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Hero Agency Access Agreement (HP)


RECITALS

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

 

  1. DEFINITIONS AND INTERPRETATIONS

    1. DEFINITIONS In this Agreement unless the context otherwise requires:
      1. Agency Representative means the person designated by the Agency to act on its behalf in connection with this Agreement, as named in Schedule C
      2. Aggregate Net RRP Amount means the aggregate of the Net RRP Amounts for all Bookings (including GST) created during a Billing Period
      3. Agreement means this platform access agreement (Agency), as amended from time to time, and includes the schedules and the Terms of Service
      4. Billing Period means each 7 day period ending on at 11.59pm on a Sunday during the Term, or the period commencing on the Commencement Date and ending at 11.59pm on a Sunday, if the Commencement Date is not a Monday, and the period commencing at 12.00am on a Monday and ending on the final day of the Term, if the final day of the Term is not a Sunday.
      5. 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 the Supplier of that Product
      6. Booking Fee means a fee payable by a Supplier to Hero for or in relation to a Booking, as negotiated between the Supplier and Hero
      7. Business Day means the period commencing at 8am. and ending at 6pm. on a day of the week other than
        1. A Saturday, a Sunday, National Public Holiday or State Public Holiday
        2. A day in the period commencing with 25 December in a year and ending with 2 January in the following year; and
        3. If 1 January falls on a Friday, the following Monday; and
        4. If 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday
      8. Commencement Date means the date specified as such in Schedule C
      9. Commission means the amount, including GST, payable by a Supplier to You for or in relation to a Booking
      10. Customer means a person wishing to purchase through travel agents Products made available for sale through the Platform
      11. Expiry Date means the 12 Months from the date of this Agreement
      12. Fees means the amount specified in Schedule B
      13. Insolvency Event means a body corporate:
        1. has gone into liquidation, passed a winding-up resolution or received a deregistration notice under local law;
        2. is insolvent within the meaning of local law or circumstances exist which would require a court to presume that the body corporate is insolvent;
        3. has entered or taken any steps to enter, or proposes to enter, into any arrangement, compromise or assumption with or assignment for the benefit of its creditors or a class of them;
        4. has stopped, suspended or threatened to stop or suspend paying its debts as and when they fall due;
        5. is subject to administration under local law,
        6. or anything analogous or having a substantially similar effect to any of the events specified above happens under the law of any applicable jurisdiction.
      14. Listing means information, including still and moving images, that is published by a Supplier on the Platform about a Product that is made available by the Supplier for Booking via the Platform
      15. Net RRP Amount means, in respect of a Booking, the RRP Amount less Commissions due to You
      16. Party means a party to this Agreement
      17. 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
      18. Platform Access Fee means the amount specified as such in Schedule B
      19. Product means accommodation, attractions, transport, tours, activities and other tourism and leisure based services and facilities in or relating to a specified geographical location
      20. RRP Amount means, in respect of a Booking, the amount payable by a Customer for a Booking, as set by the Supplier of the applicable Listing
      21. Supplier means a person who is authorised by Hero to create and publish Listings
      22. Term has the meaning given to that term in clause 2
      23. Terms of Service means the terms and conditions of using the Platform as stated in Schedule A
      24. Transaction means the transfer of funds from a Customer to the Agency, or from a Customer to Hero, or from the Agency to Hero or from Hero to a Supplier, or vice versa, as the context requires
      25. User means any individual authorised by You to act on Your behalf to process Bookings during the Term

    2. 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 by You within Schedule C.

  2. TERM OF THE AGREEMENT

    This Agreement will commence on the Commencement Date and, unless earlier terminated in accordance with its terms, will expire after 12 Months (Term).

  3. SERVICES PROVIDED BY HERO

    1. Hero will during the Term make available the Platform for You to find Listings and to create Bookings on behalf of Your Customers. Any such Booking, including the contract for such Booking, is made between You or Your Customer and the Supplier and specifically excludes Hero.

    2. Provided that you pay all 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 email and online real-time messaging applications.

  4. FEES AND PAYMENT TERMS 



    Your Obligations.


    1. Hero acts as the Supplier’s payment collection agent for the limited purpose of accepting funds from You or Your Customers on behalf of the Supplier. Upon Your payment to Hero, Your payment obligation or Your relevant Customers’ payment obligation to each Supplier is extinguished, and Hero is responsible for remitting to each such Supplier the Net Amount due to such Supplier. 
    2. On the Monday immediately following the end of each Billing Period, Hero will make available to You online via the Platform a report of all Bookings made, Commissions due to You, and Net Amounts due to each Supplier in that Billing Period. 

    3. On the Friday immediately following the end of each Billing Period, Hero will either pay Commissions due to You, or collect Net Amounts due from You, as determined by the Monday report. This will be based on whether Hero has collected RRP Amounts from Your Customers (eg. by the use of Hero’s credit card facility), or You have collected RRP Amounts from Your Customers (eg by the use of Your own credit card facility / cash).
    4. The Agency 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.
    5. All GST arising out of Bookings made by You or Your Customers, including Commissions, must be paid by You or Your Customers and is not the responsibility of Hero. You understand, acknowledge and accept that it is Your responsibility for accounting for any GST on Bookings made by You or Your Customers and that You take full responsibility for maintaining Your own calculations with respect to GST on Bookings. You must indemnify Hero against any damage, loss or expense that Hero may suffer arising out of You or any of Your Customer’s failing to properly carry out Your or Your Customer’s obligations in respect to GST reporting and payment as required by law. Hero will provide You with a report of Your Commissions earned and GST included. The provision of the information set out in clause 4.2 and in this clause by Hero to You is the extent of Hero’s obligations with respect to GST related information on Bookings made by You or Your Customers. You agree that no further information is required from Hero to determine Your or Your Customer’s GST liability arising out of Bookings made by You or Your Customers.

  5. 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 travel agents searching for Listings and Booking Products on behalf of Customers directly with Suppliers. Otherwise, the Platform is provided on an “as is, where is” basis.
    2. Except as outlined in clause 6 (Refunds and Cancellations), to the extent permitted by law Hero disclaims any and all liability to Customers, save in the case of Hero’s fraud.
    3. You indemnify Hero against and must pay on demand any losses, liabilities or costs whatsoever directly or indirectly suffered or incurred by Hero or any of its officers, employees, agents or advisers arising out of:
      1. any claim made or legal proceedings commenced by or on behalf of any of Your Customers, howsoever arising, whether in negligence, contract, under statute or otherwise, save to the extent caused by Hero’s fraud;
      2. 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;
      3. Your actions or omission on the Platform or Your interaction with any Customer, Supplier or other User of the Platform;
      4. Your misconduct or negligence.
    4. Except as outlined clause 6 (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 or Suppliers;

      2. process requests from Customers including requests for refunds for any Booking of any Product (in whole or in part);

      3. refund any payment made by You or a third party including Your Customers in connection with a Booking, whether or not You are required to refund any amount to a third party including Your Customers.
    5. You acknowledge and agree that Hero is not a party to any contracts entered into between Suppliers and travel agents (including You), Suppliers and Customers (including Your Customers), or travel agents (including You) and Customers (including Your Customers), even if Hero collects Payments from Your Customers. Hero is not responsible for any damage or harm resulting from Your or Your Customers’ interactions with Suppliers, 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 Suppliers or other third parties . Hero does not conduct background checks on, has no control over the conduct of, Suppliers, travel agents, other users of the Platform or Customers, and disclaims any and all liability in this regard to the extent permitted by law. Hero cannot and does not control, and disclaims any and all liability to the extent permitted by law for: (i) any Listing, including its content or lack of content or the accuracy or legality of its description of a Product; (ii) any Product, including its condition, safety, legality or suitability to a particular Customer; or (iii) any Supplier, including its solvency or its compliance with applicable statutory laws or contracts or covenants binding on it, notwithstanding Hero’s appointment as the limited payment collection agent of Suppliers. Any Booking is made at Your or Your Customer’s own risk.
    6. 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.
    7. 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.
    8. 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.
    9. 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).
    10. Notwithstanding any other provision of this Agreement and to the extent permitted by law, Hero’s liability to You or Your Customers is limited, save in the case of Hero’s fraud, to the aggregate amount of all Monthly Platform Access Fees paid by You under this Agreement in the prior 12 month period, or $100 if such Monthly Platform Access Fees were nil. This clause 5 shall survive the termination or expiry of this Agreement.

  6. REFUNDS AND CANCELLATIONS

    1. Subject to clause 6.2, any request by You to Hero for a refund payable upon the cancellation of a Booking or part of a Booking will only be considered, approved and processed by Hero on behalf of the Supplier of the Product to which that Booking relates if that request complies with the Supplier’s terms and conditions applicable to that Booking, or is made on the basis of statutory right to a refund which applies to the sale of the Product to which that Booking relates.
    2. If, at the time that You request a refund under clause 6.1:
      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 made directly to the Supplier.
    3. You acknowledge and agree that Hero acts as the payment collection agent of Suppliers, for the limited purpose of accepting payments, on behalf of Supplier, from Your Customers for Bookings. 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 You or Your 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 Supplier, in order that You or Your Customer may resolve the matter directly with the Supplier.
    4. If a Supplier’s terms and conditions for full or partial refunds of RRP Amounts payable upon the cancellation of a Booking or part of a Booking include any kind of cancellation fee or deduction, then the amount of any refund approved by Hero on behalf of the Supplier will be subject to such fee or deduction in accordance with those terms and conditions.
    5. Subject to clause 6.6, the amount of a RRP Amount that comprises a Booking Fee is non-refundable and will be deducted from the refund to Your Customer of all or less than all of the RRP Amount.
    6. If a Supplier cancels a Booking which results in a refund of all or less than all of a RRP Amount to a Customer, the amount of a RRP Amount that comprises a Booking Fee will be refunded to Your Customer, and the Booking Fee will be paid by the Supplier to Hero.
    7. Any refund or part refund request which is approved by Hero will result in a refund Transaction being applied to Your account at the end of the Billing Period during which approval is given. Any such Transaction will appear on Your reports and invoice for that Billing Period.

  7. FURTHER OBLIGATIONS OF HERO

    1. Hero acknowledges and agrees that information contained within the Platform may be commercially sensitive or confidential to You and/or the Suppliers and will not disclose such information other than if required by law or at Your request or with Your consent
    2. Hero warrants that any Personal Information which may be collected or processed via the Platform and/or in the course of the provision of the Services shall be treated in accordance with the following Privacy Policies:
      1. For Your Personal Information: http://hero.travel/privacy-policy/
      2. For the Personal Information of Your Customers: http://hero.travel/consumer-privacy-policy/
    3. Hero agrees to record details of all Bookings and other Platform activity made by You, including Transactions and Booking details for each invoice, and to make this data available for You to view online or download as appropriate.
    4. 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 in multiple countries. You acknowledge and accept that while 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, you indemnify Hero against and must pay on demand any loss, liability or cost incurred or suffered by Hero arising out of any unauthorised access or use of, or any breach of the privacy or security of, Your Data, howsoever caused.
  8. FURTHER OBLIGATIONS OF YOU

    1. You agree that the use of the Platform is only for Your own business to:
      1. Search for Listings, provide quotations to, and create Bookings on behalf of Your Customers;

      2. Record payments made by Your Customers for Bookings; and
      3. Produce evidence of a Booking and/or Transaction for Your Customers.
    2. You acknowledge and agree that any use of the Platform except as stated in clause 8.1 is strictly prohibited, including the disclosure of any Listing pricing information to any non-Customer third-party, or the purchase or attempted purchase from a Supplier of a Product the subject of a Listing outside of the Platform.

    3. You agree to treat all information obtained via the Platform and entered into the Platform (eg Customer data including Personally Identifiable Information (PII)) as confidential and to not sell, transfer, publish, display, copy or disclose, or cause to be disclosed or otherwise make available to others any confidential information, except strictly as required to provide quotations for, and create Bookings on behalf of Your Customers.
    4. You warrant that you have at the Commencement Date for the purpose of making Bookings on behalf of Your Customers, and You undertake to maintain such accreditations and otherwise comply with all laws and all contracts between You and Your Customers at all times during the Term.
    5. This clause 8 shall survive the termination of this Agreement.
    6. You acknowledge and accept that the Hero Secure Payments terminal requires a working Wi-Fi connection with direct Internet access on a non-metered Internet Service, and You indemnify Hero Travel Ltd for any and all data usage charges associated with the Hero Secure Payments terminal. This Wi-Fi connection does not need to be part of your corporate / hotel network.

  9. 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.


  10. 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 10.2 for a period of 30 days or more, either Party may terminate this Agreement immediately upon giving written notice to the other Party.


  11. 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 Agencies’ access to the Platform at any time while a breach of a material term by the Agency 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 deactivate accounts with no booking activity for 90 days or longer.
    4. You may terminate this Agreement:
      1. in accordance with clause 12.3; or
      2. at any time with 30 days’ written notice.

  12. 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 20 Business Days’ prior notice, to:
      1. change any Fee by post on the Platform or via email to You; or
      2. modify or replace the Terms of Service, in accordance with the Terms of Service,
      3. and You may (as Your only recourse) terminate this Agreement at any time prior to the expiry of the 20 Business Day notice period, by notice to Hero with immediate effect, and with no liability to pay any cancellation fee to Hero.

  13. 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.


  14. JURISDICTION

    This Agreement shall be governed by the laws of one the following regions, as nominated by You within Schedule C. Any disputes arising under this Agreement shall be resolved in court of the nominated region.

    • Australia (New South Wales)
    • UK (London, England)
    • Canada (British Columbia)
    • New Zealand
  15. 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.


  16. ASSIGNMENT

    You may not assign this Agreement or your rights under this Agreement without Hero’s prior written consent. Hero may assign this Agreement or its rights under this Agreement, at its sole discretion, without restriction.

  17. HARDWARE SUPPLIED BY HERO

    All Equipment / Hardware supplied by Hero to You “The Agent” remains the property of Hero. The Agent shall maintain the Equipment in good condition at all times. The Equipment remains at the Agent’s sole risk until returned to, and accepted by Hero. On termination, the Agent must on demand immediately make available the Equipment for collection by Hero. If the Agent does not, the Agent shall be liable to Hero for costs and expenses howsoever arising.

 

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/terms/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 20 Business Days’ prior notice. If we modify or replace these Terms, we will post the modification or replacement details on the Platform or provide You with notice of the modification via email. We will also update the “Last Updated Date” at the top of these Terms. 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 Supplier. 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 Suppliers, not Hero, are solely responsible for honouring any Bookings and making available any Products that are the subject of Bookings. If You, as an Agency on behalf of Your Customer, choose to enter into a transaction with a Supplier for the Booking of a Product, You agree and understand that Your or Your Customer will be required to enter into an agreement with the Supplier and You agree or Your Customer agrees to accept any terms, conditions, rules and restrictions associated with such Product imposed by the Supplier. You acknowledge and agree 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 Supplier other than for purposes of transacting as an Agency;
  • recruit or otherwise solicit any Supplier or Agency 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 travel agents or Suppliers, 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 http://hero.travel/terms/privacy_policy for information and notices concerning Hero’s collection and use of Your personal information.

Ownership

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.

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, http://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 & Account Setup

 

    Platform Access Fee      $295 Agency Platform Access Fee (Waived)  
    Customer Payments Processed via Hero Payments (Square POS Stand & Online eQuote)  
    Agent Payments Processed via EFT, weekly to Your nominated bank account/s  
    API Fee 5% (Fee applies only to online agents using Hero’s web API)  
    Tip Fee You will be paid a 75% share of optional Customer gratuity / tips paid  
    eQuote Fee                    Subject to a 3% online booking fee payable by the Customer to Hero  
    Gift Cards       Fees related to ongoing management of Gift Card accounts will be
deducted from card balance as and when due.
(Optional, for agents receiving commission via Gift Card credit).
 
     
     
     

 

 

Schedule C – Details / Executed as an Agreement

Executed as an Agreement between Hero Travel Ltd:

And You, as detailed below:

   Legal Company Name
   Trading / Brand Name
   Company / Tax Number
   Website
   Physical Address
   Postal Address
   Phone Number
   Email (General Enquiries)   
   Email (Accounts)

 

 

Schedule D – Payment Details

To receive funds from Hero:

 

   Financial Institution
   Branch Address
   Name on Account
   Institution Number
   Branch Number / BSB     
   Account Number

 

 

Company Representative

Leave this empty:

Hero - Supercharge your sales! ™ https://hero.travel
Signature Certificate
Document name: Hero Agency Access Agreement (HP)
Unique Document ID: 97f0a1402134448438da79094a6b8be2a9a977fd
Timestamp Audit
2018-10-30 17:38:27 AEDTHero Agency Access Agreement (HP) Uploaded by Hero Travel - [email protected] IP 202.172.130.196