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SmartFares - Terms and Conditions of Use

About This Agreement

This Agreement sets out the terms and conditions on which SmartFares® (referred to as "we" or "us") permits you to access and use the SmartFares® database ("SmartFares®").

If you are a first time registrant, this Agreement begins when we notify you that your registration to access and use SmartFares® has been approved. If you are already registered to access and use SmartFares®, this Agreement begins when you receive a copy of these terms and conditions and you next log-in to SmartFares®. In either case, this Agreement continues until terminated by either party in accordance with this Agreement. Each time you log-in to SmartFares® you confirm your acceptance of the terms and conditions of this Agreement.

About SmartFares® 

SmartFares® contains pages of unique fare information and published material which is owned by us and in relation to which we claim to be, and you acknowledge that we are, the owner of both the copyright and of the commercial and confidential material displayed (together called "the Confidential Information").
 

 

Purpose of SmartFares® 

The Confidential Information is made available to you usually without charge solely to assist you to make purchase decisions about our range of products and particularly the purchase of airline tickets from us. As such the Confidential Information is only available to those who purchase airline tickets from us in sufficient volume relative to the number of page views of the Confidential Information.

Use of Confidential Information

Access and use of the Confidential Information is restricted to you only. It cannot be accessed, used, transmitted or resold by or to other third parties. You must not modify, copy, transmit, display, publish, licence or create derivative works from the Confidential Information.

About your password

Your password to the Confidential Information is unique and must not be passed onto third parties. You must secure your password in order to access the Confidential Information. You are responsible for all use of the Confidential Information and all transactions entered into by means of the Confidential Information using your password.

If you suspect the password is known to third parties you must notify us immediately and update your password in SmartFares® ‘Edit Details’ immediately as you are liable for any unauthorised use of the password.

For Security reasons a mandatory password change will prompt you to change your password every 4 months. The system will automatically notify your office at the point of login on the 4th month. As your office shares a login you will be responsible to advise all other staff members in your office of the password change.

What you must and must not do

You must not use the Confidential Information 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 Confidential Information in any way which interferes with other users. 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 Confidential Information by you or any other person using your password. You must not novate or assign any of your rights and obligations under this Agreement to any third party.

What we may do

We may amend this Agreement at any time by posting the revised version of the Agreement on the SmartFares® website. The log-in page of the website sets out the date of the latest amendments to the Agreement.

If in our opinion you breach any terms and conditions of this Agreement, including not ticketing through us a sufficient volume relative to the number page views of the Confidential Information, we may suspend or cancel your access to the Confidential Information without notice. You will remain liable for any transactions entered into notwithstanding suspension or cancellation of your access to the Confidential Information.

As part of this Agreement and by either issuing or queuing a booking to air tickets for fulfillment you agree to allow access to that PNR by air tickets staff for the purpose of processing the ticket and retrieving at a later time to add ticket numbers if required.

About our liability

To the maximum extent permitted by law in relation to the Confidential Information, we disclaim all liability for any technical errors, corruption of data, unauthorised access to your personal data (if any), inaccuracies of information supplied by third parties or where there is a failure due to circumstances beyond our control.

All warranties which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law. Where we are liable to you under these terms and conditions, to the maximum extent permitted by law our liability will be limited, at our option, to resupply the Confidential Information.

The Confidential Information is provided in good faith and is subject to amendment at any time without notice. You must make your own evaluation of the accuracy or completeness of any information, opinion, advice or other content available through the Confidential Information.

Under no circumstances will we be liable for direct, indirect, consequential or incidental damages including but not limited to lost profits or savings or consequential loss or damages for disappointments.


 

Ending this Agreement

Either party may end this Agreement at any time by notice to the other party.

Ending this Agreement does not affect the provisions of this Agreement relating to any indemnity or liability.

If you end this Agreement you will remain liable in respect of any transactions you enter into before ending the Agreement.

General provisions

You acknowledge that this Agreement is governed by the laws in force in New South Wales, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of New South Wales for determining any dispute concerning this Agreement.

* SmartFares® is a division of Air Tickets ABN 84 003 237 189