the technical delivery systems of Hero’s providers;
  • attempt to probe, scan, or test the vulnerability of any Hero system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Hero or any of Hero’s providers or any other third party (including another User) to protect the Platform;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.

Hero has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.

Hero may access, preserve and disclose any of Your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Hero or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Agents or suppliers of Products, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Hero , its users, or members of the public. You acknowledge that Hero has no obligation to monitor Your access to or use of the Platform or to review or edit any content, but has the right to do so for the purpose of operating and improving the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure Your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Hero reserves the right, at any time and without prior notice, to remove, modify or disable access to any Listing or Content that Hero, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform.

Privacy See Hero’s Privacy Policy at www.hero.travel/privacy-policy for information and notices concerning Hero’s collection and use of Your personal information.

Ownership and intellectual property The Platform is protected by copyright and trademark. You acknowledge and agree that the Platform and all search, Booking and other information and data in connection with the Platform and its usage, including all associated intellectual property rights, is and are the exclusive property of and vest upon creation in Hero. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform. You warrant that you have all necessary authority to publish, and hold and will at all relevant times hold all rights to the intellectual property subsisting in any and all Content that you publish comprising a Listing (“Supplier Content”), and that no Supplier Content will infringe any third party’s intellectual property rights. You grant to Hero a non-exclusive, royalty-free licence under the intellectual property subsisting in any and all Supplier Content to re-publish on the Platform and otherwise use to advertise or market the Platform.

Links The Platform may contain links to third-party websites or resources. You acknowledge and agree that Hero is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Hero of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources or the content, products or services on or available from such websites or resources. Some portions of the Hero platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at, www.google.com/intl/en_us/help/terms_maps.html.

Proprietary Rights Notices All trademarks, service marks, logos, trade names and any other proprietary designations of Hero used herein are trademarks or registered trademarks of Hero. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Contacting Hero If You have any questions about these Terms please contact Hero at [email protected]

 

Schedule B – Fees & Billing

 

    Platform Setup Fee           N/A  Platform Access Fee is waived
    Termination Fee N/A  Termination Fee is waived
    Remittance Terms Payment via EFT to Your nominated bank account (specified below), 
  paid every 4-weeks, following travel date.
    Commission Rate Net payments to You based on commission rate of %
   
      

 

 

Schedule C – Company & Contact Details

Executed as an Agreement with Hero Travel Ltd, Australia, ABN 53169198501

             
   Legal Company Name         
   Trading / Brand Name
   Business Number
   Website
   Physical Address
   Postal Address
   Accounts Phone
   Accounts Email
   Reservations Phone
   Reservations Email
   Reservations System

 

Schedule D – Payment Details

To receive funds from Hero:

   Financial Institution     
   Branch Address
   Name on Account
   Transit Number    
   Account Number
   IBAN Number
   SWIFT Code

 

Additional Information Required

Your Terms & Conditions

Fare Type Ages

Cancellation & Refund Policy

 

Leave this empty:

Hero - Supercharge your sales! ™ http://hero.travel
Signature Certificate
Document name: Hero Supplier Access Agreement USD
Unique Document ID: 98db5886a16200e3a23c9886a01e053fe099e18e
Timestamp Audit
2019-11-26 19:13:16 AEDTHero Supplier Access Agreement USD Uploaded by crec rfrf Travel - [email protected] IP 150.101.114.248