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Terms and Conditions of Use: |  |
This website (located at www.surething.com.au) is owned and operated by Sure Thing Services Pty. Ltd. trading as Sure Thing Business Travel. If you do not agree to be bound by and comply with these terms of use, please do not access or use this site. References in these terms of use to “you”, “your” or “yours” are to be taken as references to the site user and the user’s company, except where stated or where the context requires otherwise. References to “us” or “we” are to be taken as references to Sure Thing Services Pty. Ltd.
1. LIMITS ON USEYou may not use this site or the services offered on or through it for personal gain and you may not sell or provide to any third party, or otherwise profit from, any services or information (nor any modification, adaptation or analysis of them) available on or through this site.
2. SECURITYWe reserve the right from time to time to: (a) alter and/or introduce new and/or additional security measures without notice; (b) temporarily withdraw and/or limit the availability of this site to any individual(s); and (c) do anything else that we believe necessary to preserve the security and integrity of this site and the information held in this site’s databases.
3. ACCURACY & SITE CONTENTWe use reasonable skill and care in compiling the information accessible on and through this site. However, certain information may have been compiled and/or provided to us by a third party which is not a member of our network. Sure Thing Services Pty. Ltd. does not accept responsibility for the accuracy of any information which is obtained from any such third party. Furthermore, errors and omissions in the information accessible on and through this site may occur because of a number of factors which are inherent in any internet-related system and which are not within our reasonable control. For example, information may be affected by machine, software or operator error, or malfunctions in connection with data transmission. In view of this, the information is provided “as is” and you should always attempt to verify the accuracy of any information obtained from this site before relying upon it.This is a dynamic site and as a result, the content and look and feel may change from time to time without prior notice.
4. LIMITED LICENCE & OWNERSHIPYou are granted a limited licence to download the materials contained on this site to a personal computer, and to print a hard copy of such materials, solely for your personal, non-commercial use, provided that all copyright, trade mark and other proprietary notices are left intact. Save as expressly and specifically permitted in these terms of use, all translation, re-transmission, distribution or other use of the materials contained on this site and in its databases on any other internet site or other media is strictly prohibited. You are also prohibited from: (a) framing this site or any part of it on any other site; or (b) mirroring this site on another server; or (c) using automated screen capture or screen scraping technologies to obtain information of any sort from this site. The grant of this limited licence is conditional upon your agreement to and compliance with all of these terms of use.Software (if any) made available to download from this site is either owned by or licensed to us. You may only use such software in accordance with the end user licence accompanying that software or, where there is no such licence, you are granted a non-exclusive, non-transferable licence to use the said software for using this site in accordance with these terms of use.All copyright and all other intellectual property and proprietary rights of any sort relating in any way to this site (including, but not limited to, those relating to its content, branding and the services, software and any other materials made available on and through it) which are not granted to you in accordance with these terms of use are hereby expressly reserved to Sure Thing Services Pty. Ltd. or, in the case of any other brands, names and logos featured on this site, their respective owners.
5. PRIVACYYour Consent: by using this site you consent to the Sure Thing Services Pty. Ltd. holding, processing and transferring (both inside and outside the EEA) the User Data as necessary for us to provide you with and enable you to use the site.
6. LINKSWhere this site contains links to third party sites you should be aware that we may not control the sites reached through those links. We are not responsible for the content or privacy practices of sites which we do not control.The existence of a link on this site does not imply any endorsement or approval of any goods, services, opinions or other material(s) of any sort made available on or through sites which we do not control, nor do we take any responsibility for the opinions of third parties (if any) expressed on or through this site.Please note: ABTA protection may not apply to the third party sites which are accessible from this site.
7. DISCLAIMER AND LIMITATION OF LIABILITY(a) Except as may be set out in these terms of use, this site, its content, and any use you choose to make of it, are provided and permitted without any representations or warranties of any kind, whether express or implied, and we disclaim all such representations and warranties so far as permitted by law. We do not warrant that information contained on or accessed through this site is adequate, complete, accurate or up-to-date, nor do we warrant that the site (or any part of it) will always be accessible, fully functional or free from errors and viruses. Accordingly, you agree that the only remedy available to you for breach of these terms of use shall be for our breach of contract under these terms of use.(b) Subject to paragraph (d) below, but otherwise so far as permitted by law, we exclude and are not liable for all loss, damage(s) and liability (whether or not caused by our negligence) for all wasted time, all loss/corruption of data, all loss of profits, opportunities, and goodwill, and all indirect, consequential and punitive loss or damage(s) arising from or in relation to use of this site and/or the information on it or any services provided through it, howsoever arising, whether in contract, tort (including negligence), statute or otherwise, and even if it was reasonably foreseeable or we have been made aware of the possibility of such loss/damage(s)/liability.(c) Subject to paragraph (d) below, but otherwise so far as permitted by law, our total aggregate liability hereunder in respect of direct loss and damage and other direct liability, howsoever arising, whether in contract, tort (including negligence), statute or otherwise shall be limited per claim or series of related claims, to $100.(d) Nothing in these terms of use shall limit our liability for: (i) loss or damage for death or personal injury caused by our negligence; or(ii) for any fraudulent misrepresentation made by us or those under our control.(e) If you are using this site as a consumer then nothing in these terms of use shall in any way limit your statutory rights.
8. SEVERABILITYIf one or more of the provisions of these terms of use are at any time found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these terms of use. These terms of use shall be deemed amended by modifying or severing such provisions as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable which materially gives effect to their intent. Any invalid or unenforceable provision or provisions shall be severable from these terms of use so that the validity or enforceability of their remaining provisions, or the validity of the provision(s) in question in any other jurisdiction shall not be affected.
9. ENTIRE AGREEMENTThese terms of use supersede all prior agreements, arrangements and statements (except for those for which liability is not excluded) between us with respect to your use of this site and constitute the entire agreement between us relating to the same.
10. CHANGE OF TERMS OF USEWe may alter, adapt or otherwise change these terms of use from time to time (for security, legal or regulatory reasons, or to reflect updates or changes to the services or functionality of the site) without prior notice. Your continued use of this site will constitute acceptance of those amended terms of use and you should review them before making any further use of this site.
11. ABOUT USThis site is made available to you by Sure Thing Services Pty. Ltd. All rights reserved. Our normal hours of business are 8:00am to 7.00pm weekdays.You can contact us by writing to us at the above address or by using the ‘contact us’ facility on this site.
12. MISCELLANEOUSThese terms of use shall not constitute or be deemed to constitute a partnership, joint venture or contract of employment between you and us.You may not assign, sub-license, sub-contract or otherwise transfer or deal in any of your rights or obligations under these terms of use without our prior written consent.Headings in these terms of use are for convenience only and are not to be taken into account when construing these terms of use.
13. TERMINATIONWe reserve the right to block your access to this site immediately and without notice if, in good faith, we believe that you have failed to comply with any of these terms of use.
14. GOVERNING LAWUse of this site is governed by Australian law, and you irrevocably agree to submit any claim or dispute arising in relation to, out of, or in connection with this site (and any use you make of it and/or opportunities offered through it) to the non-exclusive jurisdiction of the Australian courts.
15. DISPUTESIn the event of any disputes arising, the Director of Sure Thing Services Pty. Ltd. should be notified in writing. Every effort will be made to resolve the issue. Otherwise, any disputes shall be subject to the laws and regulations of NSW and Australia, and all actions pertaining to such disputes will be listed for settlement, first by arbitration and thense within the legal jurisdiction of the courts of Sydney, New South Wales.
ABOUT THE 'FACILITY'
The Facility is the travel web site or one of its sub-sites and the ability to enter into transactions directly with us or with certain parties whose content appears on the site. You acknowledge that some of the material accessible through the facility is provided by third parties, and we are not responsible for this material.Where the Facility provides the ability to enter into transactions with third parties we are not responsible for those third parties or the goods or services they offer. Airlines and other third party travel providers impose different terms and conditions on the sale of specific travel products featured on this site. You should carefully read all the terms and conditions specific to the product you are booking before finalising your travel transaction.
GENERAL PROVISIONS
This agreement is governed by the relevant state laws in force. You irrevocably submit to the non-exclusive jurisdiction of the Courts of the relevant state and Courts of Appeal from them and/or any relevant tribunals for determining any dispute concerning this agreement. We may legally assign any of our rights and obligations under this agreement at any time by giving you notice. Your use of this travel web site and on-line reservation facilities such as 'booking form' and 'booking online' here-by referred to as the 'booking engine' is subject to the following Standard Terms of Service and Trade:
1. Ownership, copyright and trade marks
The content of this travel web site, farefinder and booking engine, the licensor and / or provider of this site ('the Agent'). Unauthorised use is strictly prohibited. All title, ownership rights and intellectual property rights, including copyright, rest with the Agent.
2. Accuracy of information and limitation of liability
The Agent does not endorse or recommend any particular travel service provider. The Agent and its third party suppliers have taken reasonable care that the content of this travel web site, including all travel information and listings is correct but is subject to amendment at any time without notice. The Agent publishes such information in good faith. As user you acknowledge and accept that:The Agent cannot and has not checked the accuracy of all information provided by travel service providers such as airlines and hotels. The hotel listings may include errors and travel service providers such as airlines, hotels, wholesalers and car suppliers are requested and encouraged to correct and update their information regularly and as needed. The Agent will not be responsible for errors, omissions or misleading information in travel information and listings. You should make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the facility.You are solely responsible for the suitability of any travel services which you purchase by means of the service. In particular, we are not liable for any inconvenience caused or expense incurred as a result of any unsuitability of travel services for use in association with other travel services. Any Agent's role in relation to your travel arrangements is limited to facilitating your booking and arranging travel documentation, payments and refunds as applicable. The Agent accepts responsibility for the performance of this role and for the negligence of its employees. However, to the maximum extent permitted by law, the Agent disclaims all liability for any technical errors, corruption of any data, unauthorised access to your personal data, inaccuracies in information supplied by third parties, or failure by the Agent to complete bookings where that failure is due to circumstances beyond its control. The Agent accepts no responsibility or liability for any failure or delay on the part of any third party in providing travel services to you where your booking has been properly processed by it; nor is the Agent responsible for any acts or omissions of airlines or other third parties in the course of delivery of such travel services. Where the Agent is liable to you under these terms and conditions its liability will be limited to providing the relevant booking services again or to refunding money paid in relation to services not provided because of the Agent's default. Where refunds are due to you from third party suppliers of travel products or services, the Agent will provide reasonable assistance to you in claiming such funds from those suppliers. Under no circumstances will the Agent be liable for direct, indirect, consequential or incidental damages including but not limited to lost profits or savings or damages for disappointment.
3. Warranties
To the maximum extent permitted by applicable law, the Agent grants no warranties, express or implied, regarding this travel web site and any service or facilities provided including the booking engine. The site and any service or facility are being offered to you "as you see it". The Agent will not be liable to you for the breach of any alleged warranty.
4. Use of your contact information
As user of this travel web site and any service or facility, you agree and consent that the Agent may use, including to share with third parties, your contact information (i.e. your name, e-mail and physical / postal address and / or other contact details) for all purposes directly connected with your reservation request.
5. Indemnity
As a condition for your use of this travel web site including any service or facility such as the booking engine, you agree to indemnify the Agent from and against any liability, damage or loss that the Agent incurs or suffers as a result of any action, inaction or omission on your part.
6. Clients Responsibility
By registering for the service, you warrant to us that you are at least eighteen years old You must have sufficient credit on your credit card account to meet all charges for travel services you book through this web site. You must read the travel-specific terms and conditions at the end of these terms and conditions and convey all information set out in those terms and conditions to any other parties covered by any booking you make. You must keep secure any means of identification that we provide to you in order to access the service. You must not resell the service or any products or services accessed by means of the service, or permit any other person, other than adult members of your household or others with your express permission and under your personal supervision, to use your user identification to access the service. You are responsible for all use of the service, and all transactions entered into by means of the service, using this user identification. You must not use the service for any activities which breach any laws, infringe any party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not use the service in any way which interferes with other users or defames, harasses or menaces anyone. You indemnify us from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to use of the service by you or any other person using your membership identification or password. You acknowledge that copyright subsists in all software, including HTML code, provided in association with the Service. You must not modify, copy, transmit, display, perform, publish, license or create derivative works from any information or software accessed by means of the Service. Where copying or transmission is expressly permitted, you must not change or delete any author attribution or copyright notice. You acknowledge that we may receive all commission from transactions entered into using the service.
TRAVEL SPECIFIC TERMS AND CONDITIONS
1. Fares & Prices
Airfares and prices displayed in fare finder or when booking online or on this site do not include taxes or airport charges and are subject to Airline/ provider availability. The general booking form constitutes a request only and we do not guarantee fares or prices until the booking has been confirmed by one of our consultants and paid for. Airline/hotel/car availability, fare conditions and class of travel can change at any time. Routing restrictions and other special conditions may apply. Taxes, airport charges and any additional costs will be advised to you when your booking is confirmed. Bookings made through the booking engine also constitute a request, and the correctness of this request in regards to abiding by the rules of the fare as stated is the responsibility of you, we do not guarantee the fare quoted until the booking is confirmed by one of our consultants . Airlines and other suppliers may change their prices without notice.
2. Booking Acknowledgement
Acknowledgement of your booking request will be sent via e-mail or telephone call within 48 hours of your request being received. Please ensure you check your e-mail regularly. Payment must be received within 72 hours of booking confirmation unless otherwise agreed by us the agent. Failure to pay for tickets within this time results in automatic cancellation of the booking. We accept no responsibility for loss incurred due to automatic cancellation or failure of e-mail delivery.
3. Travel Documentation
Passport, Visa and Health requirements are the responsibility of all individual travellers. Passports are required for all travellers departing Australia. Travellers should ensure their passports are valid for at least 6 months after their date of return to Australia. Permanent residents travelling on a foreign passport must hold an Australian Re-entry Visa. Many countries require that foreign nationals entering hold a passport with at least six months validity. We will assist in providing information based on the information supplied by you in the booking form or booking engine. This information as well as other related information supplied by the Agent and any links within the site are supplied in good faith; however should be treated as a guideline only. The final responsibility for ensuring documentation is correct is that of the individual traveller. The posting/couriering of travel documentation is the responsibility of you. The agent will not be held responsible for tickets lost by a third party, any charges associated with reissue and resending of documentation will be at your expense.
4. Liability
We cannot accept responsibility for any travel service, rules and conditions that are incorrectly represented within this system. The data and services shown are provided in good faith and 'as is'. We do not warrant the accuracy, completeness, or fitness for a particular purpose of any data or services provided and to the maximum extent permitted by any law disclaimer all implied warranties in connection with such data or services. In no event shall we be liable for any injury, loss, claim, damage or any incidental or consequential damages, including but not limited to lost profits or savings, arising out of or in any way connected with the use of any display within this site.
5. Booking Cancellationand Amendment Charges
Certain fees may be payable in respect of transactions entered into using the Service, as notified at the time of the relevant transaction. These fees may include cancellation fees and, where amendment is permitted, amendment fees. The cancellation fee is 100% of payment. In some cases, Agents may charge cancellation and/or amendment fees in addition to those imposed by travel service providers. Unless otherwise notified to you at the time of entry into the relevant transaction, an additional charge of $150 is payable to the Agent in respect of any cancellation, and, where amendment of a booking is permitted, a charge of $50 is payable to the Agent for each permitted amendment in addition to any applicable airline/operator fees. Before entering into a transaction, you should carefully check to see whether any other cancellation or amendment fees apply. These charges will be deducted from your credit card at the time charges are incurred.
6. Travel Insurance
It is recommended that all travellers obtain travel insurance against cancellation or amendment fees as well as providing sufficient medical cover.
7. Changes to these Terms and Conditions
The Agent has the authority and the right to at any time it sees fit to change or modify all or any part of these terms and conditions.
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