About this agreement
At the time of your organisation’s registration to access our website and use our online applications, the person seeking registration will have been requested to nominate itself as the primary user ("Primary User") and to nominate specified others as secondary users ("Secondary Users"). This Agreement applies to your access of our website, our robotic ticketing systems (if applicable) and use of our online applications whether you are your organisation’s Primary User or a Secondary User.
This Agreement begins when we notify the relevant Primary User that your organisation’s application to access our websites, our robotic ticketing systems (if applicable) and use our online applications has been accepted and we provide the Primary User and the nominated Secondary Users (if any) with Customer number, user names and passwords.
We reserve the right to refuse any application to access our websites, robotic ticketing systems and use either SmartFares or SmartTickets, or to refuse access to same to a Primary User or a Secondary User from time to time even after an application has been accepted. If your organisation has already applied to access our websites, robotic ticketing systems and use our online applications, this Agreement begins when the Primary User is provided with a copy of these terms and conditions (including online) and the Primary User next logs-in to our websites. In either case, this Agreement continues until terminated by either us or the Primary User (on behalf of your organisation) in accordance with this Agreement. Each time you log-in to our websites or use our robotic ticketing systems you confirm your acceptance of the terms and conditions of this Agreement including any amendments notified on or prior to that date (subject to the provisions regarding amendments below).
The Primary User represents and warrants to us that it is duly authorized by your organisation to enter into the Agreement and bind your organisation, and that it will be primarily responsible for all the activities of the Secondary Users in relation to their use of our websites, robotic ticketing systems, SmartTickets or SmartFares
SmartFares®, which is used in conjunction with SmartTickets or robotic ticketing systems, contains pages of unique fare information and published material which is owned by us ("SmartFares Confidential Information"). You acknowledge that we are the owner of the copyright in the SmartFares Confidential Information. The SmartFares Confidential Information is made available to you usually without charge solely to assist your organisation to make purchase decisions about our range of products and particularly the purchase of airline tickets. Access to and use of the SmartFares Confidential Information is restricted to Primary Users and Secondary Users only. You agree that you will not allow third parties to access, use, transmit or resell the SmartFares Confidential Information nor will you do so other than as may be expressly permitted by this Agreement. You must not modify, copy, transmit, display, publish, license or create derivative works from the SmartFares Confidential Information.
SmartTickets is an internet based application allowing your organisation to process and validate travel ticketing for e-tickets using the SmartFares Confidential Information and other information provided by third parties. You acknowledge and agree that any software or documents relating to, or information (other than the SmartFares Confidential Information which is referred to above) accessed using, SmartTickets is either owned by us or is licensed to us and remains the confidential information of either us or that third party as the case may be (“SmartTickets Confidential Information”). The SmartTickets Confidential Information is made available to you usually without charge and solely to assist your organisation to make purchase decisions from our range of products and particularly the purchase of airline tickets. Access to and use of the SmartTickets Confidential Information is restricted to the Primary User and the Secondary Users only. You agree that you will not allow third parties to access, use, transmit or resell the SmartTickets Confidential Information nor will you do so other than as may be expressly permitted by this Agreement. You must not modify, copy, transmit, display, publish, license or create derivative works from the SmartTickets Confidential Information.
About your password
Your password to access our website and use our online applications is unique and you must not pass it, or your account number or user name, onto third parties. You must secure all this information and use it only to access SmartFares and/or SmartTickets. Your organisation is responsible for all use of SmartTickets, and all transactions entered into using SmartTickets, arising from use of the Primary User’s or the nominated Secondary Users’ relevant account number, user name or passwords whether or not your organisation authorized same.
If you suspect your password is known to third parties you must change your password immediately by accessing the Admin section and the Edit Users tab in the SmartTickets application.
To ensure security, we recommend that you change your passwords at least once each quarter.
What you must and must not do
You must not access our websites and use our online applications or robotic ticketing systems for any activities which may breach any laws or regulations, infringe any party's rights, or breach any standards, content requirements or codes promulgated by any relevant authority. You must not access our websites and use our online applications or robotic ticketing systems in any way which interferes with other users. You must follow our reasonable directions regarding the use of our website, our online applications and robotic ticketing systems. You must not use our website, robotic ticketing systems or online applications including SmartTickets and SmartFares for any unlawful purpose or make any fraudulent or false enquiries, bookings, reservations or requests, or knowingly permit another person to breach any terms of this Agreement. Your organisation indemnifies us and will keep us indemnified from and against all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected with the use of this website and our online applications including but not limited to SmartTickets by the Primary User, its nominated Secondary Users or by any other person using the account name, log in and passwords of same. Neither you nor your organisation may novate, assign or otherwise transfer any of your rights and obligations under this Agreement to any third party.
When creating tickets using SmartTickets or our robotic ticketing systems, you may have access to certain of our intellectual property rights (including, without limitation, our copyright and trade mark materials) to produce tickets on our IATA plates or when so authorized by air tickets to issue tickets on your own designated IATA plates. You acknowledge and agree that in doing so, we provide a license to you only to use those intellectual property rights in the form supplied by us, only for the purposes stated above and for no other purpose. You must not modify those intellectual property rights or otherwise use them for any other purpose.
You acknowledge and agree that we may require your organisation to agree to our Terms and Conditions of Credit and enter into a Guarantee and Indemnity (a copy of which is available from us) before we allow you to access and use SmartTickets and the robotic ticketing systems.
Your organisation must pay us for use by the Primary User or its nominated Secondary User of SmartTickets, online or robotic ticketing systems or products and services acquired using SmartTickets, in accordance with the price list provided to the Primary User from time to time (including online at www.airtickets.com.au in accordance with our Terms and Conditions of Credit or otherwise in the manner set out in our invoices for same from time to time. Subject always to our Terms and Conditions of Credit, unless we otherwise agree with your organisation, your organisation must pay our invoices by the due date stipulated on each invoice. Those invoices are provided to your organisation every Monday.
The prices for our online applications products and services including robotic ticketing systems are constantly reviewed and may go up or down from time to time. You should check all prices and information relating to same before purchasing our products or services. Items, including without limitation visa fees, overseas airport taxes, any government taxes or compulsory charges, may not be included in the prices quoted in relation to our online applications or our robotic ticketing systems. Your organisation is responsible for paying all of these additional items and we may or may not include same in our invoices to your organisation.
What we may do
We may amend this Agreement at any time by posting the revised version of the Agreement on the SmartTickets website. The log-in page of the website sets out the date of the latest amendments to the Agreement. The Primary User will be asked to agree to any amendments following its next log in to the SmartTickets website. In the event of any amendment to this Agreement, the Secondary Users will not be able to access the SmartTickets’ Website until the Primary User next logs in to the Website and agrees to any amendments on behalf of your organisation. If the Primary User does not agree to any amendments to this Agreement, including by ticking the “I Agree” box on the page where any amendments to this Agreement are displayed, your right and the right of your organisation to access our website and use our online applications including robotic ticketing systems will cease immediately and this Agreement will terminate, but for those obligations which by their nature continue to apply.
If in our opinion the Primary User or any Secondary User breaches any terms and conditions of this Agreement, including not ticketing through us a sufficient volume relative to the number of page views of the SmartFares® and SmartTickets website, we may suspend or cancel the access to our websites, our robotic ticketing systems or SmartTickets (and SmartFares as the case may be) of both the Primary User and all relevant Secondary Users without notice. Your organisation will remain liable for any transactions entered into notwithstanding suspension or cancellation of access to SmartTickets, our robotic ticketing systems or SmartFares®.
Each time your primary or any secondary users request the issuance of a ticket via our robotic ticketing systems you acknowledge the terms and conditions.
By queuing a booking to us for fulfillment, you agree to allow access to that booking information by our staff for the purpose of processing the ticket and retrieving at a later time to add ticket numbers if required.
Agency Debit Memo (ADM)
Air Tickets shall not be responsible for ADM’s in the following circumstances:-
Where you have or caused anyone to make a reservation for fares, where reasonable enquiry would show that such fares had been incorrectly quoted, then you will be deemed to have made that reservation in bad faith and you shall be liable for the amount of any difference between the quoted fare and the actual fare. You agree to indemnify us against any loss, claim or damages that we or any of our related bodies corporate may suffer as a result of your action.
In the event of an airline billing us an ADM for an undercharge or any other charge (including recall of commissions), we will invoice you for such an amount and such a charge will appear on your invoice the following week. This amount is payable by you unless you dispute the amount, in which case, you must send a letter to our office within 7 days from the date of the invoice with all proof to request a reversal from the airline. You will not be entitled to dispute this amount following the 7 day period from the date of our invoice. If the airline does not agree to reverse the ADM or does not provide a response within 14 days from the date we send them your letter of dispute, the cost of the ADM shall be payable by you. If the airline reverses the ADM after the 14 day period, then we will allow you a credit on your next invoice provided this amount has already been paid by you.
You expressly acknowledge and agree that we are not the party providing travel services to you, or persons claiming through you, and that our role is limited to providing the SmartFares Confidential Information and the SmartTickets Confidential Information to you. You acknowledge that we have no control over the allocation of seats even if pre-booked with an airline, and we make no guarantee that specific seats (or any seat at all) will be available on departure. Neither you nor your organisation may make any claim against us, nor allow any third party claiming through you to make any claim against us, in relation to the delivery or non-delivery (whether or not in the form booked) of the ultimate travel services the subject of your booking.
About our liability
relation to either SmartFares, robotic ticketing systems or SmartTickets, including without limitation for any technical errors, corruption of data, unauthorised access to personal data (if any), inaccuracies of information supplied by third parties or for failures due to circumstances beyond our control. Without limitation, to the extent permitted by law, we will not be liable to you, your organisation or a third party claiming through same for direct, indirect, consequential or incidental damages including but not limited to damages for negligence, lost profits or savings, or damages for disappointments.
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 or your organisation for implied warranties which may not be excluded, to the maximum extent permitted by law our liability will be limited to the resupply of the SmartFares or SmartTickets services.
Our website and use of our online applications are 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 SmartTickets or SmartFares.
Under this agreement Air Tickets is not liable for any loss, claim, liability or reimbursement of additional costs associated to ticket transaction or missed ticketing time limits due to any system outages. System outages are triggered by reasons outside the control of Air Tickets. For transactions that cannot be transacted in SmartTickets Online outside normal business hours the following support will be available. This support may incur a fee.
Ending this agreement
We or the Primary User (on behalf of your organisation) may end this Agreement at any time by providing notice to the other party.
Without limiting any other provision of this Agreement, ending this Agreement for any reason does not affect the provisions of this Agreement relating to any indemnity or liability.
If the Primary User ends this Agreement, the right of your organisation, the Primary User and all nominated Secondary Users to receive the benefits of this Agreement will cease. Your organisation will remain liable in respect of any transactions you enter into before ending the Agreement.
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.
For the purposes of the Trans-Tasman Proceedings Act 2010 (Cth) as amended, you agree this Agreement is to be construed as an ‘exclusive choice of court agreement’ and you agree to the jurisdiction of an Australian court to the exclusion of the courts of any other country.
© 2019 My Travel Group all rights reserved. 2019.11.29.1 (prod-mtg)