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Terms of Use
Welcome to the websites of the Australian Federation of Travel Agents Limited (ACN 001 444 275) (AFTA): afta.com.au and atas.com.au (Sites). AFTA may be collectively referred to as we, our or us. The content and information displayed on the Sites is the property of AFTA.
Use of the Sites is subject to these Terms of Use. By using or visiting the Sites, you are agreeing to be bound by all the terms and conditions set out below and any other terms contained on the Sites, whether or not you are or become a member of AFTA or a participant in the AFTA Travel Accreditation Scheme (ATAS).
AFTA is not liable to you or any other party for any loss in connection with the use of our Sites or a linked website.
AFTA reserves the right, at its discretion, to amend the Terms of Use at any time, without prior notice. Unless otherwise indicated, such changes will become effective immediately. You should check the Terms of Use periodically for any changes to these terms. You’re continued accessing of the Sites constitutes your acceptance of any such changes. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the relevant site.
1. Terms of using service accounts
Our Sites offer members of AFTA and participants in ATAS on-‐line membership and participant account management functions (Accounts). As a user of this service, you agree to provide accurate, current and complete information to us when you register and to inform us of any changes to your circumstances in relation to your membership and/or participation. As part of the registration process, you may be allocated usernames, passwords or other codes to gain access to restricted sections of the Sites (codes). You are solely responsible for keeping your codes confidential and for all activities that occur in the course of use of such codes or associated accounts. Your are required to immediately inform us of any unauthorised use of your codes or account, or any other breach of security. AFTA assumes no liability for any access to information that is obtained, or transactions that are executed with the codes provided to you. We strongly recommend that you change the password on a periodic basis. We reserve the right to prohibit the use of such codes on your behalf by third parties where we determine that such use interferes with our Sites' operation or results in commercial benefits or other entities to our detriment.
2. Prohibited Conduct
You agree that you will not use our Site to transmit, disseminate or upload:
• unlawful, harassing, libelous, tortious, abusive, threatening, harassing or obscene communications of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any
applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone;
• viruses or other harmful, disruptive or destructive files; or, • content containing pornographic material of any kind.
You further agree that you:
• will not use any device, software or other similar instrument to interfere or attempt to interfere with the proper working of the Sites;
• will not disrupt or interfere with another person's use or enjoyment of our Sites; • will not use or attempt to use disrupt or interfere with the security of, or otherwise abuse,
our services, system resources or accounts, or any servers or networks connected to our services;
• will not attempt to obtain unauthorised access to our Services, or to private information on our Services. (For the purpose of these Terms of Use, our Services means all the information hosting and delivery services offered by the Sites, including the Accounts);
• are solely responsible for your actions in relation to our Services, and for any communications transmitted under your account;
• will not forge header or address information or otherwise impersonate another or create a false identity;
• will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, email addresses, or contact details from our Sites;
• will not disrupt the normal operation of our advertising and promotion network, alter or deface inserted advertisements, or cause any substantial change in the usual content or frequency of emails sent using our website Services; and
• will comply with all applicable local, state, territory, federal and international laws and regulations, including without limitation those related to privacy and data collection.
You agree that, at our sole discretion, we may remove any material that appears to violate any of the foregoing, and that we may immediately limit or terminate your account or access if it appears you have violated these provisions.
3. Termination
You acknowledge that it is in our sole discretion to change or terminate your access to your account on our Sites or to any list in which you are a subscriber for any reason, with or without notice to you, and without any liability to you or any third party. You may also terminate your account for any reason. To do so, please send an email to [email protected]
You also acknowledge that, it is in our sole discretion, to suspend or terminate any list for any reason, with or without notice to you and without any liability to you or any third party.
Termination will prevent you from using our website Services.
Termination may result in the deletion of information in your account, whether or not such information has been read or transmitted. You agree that upon termination we may immediately delete and cancel access to any content or files in your account.
4. Services Availability and Customer Services
Although we strive to maintain the availability of the Services twenty-‐four hours a day, we make no representation or promise that the Services will always be available, and AFTA is not liable to you or any third party for the temporary or permanent unavailability of the Services.
5. Disclaimer of Endorsement
Links to other websites are provided for your convenience only and we do not sponsor, endorse or verify the accuracy or reliability of any opinions or information contained in those other websites.
6. Third Party Content
Many of the products and services offered for sale or advertised and much of the information provided on our Sites are the products, services and information of third parties.
The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.
We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via our Sites. You should check with the third party supplier whether there are additional charges and terms which may apply.
You acknowledge that we may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on our websites or accessible through a hyperlink on our Sites..
AFTA does not support or permit the placement of advertisement for travel products on our Sites. Tourism destinations such as government backed tourism agencies are not considered travel product for this purpose.
7. Prices and products and services are subject to change
All prices displayed and products and services offered for supply on our Sites are subject to change without notice.
8. Maximum File Size
The maximum file size permitted for upload into AFTA WebMAIL is 500Kb not including attachments. You agree that files larger than this may be deleted or removed from view at AFTA's discretion.
9. Security
For security reasons, we will require you to re-‐authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and our Sites' servers. We are not responsible for any information you may lose if our Sites' servers terminate your browser session due to prolonged periods of inactivity between your browser and our Sites' servers.
10. Use of your information and material
When you send us any feedback, suggestions, ideas or other materials in relation to or via the Sites, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement (also provided on the Sites).
11. Disclaimer of Warranties
Our Services are provided on an "as is" and "as available" basis. You expressly agree that use of our Sites is at your sole risk.
To the fullest extent permissible pursuant to applicable law, we disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-‐infringement.
We do not make any warranty that any services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected; nor do we make any warranty as to the results that may be obtained from the use of our Services or as to the accuracy or reliability of any information obtained through our Sites' Services.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of our Sites is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
We do not make any warranty regarding any goods or services purchased or obtained through or from our Sites or any transactions entered into by use of or through our Sites
12. Limitations of Liability
To the extent permitted by any applicable law, under no circumstances, shall AFTA or its subsidiaries, affiliates, officers, directors, employees, agents, or suppliers (Agents) be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use our Sites or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into by means of or through our Sites, or resulting from unauthorised access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data or other intangibles.
You agree that:
(a) we are not liable for any failure to deliver, hold or store information transmitted through the Services;
(b) we do not endorse the subject matter or any of the contents of communications transmitted through the Services; and
(c) we shall not be responsible or liable to you, or to anyone, for the statements or conduct of any third party on or arising from use of the Services. Our aggregate liability arising or relating in any way to your use of the Sites and the Services will not exceed the total amount paid by you for the use of the Services (if any).
13. Indemnification
You agree to indemnify, defend and hold AFTA and its Agents harmless from any claim, action, demand, or damage, including reasonable legal fees, made by any third party arising out of or related to your use of our Sites or the Services or your violation of these Terms of Use, including without limitation the infringement by you or any other user of your account, of any intellectual property or other right of any person or entity.
14. Enforcement
Our failure to enforce your performance of any provision of these Terms of Use does not constitute a waiver of any right to subsequently enforce such provision or any other provision.
15. Applicable Law
These Terms of Use are governed by the law in force in the State of New South Wales, Australia.
If any provision in these Terms of Use is invalid or unenforceable under any applicable law, it will be struck out and the remaining terms will remain in force.
If you would like to view the privacy practices that govern how we process information about you please review our Privacy Statement. By using our site, you consent to your personal information being processed as set out in our Privacy Statement.