Terms of Use

Welcome to the Australian Federation of Travel Agents (AFTA) websites afta.com.au and atas.com.au (Sites).

Our Sites are operated by the Australian Federation of Travel Agents Limited (ACN 001 444 275, ABN 72 001 444 274). Use of these Sites (afta.com.au and atas.com.au) is subject to these Terms of Use. By using or visiting afta.com.au or atas.com.au, you expressly agree to be bound by these terms and to follow these terms and any other terms contained on this website, whether or not you 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.

Please note – AFTA reserves the right to amend the Terms of Use at any time. As you are bound by these terms you should check periodically for any changes to these terms. Your continued use of the Services constitutes your acceptance of any such changes.

1. Terms of Services

Our website services (afta.com.au and atas.com.au) are provided to you under these Terms of Use and any operating policies that we may establish. For the purpose of this agreement, our services means all the information hosting and delivery services offered by our Sites (afta.com.au and atas.com.au).

You agree not to resell for commercial purposes our services or use of or access to the services.

Our site allows for consumers to lodge a complaint against an ATAS member via an online form on atas.com.au. By lodging a complaint online, you agree to abide by these Terms of Use.  Information lodged via the online form is managed in accordance with our Privacy Policy and according to the ATAS Code of Conduct.  By lodging a complaint You agree to abide by the process detailed in the ATAS Code of Conduct.

When lodging a complaint and communicating with AFTA, it is a requirement that you act with respect and courtesy for AFTA staff.

2. Prohibited Conduct

You agree that you will not use our Sites services to transmit, disseminate or upload:

You further agree:that you will not disrupt or interfere with another subscriber's use or enjoyment of our Sites services;

You agree that it is our sole discretion to 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 our sole discretion to change, terminate or bar access to your account 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 afta@afta.com.au.

You also acknowledge that, it is 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.

The following provisions of the Agreement survive its termination: Proprietary Rights, Disclaimer of Warranties, Limitations of Liability, and Indemnification.

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 bar access to any content or files in your account, including email messages.

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, 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 Sites 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 Sites.

6. Third Party Content

6.1 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.

6.2 The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.

6.3 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 direct 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.

6.4 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. You acknowledge and consent to us receiving the fees.

6.5 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

7.1 All prices displayed and products and services offered for supply on our Sites are subject to change without notice.

8. 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.

9. Use of your information and material

When you send us any feedback, suggestions, ideas or other materials in relation to or via afta.com.au, 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.

When you send a complaint to us via atas.com.au, you will be requested to consent to AFTA sharing your personal information and complaint information with the member whom you have complained about.  Pursuant to the ATAS Code of Conduct, failure to consent may result in your complaint being classified as ineligible.  The information and material submitted will be used to investigate your complaint and may in the event of an Appeal or Referral be shared with the ATAS Code Compliance Monitoring Committee (ACCMC). By submitting a complaint to AFTA, you agree that such details and information will be used in accordance with the complaint handling process detailed in the ATAS Code of Conduct.

10. Disclaimer of Warranties

Our Sites services are provided on an "as is" and "as available" basis. You expressly agree that use of our Sites services 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 Sites 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 Sites 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 services 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 services or any transactions entered into by, use of, or through our Sites services. No advice or information, whether oral or written, obtained by you from us or through our Sites services shall create any warranty not expressly made herein.

11. Limitations of Liability

Under no circumstances, including, without limitation, negligence, shall our Sites or their parents, subsidiaries, affiliates, officers, directors, employees, agents, or suppliers be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use our Sites services 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 services, 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, even if We has been advised of the possibility of such damages.

You agree that we are not liable for any failure to deliver, hold or store information transmitted through the services. You agree that we do not endorse the subject matter or any of the contents of communications transmitted through our Sites services. You also agree that 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 Sites services.

If you are dissatisfied with our Sites services, your exclusive remedy is to discontinue use of the services. Further, our aggregate liability arising with respect to this agreement and the use of our Sites services will not exceed the total amount paid by you for the use of these services.

12. Indemnification

You agree to indemnify, defend and hold harmless our Sites, their parents, subsidiaries, affiliates, officers, directors, employees, agents, and suppliers, and their respective affiliates, officers, directors, employees, and agents, 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 services or your violation of this Agreement, 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.

We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

13. Enforcement

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of any right to subsequently enforce such provision or any other provision of this Agreement.

14. Applicable Law

14.1 This agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.

14.2 You agree that any claim or cause of action arising out of your use of our Sites services or this Agreement must be filed within one year after such claim or cause of action arises or it shall be forever barred, notwithstanding any statute of limitations or other law to the contrary.

14.3 If any of these Terms of Use is invalid or unenforceable, it will be struck out and the remaining terms will remain in force.

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