Terms of Use

Welcome to the afta.com.au website ("afta.com.au"). afta.com.au is operated by the Australian Federation of Travel Agents Limited ("we") (ACN 001 444 275, ABN 72 001 444 274). Your access to and use of afta.com.au is subject to these terms, the afta.com.au Privacy Statement and any other terms contained on this web site ("Terms of Use"), whether or not you become a member of AFTA or AFTA WebMAIL. afta.com.au is intended for residents of Australia only.

1. Terms of Services

Afta.com.au Services (the "Services") are provided to you under these Terms of Use and any operating policies that afta.com.au may establish (the "Agreement"). For the purpose of this agreement, afta.com.au Services means all the information hosting and delivery Services offered by afta.com.au. afta.com.au may make changes to this Agreement and your continued use of the Services constitutes your acceptance of any such changes.

afta.com.au reserves the right to modify or discontinue the Services, or any features of the Services, temporarily or permanently, without notice to you and you agree that afta.com.au is not liable to you should it do so. afta.com.au reserves the right to occasionally contact users of its Services regarding features and Services.

You agree not to resell for commercial purposes afta.com.au's Services or use of or access to the Services.

You agree to provide accurate, current and complete information to afta.com.au when you register and to let afta.com.au know of any changes. Failure to do so may result in termination of the Agreement. As part of the registration process, you will designate a password. You are solely responsible for keeping your password confidential and for all activities that occur under your password or account. Please let afta.com.au know of any unauthorized use of your password, account, or any other breach of security.

2. Prohibited Conduct

You agree that you will not use afta.com.au's Services to transmit, disseminate or upload:

(1) unlawful, harassing, libelous, tortious, abusive, threatening, or obscene communications of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that contains blatant bigotry, racism, or hatred, or that promotes illegal activities or physical harm against anyone;

(2) viruses or other harmful, disruptive or destructive files; or,

(3) content containing pornographic material of any kind.
You further agree: (a) that you will not disrupt or interfere with another subscriber's use or enjoyment of afta.com.au's Services; (b) that you will not use or attempt to use another person's or entity's account, Services or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, afta.com.au's Services, system resources or accounts, or any servers or networks connected to the Services; (c) that you will not attempt to obtain unauthorized access to afta.com.au's Services, or to private information on the Services; (d) that you are solely responsible for your actions in relation to afta.com.au's Services, and for any communications transmitted under your account; (e) that you will not forge header or address information or otherwise impersonate another or create a false identity; (f) that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from this site; (g) that you will not disrupt the normal operation of afta.com.au's advertising and promotion network, alter or deface inserted advertisements, or cause any substantial change in the usual content or frequency of emails sent using afta.com.au's Services; (and, (h) that you will comply with all applicable local, state, national and international laws and regulations, including without limitation those related to privacy and data collection.

You agree that afta.com.au may in its sole discretion remove any material that appears to violate any of the foregoing, and that it may immediately limit or terminate your account or access if it appears you have violated these provisions.

3. Termination

You acknowledge that afta.com.au in its sole discretion may 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 unsubscribe@afta.com.au

You also acknowledge that afta.com.au, in its sole discretion, may 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 afta.com.au's 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 afta.com.au may immediately delete and bar access to any content or files in your account, including email messages.

4. Services Availability and Customer Services

Although afta.com.au strives to maintain the availability of the Services twenty-four hours a day, it makes no representation or promise that the Services will always be available, and you agree afta.com.au 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 afta.com.au does 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 afta.com.au 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 afta.com.au. 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 afta.com.au or accessible through a hyperlink on afta.com.au. You acknowledge and consent to us receiving the fees.

7. Prices and products and services are subject to change

7.1 All prices displayed and products and services offered for supply on afta.com.au are subject to change without notice.

8. Maximum File Size

8.1 The maximum file size permitted for upload into AFTA WebMAIL is 500Kb not including attachments. You agree that files larger than this may be deleted or removed from view at AFTA's discretion

9. Security

9.1 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 the afta.com.au servers. We are not responsible for any information you may lose if the afta.com.au servers terminate your browser session due to prolonged periods of inactivity between your browser and the afta.com.au servers.

10. Use of your information and material

10.1 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.

11. Disclaimer Of Warranties

afta.com.au's services are provided on an "as is" and "as available" basis. You expressly agree that use of afta.com.au's services is at your sole risk.

To the fullest extent permissible pursuant to applicable law, afta.com.au disclaims all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

afta.com.au does not make any warranty that its services will meet your requirements, or that afta.com.au's services will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected; nor does afta.com.au make any warranty as to the results that may be obtained from the use of afta.com.au's services or as to the accuracy or reliability of any information obtained through afta.com.au's services.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of afta.com.au's 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.

afta.com.au does not make any warranty regarding any goods or services purchased or obtained through or from afta.com.au's services or any transactions entered into by use of or through afta.com.au's services. No advice or information, whether oral or written, obtained by you from afta.com.au or through afta.com.au's services shall create any warranty not expressly made herein.

12. Limitations Of Liability

Under no circumstances, including, without limitation, negligence, shall afta.com.au or its 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 afta.com.au's 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 afta.com.au's services, or resulting from unauthorized 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 afta.com.au has been advised of the possibility of such damages.

You agree that afta.com.au is not liable for any failure to deliver, hold or store information transmitted through the services. You agree that afta.com.au does not endorse the subject matter or any of the contents of communications transmitted through its services. You also agree that afta.com.au 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 afta.com.au's services.

If you are dissatisfied with afta.com.au's 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 afta.com.au services will not exceed the total amount paid by you for the use of these services.

13. Indemnification

You agree to indemnify, defend and hold harmless afta.com.au, its 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 afta.com.au's 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.

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

14. Enforcement

afta.com.au's 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.

15. Applicable Law

15.1 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.

15.2 You agree that any claim or cause of action arising out of your use of afta.com.au's 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.

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

16 .Variation of this Agreement

AFTA may vary any of these Terms of Use at any time. We will give notice of any variations to members by email to the email address notified to us by the member. We will give notice of any variations to users of afta.com.au who are not members by posting the revised Terms of Use on afta.com.au. If any variation is unacceptable to you, your only recourse is to terminate this agreement. Your continued use after such notice will constitute acceptance of the variation.