Please read these Terms of Service carefully before using the My Group Manager platform operated by My Group Manager ('we', 'us', or 'our'). By accessing or using our service, you agree to be bound by these terms. If you disagree with any part of these terms, you may not access the service.
1. Definitions
In these Terms of Service: 'Platform' means the My Group Manager software-as-a-service application, including all associated websites, APIs, and mobile applications; 'Customer' means the tour operator, travel agency, or other business entity that has registered for an account; 'User' means any individual authorised by a Customer to access the Platform; 'Traveller Data' means personal information about passengers and travellers that Customers upload or manage through the Platform; 'Subscription' means the paid plan selected by the Customer; and 'Agreement' means these Terms of Service together with any Order Form or Subscription confirmation.
2. Acceptance of Terms
By creating an account, clicking 'I agree', or otherwise accessing or using the Platform, you confirm that you are at least 18 years of age, have the legal authority to enter into this Agreement on behalf of your organisation, and agree to be bound by these Terms of Service and our Privacy Policy. If you are accepting these terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.
3. Subscription and Access
Access to the Platform is provided on a subscription basis. Your Subscription tier determines the features, number of users, and passenger volumes available to you, as set out in the applicable plan description at the time of purchase. We reserve the right to modify plan inclusions with 30 days' written notice. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account.
4. Payment and Billing
Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of purchase. All fees are quoted in Australian dollars and are exclusive of GST unless otherwise stated. GST will be added where applicable. Payment is due on the billing date shown in your account. If payment fails, we may suspend access to the Platform after providing reasonable notice. Refunds are not provided for partial months or unused portions of a subscription period, except where required by Australian Consumer Law.
5. Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not use the Platform to upload, store, or transmit any content that is unlawful, harmful, defamatory, or infringes any third-party rights; attempt to gain unauthorised access to any part of the Platform or its related systems; use automated means to scrape, crawl, or extract data from the Platform without our prior written consent; resell, sublicense, or otherwise commercialise access to the Platform without our written authorisation; or interfere with or disrupt the integrity or performance of the Platform.
6. Data Ownership and Responsibility
You retain ownership of all Traveller Data and other content you upload to the Platform. By uploading data, you grant us a limited licence to process and store that data solely for the purpose of providing the service to you. You are responsible for ensuring you have obtained all necessary consents from travellers to collect and process their personal information through the Platform, and that your use of the Platform complies with all applicable privacy laws, including the Privacy Act 1988 (Cth). We act as a data processor on your behalf with respect to Traveller Data.
7. Intellectual Property
The Platform, including all software, designs, trademarks, and content created by us, is and remains the exclusive property of My Group Manager Pty Ltd and its licensors. Nothing in these Terms transfers any intellectual property rights to you. You are granted a limited, non-exclusive, non-transferable licence to access and use the Platform during your Subscription period solely for your internal business purposes. You must not copy, modify, distribute, sell, or lease any part of the Platform, or reverse engineer or attempt to extract the source code of the Platform.
8. Service Availability and Support
We aim to provide a reliable and available service but do not guarantee uninterrupted access. Planned maintenance will be communicated in advance where practicable. We provide customer support via email and phone during business hours (Monday to Friday, 9am–5pm AEST), with response times depending on your Subscription tier. We reserve the right to modify, suspend, or discontinue any feature of the Platform at any time, with reasonable notice where the change materially affects your use of the service.
9. Limitation of Liability
To the maximum extent permitted by law, My Group Manager Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising out of or in connection with your use of the Platform. Our total aggregate liability to you for any claims arising under or in connection with this Agreement shall not exceed the total fees paid by you in the 12 months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded under the Australian Consumer Law.
10. Termination
Either party may terminate this Agreement at any time by providing written notice. You may cancel your Subscription at any time through your account settings, effective at the end of the current billing period. We may suspend or terminate your access immediately if you breach these Terms, fail to pay fees when due, or if we are required to do so by law. Upon termination, your right to access the Platform ceases and we will retain your data for 30 days, during which time you may request an export, after which it will be securely deleted.
11. Governing Law and Disputes
These Terms are governed by the laws of the State of Victoria, Australia. Any disputes arising out of or in connection with these Terms shall first be subject to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the matter to mediation before the Australian Disputes Centre. If mediation is unsuccessful, the parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
12. Changes to These Terms
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or by posting a notice within the Platform. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and may cancel your Subscription in accordance with Section 10.
13. Contact Us
If you have any questions about these Terms of Service, please contact us at: My Group Manager, Melbourne, VIC, Australia. Email: [email protected]. Phone: 1300 930 820. Business hours: Monday to Friday, 9am–5pm AEST.
These Terms of Service are governed by the laws of Victoria, Australia. For questions, contact us at [email protected].