TIC Connect - Terms and Conditions of Use
Date
last Amended: 30 April 2008
About
this agreement
This
Agreement sets out the terms and conditions on which Travel Indochina Pty
Limited ACN 84 003 237 296 (referred to as "we" or "us") permits you and your
organisation to access our Travel Illusions database ("Travel Illusions ") and,
in conjunction with our Ticconnect program, to directly book with us. This
Agreement, our Terms and Conditions, our Privacy Policy, and all of the
documents referred to in those documents form our agreement with
you.
At
the time of your organisation's registration to use Ticconnect, the person
seeking registration will have been requested to nominate itself as the primary
user of Ticconnect (Primary User) and to nominate specified others as
secondary users of Ticconnect ("Secondary Users"). This Agreement applies to
your use of Ticconnect 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 and use Ticconnect has been accepted and we
provide the Primary User and the nominated Secondary Users (if any) with user
names and passwords. We reserve the right to refuse any application to access
and use Ticconnect, 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 and use Ticconnect, 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 Ticconnect.
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 Ticconnect 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 authorised 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 Ticconnect.
About
Ticconnect
Ticconnect
is an internet based application allowing your organisation to view information,
quote, book and create documentation for Small Group Journeys, services and
hotels. Airfares ex Australia can be quoted only not booked via Ticconnect.
Ticconnect contains
pages of unique product information and published material which is owned by us
("Ticconnect Confidential Information"). You acknowledge that we are the owner
of the copyright in the Ticconnect's Confidential Information. Confidential
Information and other information provided by third parties is made available to you usually
without charge solely to assist your organisation to make purchase decisions
about our range of products.
Access to and use of the Ticconnect 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 Ticconect 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 Ticconnect confidential Confidential
Information.
About
your password
Your
password to access Ticconnect is unique and you must not pass it, or your user
name or pasword, onto third parties. You must secure all this information and
use it only to access Ticconnect. Your organisation is responsible for all use
of Ticconnect, and all transactions entered into using Ticconnect, arising from
use of the Primary User's or the nominated Secondary Users relevant account,
user name or passwords whether or not your organisation authorised same.
If
you suspect your password is known to third parties you must notify us
immediately and request that your password be changed.
To
ensure security, we recommend that you request us to change your password at
least once each quarter.
What
you must and must not do
You
must not use Ticconnect 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 use
Ticconnect in any way which interferes with other users. You must follow our
reasonable directions regarding the use of Ticconnect. 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 Ticconnect 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 quotes, bookings and documentation using Ticconnect, you may have
access to our intellectual property rights (including, without limitation, our
copyright and trade mark materials). 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.
Payments
You
acknowledge and agree that we require your organisation to agree to our Terms
and Conditions (a copy of which is available from us or online) before we allow
you to access and use Ticconnect.
The
prices for Ticconnect products and services 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 Ticconnect 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 Ticconnect. 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 Ticconnect website. The log-in page
of the website sets out the date of the latest amendments to the Agreement.
If
in our opinion the Primary User or any Secondary User breaches any terms and
conditions of this Agreement, we may suspend or cancel the access to Ticconnect
(and Travel Illusions 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 Ticconnect.
By
queuing a booking to us for fulfilment, 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.
About
our liability
To
the maximum extent permitted by law, we disclaim all liability to you and your
organisation in relation to either Ticconnect or Travel Illusions, 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 Ticconnect or Travel Illusions services.
Ticconnect
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 Ticconnect or
Travel Illusions.
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.
General
Provisions
You acknowledge that this Agreement is governed by the laws
in force in
Privacy
Policy
You
acknowledge and agree that you have read our privacy policy and accept its
terms. Our privacy policy is available from
online
or on request from us by calling.