Terms of Service

1. Acceptance of Terms

By accessing or using Vivley (“the Service”), operated by Odinkor Pty Ltd, you agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must not use the Service. We may update these Terms from time to time — continued use after changes constitutes acceptance of the revised Terms. Material changes will be communicated via email or an in-app notice.

2. Eligibility

You must be at least 18 years of age and have the legal capacity to enter into a binding contract in your jurisdiction to use the Service. By creating an account, you represent and warrant that you meet these requirements.

3. Description of Service

Vivley is a conversational travel booking platform that allows users to search for, compare, and book hotel accommodations through an AI-powered assistant. The Service uses artificial intelligence, including third-party large language models, to interpret your requests and present relevant results. Vivley acts as an intermediary between you and accommodation providers; we do not own, operate, or manage any hotels listed on the platform.

4. User Accounts

You must create an account to access certain features. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorised access. We reserve the right to suspend or terminate accounts that violate these Terms or pose a security risk.

5. AI-Powered Features

The Service uses AI to interpret natural-language queries, generate travel recommendations, and assist with bookings. AI-generated content is provided for informational purposes and may not always be accurate or complete. You should verify critical details (pricing, availability, policies) before confirming any booking. For details on how your data is processed by AI systems, see our Privacy Policy.

6. Bookings and Payments

Hotel bookings made through Vivley are subject to the terms and cancellation policies of the relevant accommodation provider. Payment is collected at the time of booking confirmation via our payment processor. Prices are displayed in the currency selected during search or checkout and include applicable taxes unless otherwise stated.

You acknowledge that rates, availability, and policies are provided by accommodation providers and may change without notice prior to booking confirmation. Some rates may be marked as subject to confirmation. If the price changes due to availability, we will show the updated amount before payment is taken. By continuing with payment, you agree to the final amount displayed at checkout.

Where prices are converted into your selected currency, exchange rates and rounding may apply. Local taxes, resort fees, deposits, incidentals, and other pay-at-property charges may be set or collected by the accommodation provider and will be shown where the provider makes them available to Vivley. Once confirmed, your booking is governed by the provider’s terms as presented at the time of purchase.

Price verification at checkout

Hotel rates are sourced from third-party suppliers and may be re-verified immediately before your booking is confirmed to ensure availability and accuracy. In some cases, this verification may return a price that differs slightly from the price displayed when you began checkout. Where the verified price is lower than the price displayed, you will be charged the lower amount. Where the verified price is higher than the price displayed by a small margin, Vivley may, at its discretion, absorb the difference and charge you the original displayed price. Where the difference exceeds Vivley’s internal threshold, you will be notified of the new price before your booking is confirmed and given the opportunity to proceed or cancel. The price you are charged will always be clearly displayed on the final confirmation step before payment is taken.

Guest and billing details

You are responsible for providing accurate lead guest, traveller, contact, and billing details. Lead guest and traveller information may be sent to accommodation suppliers to confirm and fulfil your reservation. Billing details may be sent to our payment processor to authorise payment, perform card and fraud checks, issue receipts, handle disputes, and maintain tax and accounting records.

If your account profile does not already contain an address, Vivley may save the billing address from a successfully confirmed booking to your profile for future checkout convenience. You can review and update your profile details from your account settings.

7. Cancellations and Refunds

Cancellation and refund terms vary by booking and are determined by the accommodation provider’s policy, which is displayed before you confirm. For a user-friendly summary, see our Refund & Cancellation Policy. Vivley will facilitate refunds in accordance with provider terms but is not liable for provider-imposed penalties or non-refundable rates.

8. User Content and Data

You retain ownership of content you submit (search queries, preferences, reviews). By using the Service, you grant Vivley a non-exclusive, worldwide, royalty-free licence to use, process, and store your content solely for the purpose of operating and improving the Service. We do not sell your personal data. See our Privacy Policy for full details.

9. Acceptable Use

You agree not to misuse the Service. This includes, but is not limited to: automated scraping, attempting to circumvent security measures, submitting fraudulent bookings, harassing other users, or using the Service for any unlawful purpose. For the full policy, see our Acceptable Use Policy.

10. Intellectual Property

All content, branding, software, and design on the Service are the property of Odinkor Pty Ltd or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from any part of the Service without prior written consent.

11. Limitation of Liability

Vivley acts as an online booking intermediary between you and accommodation providers. We do not own, operate, manage, or control the accommodations displayed through the Service. Accommodation providers are responsible for the accommodation, facilities, services, safety, house rules, check-in requirements, local charges, and on-property conduct.

To the maximum extent permitted by law, Vivley is not liable for injury, illness, property loss or damage, service issues, cancellations, overbooking, or other acts or omissions of accommodation providers or other third parties. We are also not liable for indirect, incidental, special, or consequential loss arising from your use of the Service.

Nothing in these Terms excludes or limits liability that cannot be excluded under applicable law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Where our liability cannot be excluded, it is limited to the re-supply of the relevant service or the cost of having it re-supplied.

12. Indemnification

You agree to indemnify and hold harmless Odinkor Pty Ltd, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Service Availability

We strive to keep the Service available at all times but do not guarantee uninterrupted or error-free operation. We may suspend or discontinue the Service (or any part of it) at any time for maintenance, updates, or reasons beyond our control, without liability to you.

14. Dispute Resolution

If a dispute arises, you agree to first attempt to resolve it informally by contacting us at [email protected]. If the dispute cannot be resolved within 30 days, either party may pursue formal resolution through the courts of Queensland, Australia.

15. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia and the Federal Court of Australia for any proceedings arising out of or in connection with these Terms.

16. Changes to These Terms

We may update these Terms from time to time. The “Effective” date at the top of this page indicates when the latest version took effect. If we make material changes, we will notify you by email or through an in-app notice. Continued use of the Service after changes constitutes acceptance of the revised Terms.

17. Contact

Questions about these Terms? Contact us at [email protected] or visit our help page.