1.1		These terms and conditions of use ('Conditions ') govern your use of the Site. Your use of this web site will mean you accept these Terms. If you do not wish to accept the Conditions, do not use the Site.

3.1		Qantas grants to the Agent a non-exclusive licence to use the Site and use any Documentation to the extent required to make and service those bookings (‘Licence’).

3.2		The Agent acknowledges that the Licence is not exclusive to it, and that any of the Qantas Group Companies may license any person, including the Agent's competitors, to use the Site.

3.3		The Licence terminates automatically on termination of these Conditions.

5.1		The Agent acknowledges that the Site and Documentation cannot be guaranteed error free and further acknowledges that the existence of any such errors will not constitute a breach of these Conditions.

5.2		Qantas Group Companies disclaim any implied warranties in relation to the Site except that, if any statute implies terms into these Conditions which cannot be lawfully excluded, such terms will apply to these Conditions, save that the liability of the Qantas Group Company for breach of any such implied term will be limited, at the option of the relevant Qantas Group Company, to any one or more of the following: (a)the replacement of goods to which the breach relates or the supply of equivalent goods; (b)the repair of such goods; (c)the payment of the cost of replacing the goods or of acquiring equivalent goods; or (d)the payment of the cost of having the goods repaired.

5.3		Subject to clauses 5.2 and 5.4, the liability of Qantas Group Companies under or in relation to these Conditions (whether the claim is based in contract, tort (including negligence), equity, statute (to the maximum extent permitted by law), or otherwise), is limited to: (a)the amount of any loss or damage suffered by the Agent relating to personal injury or tangible property damage; and (b)for all other claims, the amount of any direct loss or damage suffered by the Agent.

5.4		Qantas Group Companies will not be liable under or in relation to these Conditions for any special, indirect, incidental, consequential or economic loss or damage (including loss of profits, revenue, anticipated savings, bargain, opportunity or goodwill) or any loss of or damage to data, whether or not the possibility of those losses or damages being suffered is brought to the attention of a Qantas Group Company.

5.5		Qantas Group Companies are not liable for and the Agent indemnifies and holds harmless Qantas Group Companies and their Staff in respect of all Damages suffered or incurred by any of those indemnified as a result of: (a)any breach of these Conditions by the Agent; (b)any actual or alleged infringement of any intellectual property rights by the Agent; (c)any misuse of the Site by the Agent, its Staff (including former Staff), a customer of the Agent or any other person not authorised to access or use the Site; (d)unauthorised access or use of the Site by the Agent or its Staff or a customer of the Agent; (e)use of the Site for any purpose not authorised by Qantas.

5.6		The Agent acknowledges that it has exercised its independent judgment in acquiring accessing to the Site and has not relied on any representation made by a Qantas Group Company or any of its Staff which has not been stated expressly in these Conditions or upon any descriptions or illustrations or specifications contained in any document including catalogues or publicity material produced by a Qantas Group Company.

6.1		The Agent acknowledges that it does not acquire any intellectual property rights in the Site and Documentation except for those rights expressly set out in these Conditions.

6.2		The Agent must not during or any time after the expiry or termination of these Conditions permit any act which infringes the intellectual property rights in the Site and, without limiting the generality of the foregoing, the Agent specifically acknowledges that it may not copy the Site or Documentation except as otherwise expressly authorised by these Conditions.

6.3		The Agent must obtain the prior written consent of Qantas to the use of the Qantas name or logo or any other intellectual property of any Qantas Group Company in any material, including without limitation any material on the Agent's web site.

7.1		These Conditions commence upon acceptance by the Agent (as detailed above under the heading "Acceptance") and continue until terminated in accordance with these Conditions ('Term').

7.2		These Conditions may be terminated: by either party at any time upon 30 days written notice to the other party; and by Qantas immediately if the Agent: fails to pay any amount due to Qantas pursuant to these Conditions; is in breach of any of these Conditions; has its travel agency licence cancelled or revoked, or it otherwise expires or lapses; disposes of the whole or any part of its assets, operations or business other than in the normal course of business; ceases to be able to pay its debts as they become due; ceases to carry on business; being a corporation, becomes the subject of insolvency proceedings, or has an administrator, a liquidator or receiver and/or manager or other like person appointed over any of its assets; being a firm or partnership, becomes the subject of an event of bankruptcy or is dissolved; or damages the Site or Documentation.

7.3		Upon termination, the Agent must not access the Site and must destroy any remaining copies of the Documentation or otherwise return or dispose of the Documentation in the manner directed by Qantas.

7.4		Termination of these Conditions will not affect any rights or remedies that Qantas may have otherwise under these Conditions or at law.

8.1		Cookies are small pieces of data stored on the web browser on your computer. Any web server (including this one) may: (a)store one or more cookies in your browser; or (b)request your browser to transmit this data back to the web server; or (a)request your browser to transmit a cookie which has been stored on your browser by another site within the same internet domain. For example, all servers in the domain qantas.com.au may retrieve a cookie set by the web serverwww.qantas.com.au.

8.2		The Site may store cookies on your web browser or PC in order to improve service for you on your subsequent visits to the Site.

8.3		By using cookies, web sites can track information about visitors' usage of the site, providing customised content, or even the use of password protection. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser at any time and remove any that you do not want.

8.4		If you disable the use of cookies on your web browser or remove or reject specific cookies from the Site or linked sites, then you may not be able to gain access to all the content and facilities of the Site.

9.1		The Agent acknowledges that it does not acquire any ownership of the data entered via the Site.

9.2		The Agent must comply with the Australian Privacy Act 1988 (Cth), all other applicable privacy legislation and all reasonable directions of Qantas relating to personal information referred to in clause 9.3 .

9.3		The Agent must ensure that a copy of the Qantas Privacy Notice is made available to all customers before (or, if that is not practicable, as soon as practicable after) the Agent or its Staff collects personal information about an individual in connection with a product or service supplied by Qantas or any other Qantas Group Company.

9.4		The Agent must not, directly or indirectly use personal information collected in connection with these Conditions except to the extent necessary to exercise its rights or perform its obligations under these Conditions.

9.5		The Agent acknowledges that the information contained in the Site and Documentation is confidential ('Confidential Information'). The Agent must take all reasonable steps to safeguard Qantas' rights of ownership and confidentiality of the Site and Documentation.

9.6		The Agent must not disclose any Confidential Information to any person unless required by law to do so or with the prior written consent of Qantas.

9.7		On termination of these Conditions, or earlier on reasonable request by Qantas, the Agent must promptly return to Qantas or destroy any or all copies of Confidential Information, in which case any right to use, copy and disclose that Confidential Information ceases.

10.1	Qantas Group Companies will not be responsible for any delay or failure in performance resulting from anything outside its reasonable control, including without limitation delays or failures caused by third parties.
10.2	The Licence or these Conditions may not be dealt with in any way by the Agent (whether by novation, assignment, sub-licensing or otherwise) without Qantas' prior written consent.
10.3	Failure or neglect by either party to enforce at any time any of the provisions of these Conditions will not be construed or deemed to be a waiver of that party's rights under these Conditions.
10.4	Nothing in these Conditions gives rise to any relationship of joint venture, partnership or employer and employee between any Qantas Group Company and the Agent or between a Qantas Group Company and any Staff of the Agent.
10.5	The Agent must comply with all laws and regulations and any Qantas instructions or directions relating to or connected in any way to the provision of travel services (including without limitation the Australian Privacy Act 1988 and the Australian Trade Practices Act 1974).
10.6	The carriage of passengers, baggage and cargo by air is subject to the conditions of carriage and regulations of the relevant carrier. Copies of these are available on request from their offices. A copy of Qantas' Conditions of Carriage www.qantas.com.au/info/flying/beforeYouTravel/conditionsCarriage.
10.7	Qantas may make changes to the Site without notice to you. Qantas may make changes to these Conditions from time to time. Updated Conditions will be placed on the Site and Qantas may give you notice of those changes (including by e-mail).
10.8	These Conditions are governed by and construed according to the law of the State of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of that State.
10.9	These Conditions: constitute the entire agreement between the parties as to its subject matter; and in relation to that subject matter, supersede any prior understanding or agreement between the parties, except if the Agent has a separate written agreement in relation to override commission, in which case, the terms of that agreement will also apply. If there is any inconsistency between the terms of such override agreement and these Conditions, the terms of that override agreement apply to the extent of the inconsistency.