Regional Express Website Terms And Conditions Of Use
This web site is operated by Regional Express Holdings Limited ABN
18 099 547 270 trading as Regional Express under
the domain name "www.rex.com.au" (Site).
The Site is operated on behalf of Regional
Express and its related bodies corporate
(collectively called Australiawide Airlines).
Your access to this Site is conditional
upon your acceptance of and compliance
with all of the terms and conditions
set out below, and the Regional
Express Privacy Policy, and if you use the Internet Reservation
System located on the Site, the Regional
Express Internet Reservations
Terms and Conditions and
Regional Express Electronic Ticket
Conditions of Contract and Terms
of Carriage
which appear on the Site (collectively
referred to as Terms).
Please contact us at customersupport@rex.com.au
if you have any questions about these Terms.
1. Acknowledgment and acceptance of terms and conditions
Regional Express may alter the Terms from time to time without notice and it is
your responsibility to monitor amended Terms. All changes are effective from
the date of posting the revised Terms on this Site. The updated version of the
Terms will supersede any prior version of the terms. You can review the most
current version of the Terms at any time by visiting this page. Your use of the
Site constitutes your agreement to the Terms.
2. Disclaimer
Regional Express does not have control over the acts of other airlines and
third parties and cannot be liable for contents of any linked web site or any
information provided by, or based on information obtained from, third parties.
Where third party information has been used, Regional Express makes no
representation as to the accuracy or completeness of that information including
any data, opinion, conclusion, comparison or forecast. Regional Express shall
incur no personal liability whatsoever in relation to the information contained
on the site or in connection with it. Please contact Regional Express or the
relevant third party prior to relying on the accuracy of any information
contained on this Site.
3. Use of this Site
When you access the Site, you agree that you do so on the following conditions:
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you must not use the Site or any of the material contained in it for any
purpose which is unlawful, prohibited under these Terms, or which violates any
right (including copyright) of Regional Express or any third party;
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you must not access or attempt to access any part of the Site which is not
designated for access by your password;
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you may save a local copy of or print material posted on the Site for your own
information, research or study and to inform others about the Site but you may
not reproduce, duplicate, copy, sell, re-sell, adapt, perform in public,
transmit in any form by any process (graphic, electronic or mechanical,
including further copying, recording, taping by a storage and / or information
retrieval system) or otherwise exploit any part of this Site for any commercial
purpose;
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you must not post or transmit to the Site any illegal, threatening, abusive,
defamatory, obscene, pornographic or indecent information or material of any
kind, or any material in contempt of any court or parliament, or encourage any
other person to do so;
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you must not knowingly post or transmit or permit the posting or transmission
of any material to the Site which contains a virus;
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you must not post or transmit any material to the Site which breaches any laws
relating to a person's right to privacy or the export of personal data;
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you must not post or transmit any material to the Site which is incorrect or
misleading;
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you must take your own precautions to ensure that whatever you select from the
Site is free of viruses or anything else that may interfere with your or any
third parties' computer system.
Regional Express may refuse access or edit or delete material posted by you in
contravention of these conditions.
4. Links to other web sites
The Site may contain links to web sites operated by third parties. The
inclusion of any link does not imply any endorsement of the linked web site by
Regional Express. Regional Express is not responsible for the contents of any
linked web site or any hyperlink contained in the linked web site.
Regional Express does not warrant the correctness, accuracy, timeliness,
legality or reliability of any third party web site, including the contents of
any link framed by this Site. Your decision to link to a third party website is
entirely at your own risk.
5. Warranties
All information on this Site subject to change without notice and is provided
"as is" without express or implied warranty of any kind. Australiawide Airlines
makes no representations about the content and suitability for any purpose of
the information contained in this Site.
To the full extent permissible by law, Australiawide Airlines disclaims all
warranties with regard to this information or other material on the Site,
including all implied warranties as to merchantability or fitness for use.
Australiawide Airlines is not liable for any damages whatsoever including any
special, indirect or consequential damages resulting from loss of use, data or
profits, whether in an action in contract, negligence or other tort, arising
out of or in connection with access to this Site or the information contained
in it. Australiawide Airlines does not warrant that the Site will be
uninterrupted or error-free.
You must seek independent advice before acting on any material or information
contained in this Site or any link to a third party web site.
You must not provide any warranties to third parties in relation to the contents
or performance of the Site.
6. Security
When using the World Wide Web, the Internet or third party networks or
facilities, you are using networks, facilities and services that are beyond the
control of Regional Express. You assume all risk and liability of your use of
the World Wide Web, the Internet or any such third party networks, including
any access to the Site via such media.
7. Privacy
Regional Express will comply with the terms of the
Regional Express Privacy Policy, as amended from time to time.
8. Copyright and other intellectual property rights
All information, material, text, graphics, logos, trade marks and other
material (collectively referred to as Contents) on this Site are the property
of Regional Express and such Contents are protected under Australian laws and
through international treaties.
Use of the Site will not confer any intellectual property rights in the
Contents, or any goodwill or reputation associated with the Content. Content
must not be used or reproduced without the prior specific and written
permission of Regional Express. All rights are reserved.
9. Purchase of goods or services from third parties
Regional Express is not liable for the statements or offers made by third party
advertisers or third party suppliers of goods and services. Unless expressly
stated otherwise, the information is not an offer by Regional Express to enter
into a separate contact for the purchase of goods or services.
All prices listed on this Site are accurate only as at the time they were
notified to Regional Express. Regional Express is not liable for the
correctness of prices or price changes, including where price changes have not
been reflected on the Site web site. All prices are quoted in Australian
Dollars and may or may not be inclusive of GST and other taxes, charges and
levies imposed by any government, airport operator or other party.
10. Outages
Regional Express reserves the right to cease, interrupt or withdraw your access
to the Site for any reason, including without limitation, for upgrades and
maintenance of the Site.
11. Termination
Regional Express may terminate this agreement and your access to the Site at
any time without reason, with or without notice.
The termination of this agreement or removal of the Site will not affect any
provision contained in these Terms which expressly or by implication is to
become operative or continues to operate after termination, including those
provisions relating to intellectual property, disclaimers and limitations of
liability.
12. Limitation of liability
To the extent permissible by law, Australiawide Airlines expressly excludes
liability for any direct, indirect, incidental, special, exemplary,
consequential or other damages whatsoever, (including but not limited to
liability for loss of use, data or profits or interference with or damage to
your computer systems), without regard to the form of any action, including but
not limited to contract, negligence or other tortious actions, arising out of
or in connection with the Site, including any Content on or accessed through
the Site.
Liability in relation to breach of the statutory warranties and conditions as
defined in the Trade Practices Act 1974 (Cth) is limited, at the option of
Regional Express, to the extent possible, to:
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re-supplying of the services;
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the repair of the goods; or
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payment of the cost of having the services supplied again.
13. Assignment
Regional Express may assign, transfer, charge or deal in any other way with the
benefit of any right conferred by or arising under these Terms at any time
without notice to you.
Upon such an assignment, the Terms will inure to the benefit of any of our
successors in interest.
14. Entire Agreement
These Terms, including the documentation referred to within it, are the entire
agreement between you and Regional Express with respect to your use of the
Site.
15. Severability
If any provision of these Terms is found to be invalid or unenforceable by a
court of law, it may be severed and will not affect the remainder of the
agreement, which will continue in full force and effect and these Terms will be
deemed amended to replace, to the extent legally permitted, the rights and
obligations contained in the invalid, illegal, or unenforceable provision. The
invalidity, illegality, or unenforceability of any provision of these Terms
will not constitute failure of consideration.
16. Governing Law
These Terms will be governed by the Laws of Victoria, Australia and you submit
to the non-exclusive jurisdiction of the courts of that jurisdiction and any
courts which may hear appeals from those courts in respect of any proceedings
in connection with these Terms or the Site. You are responsible for compliance
with all laws and regulations applicable to you in your location.
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