serge
· Legal

Terms of Service

Terms of Service

Last updated: 19 April 2026

1. About these terms

These terms are the agreement between you and Serge Pty Ltd (in formation) ("Serge", "we", "us", "our") when you use the Serge service: our WhatsApp AI travel companion, our website at askserge.com.au, and anything else we label as part of Serge.

  • ABN: [TODO: confirm post-ASIC registration]
  • Registered office: [TODO: confirm post-ASIC registration]
  • Contact: hello@askserge.com.au

By texting Serge, using our website, or making a booking through Serge, you agree to these terms. If you don't agree, don't use the service. These terms sit alongside our Privacy Policy and Cookie Policy, which are incorporated by reference.

We've tried to keep the language plain. Where we have had to use a legal term we've explained what it means.

2. Acceptance and eligibility

To use Serge you must:

  • Be at least 18 years old and legally able to enter into a binding contract in your country of residence.
  • Use the service for a lawful purpose and in line with these terms.
  • Have the authority to provide any information you give us about other people (for example, participant names for a booking).

If you are booking on behalf of other travellers, you are responsible for making sure they know about and agree to these terms and our Privacy Policy, and for passing on any details they need (pickup times, what to bring, cancellation policy).

We may refuse service, pause an account, or cancel a booking if we reasonably believe these terms are being breached.

3. What Serge is

Serge is an AI-powered travel companion that runs inside WhatsApp. You text Serge; Serge helps you plan, find and book tours and experiences in Australia.

In plain terms:

  • Serge is a software tool, not a human travel agent. Your conversation partner is an AI model, supported by human operators behind the scenes.
  • Serge will tell you it's an AI if you ask directly. We don't pretend to be human.
  • Serge is not the operator of the tours it recommends or refers. Those are independent businesses (we call them "operators" or "suppliers" in these terms).
  • Serge is not an insurer, a tour guide, a medical professional, or a licensed travel agent of record. We are a technology service that provides information and refers you to booking pages operated by the tour operator or their booking platform.

Serge is currently a referral service: we recommend experiences and give you a link to the operator's booking platform (currently Viator) where you complete the booking. Serge earns an affiliate commission from that platform when you book through a link we've shared. See section 4.

4. Our role vs the operator's role

When you book an experience through a Serge recommendation, two separate things happen:

1. Serge refers you to the operator's booking platform. We recommend experiences that fit your trip, share a link that takes you to the operator's booking page on their booking platform (currently Viator), and earn an affiliate commission if you book via that link. We do not take your payment, issue tickets, or hold inventory. 2. The booking contract is between you and the operator, via their booking platform. The operator is the business that actually runs the tour: the surf school, the boat, the skydive centre. The booking platform (Viator) handles payment, confirmation, and customer service for the transaction. Their terms, pricing, inclusions, safety requirements, cancellation and refund policy apply to the booking itself.

This matters because:

  • Cancellation and refund rules are set by the operator and their booking platform, not by Serge. Some operators are flexible; others have strict policies, especially for weather-dependent activities. We'll surface the policy at the point of recommendation where we can, but we can't override it.
  • Operator performance is the operator's responsibility. If the operator is late, reschedules, or provides a worse experience than you expected, we can help you raise it with the booking platform, but the primary relationship is with them and the operator.
  • Safety, fitness and eligibility requirements are set by the operator. You are responsible for checking whether an activity is suitable for you (age, weight, health, swimming ability, etc.) and for being honest about it when asked by the operator or the booking platform.

Nothing in this section limits your rights under the Australian Consumer Law. See section 14.

5. Pricing, payments, and currency

Prices shown by Serge are in Australian Dollars (AUD) unless we say otherwise, pulled live from the operator's listing on Viator. You pay the same price Serge shows you (or the current Viator price at the moment of booking if it's changed since we last synced). GST is included where applicable and is collected by the operator or booking platform, not by Serge.

When you book an experience:

  • Serge shares a link to the operator's booking page on Viator.
  • Payment happens on Viator, which is the booking platform of record for the transaction. You are entering into a payment relationship with Viator (operated by Tripadvisor LLC) and the operator.
  • Your card details are captured by Viator, not by Serge. We never see your card number, CVV, or any payment data.
  • Once payment is confirmed, Viator and the operator handle booking confirmation, reminders, and day-of-activity logistics directly with you. Serge may also message you in the chat with a copy of the key details.

If you don't complete the booking on Viator, nothing is held or charged. You can come back to Serge for a new recommendation at any time.

Some operators may require additional payment at the activity itself (for example, a local park fee or optional add-on). Where we know about these we'll flag them before you book.

6. Cancellations and refunds

The operator's cancellation policy applies. We'll share the policy before you book, and again in the confirmation message. Policies typically fall into categories like "48 hours notice for full refund", "non-refundable", or "weather-dependent with rebook option". Read it.

When you want to cancel:

  • Message Serge as soon as you know. We'll start the cancellation with the operator immediately.
  • We'll process any refund you are entitled to under the operator's policy, through the same payment method you used. Refunds are typically processed within 5-10 business days but depend on the operator and the payment provider.
  • If the operator cancels (for example, because of weather or minimum numbers) we'll notify you, offer alternatives if there are any, and process a refund in line with the operator's policy.

Force majeure. Neither Serge nor the operator is liable for cancellations or delays caused by events beyond reasonable control: natural disasters, extreme weather, public health emergencies, government action, transport failures, civil unrest and the like. Where these events prevent the service, the operator's force majeure or weather policy applies.

Chargebacks. If you start a chargeback with your bank or card issuer, we'll cooperate with the investigation. Starting a chargeback without first raising the issue with Serge and the operator is a breach of these terms and may result in the account being paused.

Nothing in this section limits your rights under the Australian Consumer Law.

7. AI output disclaimer

Serge is powered by large language models. They are very capable, and they are also fallible. When Serge tells you about a tour, a town, a restaurant, opening hours, weather, a ferry schedule, a driving time, or a fitness requirement, you are receiving the current best-effort output of an AI system.

Please read carefully:

  • Treat Serge's recommendations as starting points, not gospel. Verify anything safety-critical with the operator before you arrive: meeting points, pickup times, what to bring, swimming ability required, age limits, weight limits, medical restrictions, current weather, road conditions and closures.
  • Serge can be wrong. It can occasionally be confidently wrong. That is the nature of the technology. We work hard to keep the information accurate but we do not guarantee it.
  • Serge is not a replacement for professional advice. It is not a doctor, a lawyer, a financial adviser, or a qualified mountain/ocean guide. For anything that matters, get qualified advice.
  • Serge identifies as AI if asked directly. If you want to know whether you're talking to a person or a model, just ask.
  • Serge is not emergency support. If you are in immediate danger, call triple zero (000) in Australia.

We exclude liability for errors or omissions in AI output to the fullest extent permitted by law (see section 13), but your rights under the Australian Consumer Law are not affected.

8. User conduct

When using Serge, you agree not to:

  • Use the service for any unlawful purpose, or in a way that breaches another person's rights.
  • Send abusive, harassing, threatening, hateful, or sexually explicit content to Serge or the people who support it.
  • Spam the service, flood it with automated messages, or attempt to overload it.
  • Attempt to reverse-engineer, scrape, extract training data from, or otherwise compromise Serge's underlying systems.
  • Try to make Serge produce output that is illegal, defamatory, or designed to harm others.
  • Impersonate another person, or falsify trip or participant details to obtain a booking you would not otherwise be entitled to.
  • Use the service to promote or sell a competing product or service without our written permission.

Breach of any of these may result in the account being paused or terminated, and bookings being cancelled. We may also report behaviour to WhatsApp, to law enforcement, or to the affected operator where appropriate.

9. Acceptable use of WhatsApp

Serge runs on the WhatsApp Business Platform, operated by Meta. When you use Serge you are also using WhatsApp, and the WhatsApp Terms of Service and WhatsApp Business Policies apply to your use of that platform. We have no control over the WhatsApp platform itself.

If WhatsApp suspends or removes our business account, the service may be unavailable for a period. We'll do our best to communicate and restore access.

You can opt out of Serge at any time by replying STOP in WhatsApp. You can resume by sending any other message.

10. Content you send

Messages, photos, locations and other content you send to Serge are processed to provide the service: responding to you, recommending and booking tours, and remembering context across your trip. Our Privacy Policy describes exactly how.

By sending content to Serge:

  • You grant us a non-exclusive, worldwide, royalty-free licence to use that content for the purpose of providing the service to you, improving the service, and complying with our legal obligations.
  • You confirm that you have the right to send the content, and that it doesn't infringe someone else's rights.
  • You keep ownership of your content. We don't claim any ownership in what you send us.

We may use aggregate, de-identified patterns from conversations to improve Serge's recommendations and quality. We never sell your content and we do not use it to build advertising profiles.

11. Third-party links and services

Serge may recommend or link to third-party services like tour operators, booking platforms, maps, articles, and photos on Unsplash. We don't control those services and we're not responsible for their content, practices or privacy policies. If you follow a link or book with an operator, you do so under their terms.

12. Intellectual property

The Serge name, the Serge persona, the askserge.com.au website, the underlying system, the system prompts, the enriched experience catalogue, and everything we've written to make the service what it is, belong to Serge Pty Ltd (in formation) or are used under licence. You are welcome to use the service as intended. You are not welcome to copy, republish, scrape, fine-tune against, or sell any part of it without our written permission.

You keep ownership of the content you send us. See section 10.

Third-party brands mentioned in Serge's responses (operators, regions, activities) belong to their respective owners and are used for identification only.

13. Liability and indemnity

To the fullest extent permitted by law, and subject always to section 14 (Australian Consumer Law):

  • Serge is provided "as is" and "as available". We don't guarantee the service will be uninterrupted, error-free, or that it will meet any particular expectation.
  • We are not liable for indirect, consequential, special, or punitive loss (including lost profits, lost data, lost enjoyment of a trip, or missed connections) arising out of your use of the service.
  • Our total aggregate liability to you for any and all claims arising out of or in connection with the service is limited to the greater of (a) A$100, or (b) the total amounts you have paid to Serge in the twelve months before the event giving rise to the claim.

You agree to indemnify Serge against losses, claims and costs arising from your breach of these terms, your unlawful use of the service, or your provision of inaccurate information about yourself or other travellers, except to the extent caused by our own negligence or breach.

14. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). For major failures with the service, you are entitled to cancel your service contract with us and receive a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded. Where a provision of these terms would do so, it is read down to the minimum extent necessary, and the rest of the terms continue to apply.

15. Governing law

These terms are governed by the laws of New South Wales, Australia. You and Serge submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them, except that either of us may seek urgent relief in any court with jurisdiction over the matter.

16. Changes to these terms

We may update these terms from time to time. When we do we will update the "Last updated" date at the top of the page, and for material changes we will notify you over WhatsApp or by notice on the website before they take effect. If you continue to use Serge after the change takes effect, you are accepting the updated terms.

If you don't agree with a change, stop using the service and contact us at hello@askserge.com.au. We'll help with any bookings already in flight.

17. Contact

  • General: hello@askserge.com.au
  • Privacy: privacy@askserge.com.au
  • Post: Serge Pty Ltd (in formation), [TODO: confirm post-ASIC registration]

Serge Pty Ltd (in formation) · askserge.com.au

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