7. Your warranties

1. You warrant that:
   1. you are of sufficient legal age to use this site and create legal binding obligations for any liability you may incur as a result of using this site;
   2. you are responsible (financially and otherwise) for all uses of this site by you and those using this site using your ID and password;
   3. the information you supply via the website will be accurate and not misleading, deceptive or likely to be mislead or deceive.

8. Indemnity

1. You indemnify us and our officers, employees and agents against all losses, costs, damages, claims and expenses arising from:
   1. any breach of these conditions by you;
   2. any act or omission by you or an officer, employee or agent of you;
   3. any claim, action, demand or proceeding by a third party against us or our officers, employees or agents caused or contributed to by you or an officer, employee or agent of you.

9. Your Privacy

1. Subject to clauses 5.1 and 5.2, we will not disclose personal information about you (such as your name, contact details, browsing habits) which is provided by you or via your browser, without your permission unless we are required or need to do so to comply with your request or instructions.
2. We and our third party providers of travel and travel related products and services may disclose personal information about you to others where directly connected with facilitating your travel arrangements and bookings. For example, we may disclose information about you to airlines, hotels, car rental companies in facilitating your travel arrangements.
3. We may disclose aggregated information about users and use statistics relating to our website and aggregated information about our sales and trading patterns to others.

10. Disclaimer

1. We do not warrant that this website is accurate, up-to-date or complete in its contents or any of the products or services supplied through this website. To the maximum extent permitted by law, we disclaim all implied representations and warranties including, without limitation, implied warranties that the products and services offered and supplied through this website will be of merchantable quality, fit for any purpose or will comply with any descriptions on this website or samples.
2. We do not represent or warrant that this website, the server that makes it available or any of our products or services supplied through this website will be free of errors, viruses or defects. Your access and use of this website is subject to factors beyond our control. We do not warrant that this website or the products and services offered via this website will meet your requirements or that the service will be uninterrupted or timely. We will use our best endeavours to make this website secure and have implemented technology for this purpose. However, because of the nature of the internet, we do not warrant that this website will be secure.
3. The travel products and services offered and promoted via this website are products and services of third parties. Our role is to facilitate your travel arrangements, including processing your bookings and making payments. We are acting as agent for the third party providers. Your legal relationship in respect of the third party products and services is with the third party provider.
4. To the extent permitted by law, you release us from all liability, cost, damages, claims and expenses (including direct, indirect, special and consequential loss or damage whether in negligence or otherwise) arising out of the supply or failure to supply or use or non-use of the third party products or services.
5. We provide you with free access to our website. To the maximum extent permitted by law, neither we nor any of our officers, employees, shareholders or other representatives will be liable in damages or otherwise in connection with your use of or inability to access this website or the purchase and use of any products and services supplied via this website. This limitation of liability applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties. In the event that our website fails to operate or causes you loss or damage, your sole remedy is the refund any money that you paid to us to use this website.
6. If any warranties are implied by law that cannot be excluded, then our liability for breach of such warranties is limited to, at our option:
   1. in the case of products:
      1. the replacement of the products or the supply of equivalent products;
      2. the payment of the cost of replacing the products or acquiring equivalent products;
   2. in the case of services:
      1. the supply of the services again;
      2. the payment of the cost of having the services supplied again.

11. Confidentiality

1. You can use this website to communicate with us. This website also includes a list of other ways to communicate with us. It is our policy not to accept information that is confidential or proprietary, other than travel arrangements and bookings.
2. If you do not want to lose confidentiality in your material, do not submit it via this website, email it or send it to us. Any ideas or suggestions that you disclose to us are ours to use and disclose without restriction, even if you mark your information confidential or proprietary or include in your communication statements contrary to the terms of these terms of use.

12. Linking

1. We have linked our site to other sites on the Web. These links are provided for your convenience only. It does not mean that we have looked at these sites or that we check them out. We are not responsible for the content of other websites, even if we link to them. We are not recommending these websites or their products or services to you. If you suffer any loss or damage from visiting another's website or using another's product or service, we are not liable.

13. Amendments

1. Except as otherwise specified, we may amend these conditions at any time without notice to you by posting amended conditions on our website. The amended conditions will take effect immediately when they are posted on our website.

14. Termination

1. We may terminate this Agreement, and any other agreement between us, immediately if you breach any of these conditions.

15. Our relationship

1. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended to be created between you and us by these conditions.

16. Notices

1. Except as required by law or otherwise specified by us, you must provide any notices to us by email. We will provide any notices to you by email to any email address provided by you. Notices will be taken to have been received 24 hours after the email is sent, unless the sending party receives notice that the address is invalid or that the email has not been received.

17. Governing law

1. If any dispute arises about this agreement or how this agreement applies or arising out of your use of this site, the laws of [Victoria], Australia will apply.
2. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of [Victoria], Australia, and waive any right that you may have to object to an action being brought in those courts.

18. General

1. If any of these terms of use is invalid or unenforceable, it will be struck out, and the remaining terms will remain in force.
2. Headings are for reference purposes only.
3. If we do not act in relation to a breach by you or others of these conditions, this does not waive our right to act with respect to subsequent or similar breaches.

In this Agreement, the term "website" includes any email bulletins or other content that we provide to you via or initiated from this website.

Last updated July 2009.

Copyright 2009 ©. Mekina & Associates Travel all rights reserved.