1. Who may use this site?

We encourage everyone to use this site, whether you want to use Airtrain once, or just want to browse the site to discover more about us and our services.

2. Tickets

You may purchase tickets for Airtrain services on this site. If you purchase a ticket on this site, you must pay us the price and on the payment terms set out on this site for those services. Prices and timetabling of Airtrain services may change from time to time. We will not necessarily give you notice of such changes (except, of course, if the timetable of a service you have purchased from us changes).

If you buy a ticket for an Airtrain service from this site, and you tell us you want to cancel your ticket more than 48 hours before the service would have begun, we will refund your purchase, less a 20% processing fee. If you tell us you want to cancel less than 48 hours before the service would have begun, your purchase price will be non-refundable.

There may be additional terms set out on this site in relation to Airtrain services purchased on this site. Those terms will also apply to those purchases. When you purchase tickets we may ask you to provide us with some personal information to help us verify your identity, to process your purchases, and to help us administer this site. We will treat your personal information in accordance with our Privacy Statement.

3. Site rules

Of course, there are some rules about how you use this site. In using this site, you must not:

a) impersonate another person (for example, by pretending to be someone else when you register or purchase tickets, or by using another person's credit card details without permission);
b) tamper with, hinder the operation of, or make unauthorised modifications to this site;
c) knowingly transmit any virus or other disabling feature to or via this site or the operating environment in which this site is hosted; or
d) attempt to do any of these things or permit another person to do any of these things.

4. Intellectual property

The material available on this site, including the software, design, text and graphics comprised in this site, and the selection and layout of this site, is either owned or licensed by us, and is protected by copyright under the laws of Australia and other countries. We take intellectual property seriously.

We grant you permission (and in fact we encourage you) to:

a) view this site using your web browser and to save an electronic copy of this site solely in the usual operation of your web browser in visiting this site; and
b) create a hyperlink to the home page of this site, so long as the link does not portray Airtrain or its services in a false, misleading or derogatory way.

You may not otherwise copy, frame, publish, publicly perform, communicate, adapt, sell or sublicense any of the material on this site, except as permitted by statute or with our written consent. This site may also include registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word AIRTRAIN and the Airtrain logo. Except as part of or in connection with a hyperlink referred to in (b) above, you may not use these trade marks as trade marks, as meta tags or in any other hidden text with a similar function as meta tags, or as a Google Adword or other marketing techniques with a similar function.

This site may contain links to third party sites. If you access those sites, or purchase or use any products and services made available at those sites or from sites linked to those sites, you do so at your own risk, and your legal relationship in relation to those products or services is with the third party.

5. Our liability to you

Given the nature of the Internet, we cannot guarantee that this site will always be available or fault- or virus-free. The terms that apply to the supply of this site, and the services purchased from this site, are those that are expressly set out or incorporated in the Terms and those implied by consumer protection laws that we cannot exclude. No other terms apply.

Subject to the express exclusions we make below, we accept our liability to you for breach of contract or negligence under principles applied by the courts. For any breach of a term implied by consumer protection laws that we cannot exclude in relation to an Airtrain service you purchase on this site, we limit our liability for that breach, to the extent permitted by law, to the resupply of that service or payment of the cost of having that service resupplied.

Subject to the paragraph directly above, we are not responsible for:

a) loss caused by factors which could reasonably be considered to be outside our control such as faults in third party equipment;
b) loss of data or loss of profits or revenue; or
c) any loss to the extent that it is caused by you, for example, through your negligence or breach of contract.

6. Change of Terms

We may change the Terms by obtaining your consent or in accordance with this section. Whether we give you notice, and how long that period of notice is, depends on the type of change. If the change to the Terms:

a) will benefit you, we can make the change immediately and are not required to notify you prior to the change;
b) has a detrimental impact on you, we will try to give you 20 days' prior notice of the change but may give you less (or none) if the need for the change is urgent;
c) if the change is not of a type described in (a) or (b), we will give you at least 5 days' prior notice of the change.

If we change the Terms, you may choose to stop using this site. Any use of this site after a change of the Terms takes effect will be governed by the varied Terms.

We do not have to notify you if we simply make changes to this site (for example, to the prices or timetable information set out in this site).

7. Termination

You may stop using this site at any time, and we may stop making this site available at any time. In addition, we may immediately suspend, terminate or limit your access to this site if:

a) you are in breach of the Terms and the breach is something which cannot be remedied, or you fail to remedy the breach within 30 days' of our written notice to you of that breach; or
b) we believe on reasonable grounds that there is a real risk of serious loss or damage to us or another if we do not suspend, terminate or limit your access to this site (for example, we reasonably suspect that you used a credit card to purchase tickets on this site without the card-holder's authority).

8. Notice

Any notice we give you under these Terms (for example, about a change of the Terms) will be made by posting the notice to this site. Notice is deemed to be given when we post it to this site.

9. Boilerplate

This agreement is governed by the law in force in the State of Queensland, Australia, and you and we both irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning this agreement. If any of these Terms is invalid or unenforceable, it will be struck out and the remaining terms will remain in force. If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to subsequent or similar breaches. If you do not act in relation to a breach by us of the Terms, this does not waive your right to act with respect to subsequent or similar breaches. You may not assign or transfer your rights or benefits under the Terms to any other person or entity without our prior consent, which we will not unreasonably withhold.

Last updated: June 2007