TERMS OF USE

USE OF:
·         ASIAESCAPEHOLIDAYS.COM.AU;
·         ASIAESCAPEHOLIDAYS.COM;
·         CRUISES.ASIAESCAPEHOLIDAYS.COM;

Using this website means you accept these terms and conditions. Asia Escape Holidays/Keygate Holdings Pty grants you a limited, personal, non-transferable, revocable license to access and use our website only as expressly permitted by these terms and conditions. We may at any time modify these terms and conditions and the changes will come into effect once they are uploaded into this Website. You acknowledge and agree that your continued use of this Website is subject to the terms and conditions in force at the time of your use.

YOUR OBLIGATIONS AND WARRANTIES

Access to certain areas of the Website is only available to registered Travel Agents. Agents are responsible for maintaining the confidentiality of your Member ID and password and are fully responsible for activities undertaken under your Member ID and password (including where your account is used by another person), unless these activities arise due to our negligence or breach of these terms and conditions by us.

You must use the Service in accordance with these terms and conditions and must not use the Service in any way to breach any laws or defame anyone.

You must not:
·         Use another’s personal information, including name, ID or password without permission;
·         Make any fraudulent, speculative or false enquiries, bookings, reservations or requests through Asia Escape Holidays;
·         Use the Website while impersonating another person;
·         Post or transmit to or via the Website any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any other material that could give rise to civil or criminal proceedings;
·         Tamper with, hinder the operation of or make unauthorised modifications to the Website (including deleting data from the Website without our permission);
·         Knowingly transmit any virus or other disabling feature to the Website;
·         Breach any third party rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any laws in any jurisdiction in using this Website; or
·         Submit false or misleading information through this website.
 
You agree to indemnify us from and against all claims, actions, suits, demands, liabilities, costs or expenses, losses including consequential losses, whether arising directly or indirectly from the use of the Service by you or any person using the Service through any means provided to you.

INTELLECTUAL PROPERTY

The material contained on this Website, including (without limitation) the software, design, text and graphics (including trademarks) comprised in this Website and the selection and layout of this Website, are owned or licensed by us and are protected by Australian and intellectual property laws including copyright.

Except to the extent permitted by relevant legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on the website, or create any other material using material on the Website, without obtaining our prior written consent.

Trademarks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining our prior written consent.

The website, including trademarks, business names, company names, logos, get-up (trade dress), products, technology and processes contained in this Website may be the subject of other intellectual property rights owned by us or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these terms and conditions. Your use of this Website must not in any way infringe the intellectual property rights of any third party in any jurisdiction.

Much of the Content is owned by third parties. These materials are subject to the additional terms below, which are incorporated into, and made a part of these terms and conditions.

Any communication or materials you transmit to Asia Escape Holidays online, through the website, by electronic mail or otherwise, including any data, question, comments, rating of a property or attraction, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the website any Communications or Materials, you grant Asia Escape Holidays, and all users of the website, a worldwide, non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such communications or materials. We want your feedback and appreciate your ideas and suggestions, but we may be unable to answer every contact.

DISCLAIMERS AND LIMITATION OF LIABILITY

This website is provided by us on an ‘as is’ basis. We do not warrant or represent the content of this website is accurate, up-to-date or complete, or that it does not infringe the rights of any third parties. We make no representations or warranties of any kind with respect to the website, its content or any of the products supplied through the website. To the maximum extent permitted by law, we disclaim all implied representations and warranties including without limitation, implied warranties that the Travel Products offered and supplied through the website will be of merchantable quality, fit for any purpose or will comply with any description on the website.
To the extent permitted by law, we are not liable to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including specific, indirect, consequential or economic loss) however caused and which is suffered directly or indirectly in connection with the:
·         use of (or inability to use) this Website, the Service or any linked website;
·         disruption to this Website or the Service;
·         the delivery or non-delivery of Travel Products acquired by using the Service; and
·         any act or omission of Third Party Travel Providers or other third parties.
To the maximum extent permitted by law, Asia Escape Holidays excludes all liability for direct, indirect, consequential or incidental damages, lost profits or savings or damages for disappointment.
Our liability for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option to the supply of the services again or the payment of the cost of having the service supplied again.

LINKS

For your convenience, our website provides links to other websites. When you click on one of these links, you are leaving our website and entering another website. Asia Escape Holidays does not guarantee that this website or any linked website will be free from viruses, or that this Website or any linked website will be uninterrupted. You acknowledge that the inclusion of links on this website is not intended as an endorsement or recommendation of any linked website or its content of such websites.

PRIVACY

You acknowledge and agree that we may disclose some or all of your personal information as outlined in our Privacy Policy at http://www.asiaescapeholidays.com.au/Footer/Terms-Conditions/Privacy/.
 The terms of our Privacy Policy are incorporated into these terms and conditions.

BOOKINGS

To view our booking conditions see: www.asiaescapeholidays.com.au/Footer/Terms-Conditions/Booking-Conditions/ 

TERMINATION

We may terminate this agreement, your ability to access this website and/or any other service provided to you by us and any other agreement between us, immediately if you breach any of the terms and conditions on this page.

JURISDICTION AND LAW

Use of this Website, all matters arising out of or in connection with it and all terms are governed by the laws applicable in the State of Western Australia. By accessing this Website, you consent and submit to the exclusive jurisdiction of the Courts of Western Australia in all matters arising out of or in connection with your use of this Website and terms.

DEFINITIONS

 "Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Asia Escape Holidays website.

 “Asia Escape Holidays” or "us" or “we” or “our” means Asia Escape Holidays Pty (ABN 46 088 941 682).

 “Third Party Travel Provider” means the company or person who provides you with the Travel Product on terms and conditions agreed with you.

 “Travel Product” means the service or product provided by a Third Party Travel Provider, for example, an airline or hotel.

“You” means any user of this Website and includes and person who acquires a Service (whether or not that Service was acquired by another person);

Asia Escape Holidays
Level 1
353 Cambridge Street
Wembley, WA 6014
Australia

Last updated 05 November 2015