Terms of Use

 

1. Terms of Use, as amended from time to time, govern your use
 

1.1 This website www.airvanuatu.com ("Website") is owned and operated by Air Vanuatu (Operations)Limited, incorporated in Vanuatu, on its own behalf and that of its related bodies corporate (together "Air Vanuatu" or "we"/"us"/"our"). Our registered office Air Vanuatu House, Rue du Paris, Port Vila, Vanuatu.
 

1.2 The following Website terms and conditions, the Privacy Policy, Terms of Carriage and any other notices, disclaimers and rules of use contained on this Website (together the "Terms of Use") govern your access to and use of: 
 

 a) this Website

       b) the information, software, logos, trade names, animation, photographs, illustrations, video and audio clips, text, graphics, icons, messages, comments, feedback, ideas, notes, drawings, articles, functionalities and other materials made available on or through it (together the "Content") and 

       c) the products and services you can acquire through your use of it. 
 

1.3 The Terms of Use are a legal agreement between you and us, and you accept them by using this Website. We reserve the right to change them at any time. Their current version will always be posted on this Website, and will cancel and replace any previous version. You should review the Terms of Use carefully before using this Website and check periodically for any changes. By continuing to use this Website after the posting of such changes, you agree to be bound by them, whether or not you have reviewed them. If you do not agree with the Terms of Use, as amended from time to time, you must not use this Website. 
 

2. Our rights in, and restrictions on your use of, the Content
 

2.1 All Content (including the structure and layout of this Website) on this Website is our intellectual property or that of our partners or third party suppliers. We grant you a non-exclusive, non-transferable, limited right to access and use this Website, view the Content on your screen and print copies of such Content, solely for your personal, non-commercial use, and provided that you comply fully with these terms. 
 

2.2 As a condition of your use of this Website, you acknowledge and agree that you will not (except to the extent permitted by applicable copyright legislation):
 

a) otherwise use, sublicense, retrieve, publish, perform, display, modify, copy, print, sell, distribute, transmit, download, reverse engineer or create extracts of, or derivative works from, this Website or its Content, 
 

b) Use this Website or its Content for any purpose that is unlawful or prohibited by the Terms of Use,
 

c) insert or implement any link to this Website in or from any other website, 
 

d) use any robot, spider, other automatic device, or manual process to monitor or copy web pages from the Website or any Content, or
 

e) use any device, software or routine to interfere or attempt to interfere with the proper working of this Website, without our prior specific written permission.
 

2.3 You must also not do anything that imposes an unreasonable or disproportionately large load on the infrastructure used by this Website, or that may otherwise damage, disable, overburden, or impair this Website or interfere with any other person's use of it.
 

3.1 If we permit you to create an account or log-on on this Website, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account or log-on. You must protect and keep confidential your password and other account or identity information and notify us immediately of any suspected breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (except to the extent that we are at fault).
 

3.2 You agree to provide accurate, current and complete information about yourself (and any entity you represent) as requested or directed on this Website and to promptly update this information to maintain its accuracy. 
 

3.3 We will use all reasonable efforts to secure information you submit to this Website (including through use of secure socket layer (SSL) encryption). However, we cannot guarantee that these measures will keep your information secure, nor can we guarantee the strength or effectiveness of such encryption. 
 

4.1 We are committed to protecting your privacy. Personal information that we collect from you through this Website will be collected, used, disclosed and processed in accordance with:
 

a) our Privacy Policy; or 

b) to the extent it is collected from members of Qantas Frequent Flyers Program and for the purposes of that program, the Qantas Frequent Flyer Privacy Policy (and in accordance only with that policy in those circumstances).  
 

4.2 In using this Website, you consent to your personal information being collected, used, disclosed and processed in accordance with the applicable policy referred to above.
 

5.1 We may provide links or feeds to, or frame, other websites owned, controlled or operated in whole or in part by third parties ("Third Party Websites"). Third Party Websites may also provide links to this Website.
 

5.2 Any links or feeds to, or framing of, any Third Party Websites are provided solely for your convenience and information. We do not control the content of Third Party Websites, and do not examine their content or have any influence on their content or other characteristics, and you acknowledge and agree that any access you make to them is entirely at your own risk. 
 

5.3 Neither:

a) our provision of a link or feed to a Third Party Website; nor

b) reference on this Website to the products and services of the operator of such a site,implies any endorsement, recommendation, authorisation or sponsorship by us of that site, its operator or the products and services offered through it, nor does it imply that we are affiliated with the third party operator. 
 

5.4 In particular, but without limiting the foregoing, we have commercial agreements with: House of Travel Pty Ltd (T/A Specialist Holidays Pty Ltd & Air Vanuatu Holidays), Allianz Australia Insurance Ltd, and Amadeus IT Group SA (which has agreements with Hertz, Avis, Budget and Eurocar franchises), but we neither administer nor control the content of, and products and services offered through, these sites/feeds. Please read the terms and conditions available on the Third Party Websites of these operators.
 

6.1 We recognise the community concern regarding transmission of computer viruses. We utilise up to date technology in an attempt to eliminate any computer virus infecting any information, material or content transmitted from or in connection with this Website. 
 

6.2 However, we do not guarantee or warrant that the Content, this Website, the servers on which it operates, or any Third Party Website will be free from viruses, worms, "Trojan horses," or other destructive materials. We are not responsible or liable for any damages or harm caused by such features and neither we nor any of our partners or third party suppliers warrant that this Website, any Third Party Website or any function of either of them will be uninterrupted, secure or error-free, or that defects will be corrected. Any downloading by you of any product, service or Content through use of this Website or any Third Party Website is undertaken at your sole risk and you will be solely responsible for (and should take your own precautions against) any resulting damage to your computer system or loss of data.
 

6.3 While all reasonable care is taken to ensure that the Content is correct and that this Website is free from material errors or omissions and is suitable for its intended use:

a) neither we, nor any of our partners or third party suppliers warrant or make any representations regarding the use, or results of use, of the products, services and content in, or offered through, this Website or any Third Party Website (including as to quality, accuracy, fitness for purpose, usefulness or completeness) and such products, services and content are provided / offered solely "as is", and
 

b) except to the extent prohibited by law, we disclaim all implied warranties, including but not limited to warranties of merchantability, satisfactory quality and fitness for a particular purpose, compatibility, security, accuracy, correctness, reliability or non-infringement of intellectual property.

In particular, but without limitation, any booking made through the Website will only be complete once your screen has displayed a confirmation of booking screen, showing full details of your itinerary with ticket number and payment. 

 

6.4 The above disclaimers apply to the fullest extent permitted by law. Nothing in the Terms of Use will be construed as excluding our liability where such exclusion is prohibited by law. 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:  
 

a) the re-supply of the goods or services;

b) the repair of the goods; or

c) the payment of the cost of having the goods or services supplied again or repaired. 
 

7. Limitation of Liability
 

To the fullest extent permitted by law (but subject as may otherwise be specified in the Terms of Use, in relation to our liability for specific products and services):
 

a) we are not liable to you or anyone else (whether in contract, tort, including negligence, for breach of statutory duty or otherwise) for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, and
 

b) to the extent that the above exclusion of liability is not enforceable, our total aggregate liability to you for all damages, losses, liabilities and causes of action arising from or related to this Website and the products, services and Content available through it (whether in contract, tort, including negligence, for breach of statutory duty or otherwise) will not exceed in aggregate the amount, if any, paid by you during your use of this Website that gave rise to the relevant loss or claim, and
 

c) if you are dissatisfied with any portion of our Website, or with any of these terms, your sole remedy is to discontinue your use of this Website.  
 

You must indemnify, hold harmless and, at our option, defend us and our officers, directors, employees, shareholders, agents and representatives from any and all claims, losses, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from your improper use of this Website, your violation of the Terms & Conditions, or your infringement (or the infringement or use by any other user of your account / login) of any intellectual property or other right of any person or entity.
 

We may at any time modify, discontinue, temporarily suspend or permanently remove this Website, any/all of the Content, or your access to this Website, with or without notice, for any reason (including, but not limited to, security reasons or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use). We will not be liable to you or any third party for any such modification, suspension or discontinuance. 
 

Unless otherwise stated, the Terms of Use are governed by and will be construed according to the laws applicable in the republic of Vanuatu in connection with any dispute or action arising out of the Terms of Use or your use of this Website or i's Content. 
 

If any provision of the Terms of Use becomes or is declared unlawful, void, or for any reason unenforceable, that provision will be severed from the Terms of Use and will not affect the validity and enforce ability of any remaining provisions. The Terms of Use are the entire agreement between you and us relating to their subject matter.