JourneyMate - General Terms and Conditions
Last Updated: 15/06/25
PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY BEFORE USING THE JOURNEYMATE PLATFORM.
By accessing or using the JourneyMate website, mobile application, or any related services (collectively, the "Platform"), you agree to be bound by these Terms and Conditions ("Terms") and our separate Privacy Policy. If you do not agree to these Terms, you must cease using the Platform immediately.
1. Introduction & Scope
1.1. About JourneyMate: JourneyMate ("we", "us", "our") operates an online marketplace platform connecting users seeking unique, bespoke travel experiences ("Users", "you") with individuals or businesses offering these experiences ("Providers").
1.2. Platform Role: JourneyMate acts as an intermediary technology platform. We facilitate the discovery, customization (including through AI-powered tools), booking, and payment processing for experiences offered by independent Providers. JourneyMate is not the provider, organizer, owner, seller, or reseller of the experiences listed, unless explicitly stated otherwise. The contract for the provision of an experience is directly between the User and the Provider.
1.3. Acceptance: These Terms constitute a legally binding agreement between you and JourneyMate Ltd, governing your access to and use of the Platform.
2. Definitions
Platform: The JourneyMate website(s), mobile application(s), and associated services, tools, and technologies.
User: Any individual accessing or using the Platform to search for, customize, book, or interact with Experiences or Content.
Provider: An independent third-party individual or entity offering Experiences for booking via the Platform.
Experience: Any tour, activity, event, accommodation, workshop, or other travel-related service offered by a Provider on the Platform.
Bespoke Experience Package: An Experience or combination of Experiences tailored or customized by or for a User, potentially utilizing the Platform's features.
Content: All text, graphics, images, music, software, audio, video, information, data, or other materials available on or generated by the Platform, including Provider listings, User-generated content (like reviews or prompts), and AI-generated suggestions.
Booking: The confirmed reservation of an Experience through the Platform.
3. User Accounts
3.1. Registration: To access certain features, such as making Bookings or creating Bespoke Experience Packages, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated.
3.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials (password) and for all activities that occur under your account. Notify JourneyMate immediately of any suspected unauthorized use.
3.3. Eligibility: You must be at least 18 years of age and capable of entering into legally binding contracts to create an account and use the Platform for bookings.
4. Data Collection, Usage, and Personalization
4.1. Information We Collect: To operate the Platform effectively and provide a personalized service, we collect various types of data associated with your use:
Personal Information & Preferences: Information provided during onboarding and in your profile, such as name, contact details, travel style, interests, and preferences.
Demographic & Circumstance Data: Information such as your age, sex, country of origin, and travel context (e.g., solo, couple, family) to tailor recommendations and experiences.
Usage Data: Information about your interactions with the Platform, including search queries, pages viewed, listings clicked, features used, session duration, IP address, device type, and browser information. We use cookies and similar tracking technologies for this purpose.
Prompt Data: The prompts, questions, and inputs you provide to the Platform are collected as user input data to generate responses and improve the service.
Transactional Data: Details of Bookings, attempted bookings, cancellations, refunds, payments, listings viewed, Bespoke Experience Packages created or saved, and communications via the Platform.
4.2. How We Use Your Data: We use the collected data to:
Operate, maintain, and improve the Platform, including our adaptive personalization algorithms and AI system.
Personalize your experience by providing tailored recommendations, search results, and content.
Facilitate Bookings and process payments.
Communicate with you regarding your account, bookings, support requests, and Platform updates.
Analyse usage trends and patterns for service improvement, business intelligence, and development of new features.
Prevent fraud, enforce our Terms, and comply with legal obligations.
4.3. Privacy Policy: Our detailed practices regarding the collection, use, storage, security, and sharing of your personal information are described in our privacy policy. By using the Platform, you consent to the data practices described therein.
5. Booking Experiences
5.1. Provider Responsibility: Experiences are offered and provided solely by independent Providers. The Provider is responsible for the accuracy of their listing information, the safe delivery of the Experience, and compliance with all applicable laws and regulations pertaining to their service. JourneyMate does not guarantee the quality, safety, suitability, or legality of any Experience.
5.2. Using the LLM Component: The LLM Component can assist in brainstorming and outlining potential Bespoke Experience Packages. Outputs are suggestions based on your prompts and available data. You are responsible for verifying the feasibility, availability, and specific details of any suggested elements with Providers or through the formal Booking process. JourneyMate is not liable for inaccuracies or unsuitability in LLM-generated content.
5.3. Contractual Relationship: When you complete a Booking, you enter into a direct contractual relationship with the Provider for the delivery of the Experience. JourneyMate is not a party to this contract. The Provider's own terms and conditions may apply in addition to these Terms; please review them carefully.
6. Payments
6.1. Payment Processing: We utilize Stripe Connect Express, a third-party payment services provider, to process payments for Bookings. By making a payment through the Platform, you agree to provide accurate payment information and authorize the transaction. You may also be subject to Stripe's terms and conditions.
6.2. Total Price: The total price displayed at checkout includes the price of the Experience(s) set by the Provider(s) plus any applicable taxes and fees levied by JourneyMate or required by law.
6.3. Payment Authorization: You authorize JourneyMate (via Stripe) to charge your selected payment method for the total amount of your Booking.
7. Cancellations, Changes, and Refunds
7.1. Provider Cancellation Policies: Each Provider sets their own cancellation policy for their Experiences. This policy will be displayed on the Experience listing and/or during the booking process. Your eligibility for a refund or ability to make changes to a Booking is primarily governed by the applicable Provider's policy.
7.2. Initiating Cancellations: Cancellations must typically be made through your JourneyMate account or by contacting JourneyMate customer support within the timeframe specified in the Provider's policy.
8. User Conduct
8.1. Lawful Use: You agree to use the Platform only for lawful purposes and in accordance with these Terms.
8.2. Prohibited Activities: You agree not to:
Violate any applicable local, national, or international laws or regulations.
Infringe upon the intellectual property or privacy rights of others.
Upload, transmit, or distribute malicious code, viruses, or harmful content.
Use bots, scrapers, or other automated systems to extract data or interact with the Platform without explicit permission.
Attempt to gain unauthorized access to the Platform, other user accounts, or restricted systems.
Misuse the LLM component to generate illegal, offensive, discriminatory, or misleading content.
Make fraudulent, speculative, or fake bookings.
Harass, threaten, or abuse other users or Providers.
Post false, misleading, or defamatory reviews or content.
Circumvent any Platform security features or payment processes.
Use the Platform to promote third-party services, conduct commercial activity outside our system, or spam others.
8.3. User Content: You are solely responsible for any Content you submit or generate on the Platform (e.g., reviews, messages, prompts). You grant JourneyMate a worldwide, non-exclusive, royalty-free license to use, copy, modify, distribute, publish, and process Content you provide through the Platform, as necessary for providing and improving the services, subject to our Privacy Policy.
9. Disclaimers
9.1. Platform Provided "As Is": The Platform and all Content are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
9.2. No Endorsement of Providers or Experiences: JourneyMate does not endorse or guarantee any Provider or Experience. We conduct limited checks but rely primarily on information provided by Providers. Any reliance you place on such information is strictly at your own risk. All disputes regarding an Experience are solely between the User and the Provider.
9.3. LLM Component Disclaimer: The LLM Component provides suggestions and information based on patterns in data. It may produce inaccurate, incomplete, or inappropriate outputs. JourneyMate does not guarantee the accuracy, reliability, or suitability of any AI-generated content. Use it as a tool and exercise your own judgment.
10. Limitation of Liability
10.1. To the fullest extent permitted by applicable law (including the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 in New Zealand), JourneyMate (including its affiliates, officers, directors, employees, and agents) shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of, or inability to access or use, the Platform; (b) any conduct or content of any third party (including Providers or other Users) on the Platform; (c) any Experience booked or undertaken; (d) any Content obtained from the Platform (including LLM outputs); or (e) unauthorized access, use, or alteration of your transmissions or content.
10.2. In no event shall JourneyMate's aggregate liability arising out of or relating to these Terms or the Platform exceed the greater of (a) the total amount of fees paid by you to JourneyMate in the twelve (12) months prior to the event giving rise to liability, or (b) one hundred New Zealand dollars (NZ$100.00).
11. Intellectual Property
12. Privacy
13. Termination
13.1. By JourneyMate: We reserve the right to suspend or terminate your account and access to the Platform, at our sole discretion, without notice or liability, for conduct that we believe violates these Terms, is harmful to other users or Providers, or for any other reason.
13.2. By You: You may terminate your account at any time by contacting contact@journeymate.co.nz. Termination does not relieve you of obligations incurred prior to termination (e.g., payment for booked experiences).
14. Changes to Terms
15. Governing Law and Dispute Resolution
15.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles.
15.2. Dispute Resolution: We encourage you to contact us first to resolve any disputes amicably. If a resolution cannot be reached informally, any disputes arising out of or relating to these Terms, the Platform, or any Experience booked through it shall be subject to the exclusive jurisdiction of the courts of New Zealand.
16. Miscellaneous
Severability: If any provision of these Terms is found to be unlawful or unenforceable, that provision will be severed from the Terms without affecting the validity and enforceability of the remaining provisions.
Waiver: Any failure or delay by JourneyMate to enforce a right or provision under these Terms shall not constitute a waiver of that right or provision.
Entire Agreement: These Terms, together with our Privacy Policy and any additional policies linked herein, constitute the entire agreement between you and JourneyMate regarding use of the Platform and supersede any prior agreements.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. JourneyMate may freely assign these Terms without restriction.
Force Majeure: JourneyMate shall not be held liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to natural disasters, government orders, strikes, internet failures, or pandemics.
