Disclaimer and Limitation of Liability
To the fullest extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way (including for negligence) for any loss, damages, costs or expenses suffered by you or claims made against you through use of www.TXA.com.au or any failure to provide www.TXA.com.au or in connection with any goods, services or information supplied, offered to be supplied or advertised via www.TXA.com.au.
V3 cannot guarantee that your use of the Website will be free from error and/or uninterrupted. V3and its directors, officers, employees and representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages including, but not limited to, indirect or consequential damages, damages for loss of opportunity or chance, or any damages whatsoever arising from use or loss of use of business information, data or loss of profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with any information on the site or the use of the site or any other external website which is linked to www.TXA.com.au.
If, in V3‘s reasonable opinion, (which will be determined by us in our sole discretion) you breach any of these terms and conditions, we may suspend, terminate or limit your access to www.TXA.com.au effective immediately.
These terms and conditions are governed by the laws of Western Australia and disputes arising from matters relating to the site shall be exclusively subject to the jurisdiction of the courts of Western Australia.
If any of these terms and conditions are invalid or unenforceable, they 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 and conditions, this does not waive our right to act with respect to subsequent or similar breaches.
In these terms and conditions a reference to ‘we/us’ means a reference to VCubed Pty Ltd (ACN 074 524 879) and a reference to “you” means any person at any time using or accessing the site at www.TXA.com.au and includes their successors in title and assigns.
VCubed Pty Ltd (“V3“) is subject to and will process your personal data in accordance with the National Privacy Principles established under the Australian Privacy Act 1988.
You hereby agree that the information provided by you on registration (“Registration Information”), all updates of the Registration Information and any other information sent to V3 by you or otherwise obtained by V3 about you (“the Personal Information”) may be processed by V3 for the purposes of:
- processing your requests;
- providing you with information by email or other means;
- providing you with information about products and services of V3;
- providing a personalised service;
- maintaining accounts and records;
- administration of membership records;
- statistical analysis and conducting market research surveys;
- assessing and evaluating the use that is being made of the Site;
- information and databank compilation and administration, and databank sales to data processing companies including operators of global distribution systems of travel and leisure products.
V3 operates the V3 Travel System and for that purpose has contracted strategic alliance businesses in separate business sectors (“Strategic Alliance Businesses”) to provide services to you. You hereby agree that V3 may use or disclose the Personal Information to the Strategic Alliance Businesses so that the Strategic Alliance Businesses may:
- process your requests;
- provide you with information by email or other means;
- provide you with information about their products and services;
- provide a personalised service;
- maintain accounts and records;
- administer membership records;
- undertake statistical analysis and conduct market research surveys;
- assess and evaluate the use that is being made of the Site; and
- undertake information and databank compilation and administration.
You also consent to the transfer, storage and processing of the Personal Information to/in countries outside Australia in connection with the processing mentioned above. Your Personal Information may therefore be processed in countries where the rights and benefits conferred on data subjects may not be as favourable as in Australia. If you would prefer not to have your Personal Information transferred in this way, please make this clear by sending an appropriately worded message to email@example.com.
From time to time we may also notify you of other goods and/or services offered by V3 or others including the Strategic Alliance Businesses. If you prefer not to receive such offers or details, or if you do not wish your Personal Information to be processed in the manner outlined in the preceding paragraphs please make this clear by sending an appropriately worded message to firstname.lastname@example.org. If you do not agree to allow your Personal Information to be used for one or more of the purposes set out above then your ability to access some or all of the services of the V3Travel system operated by V3 may be impaired as some of the information is mandatory for participation. V3 will provide you with a description of the services likely to be affected on receipt of an appropriately worded message.
Your Personal Information may be accessed by you by sending an appropriately worded message to email@example.com. The Privacy Act 1988 provides that you may be denied access to your Personal Information in certain circumstances set out in that Act and V3 will rely on its rights under the Act.
If you advise V3 that your Personal Information is not accurate, complete and up to date then V3 will take reasonable steps to correct the information. V3 may charge a reasonable fee for providing a copy of your Personal Information and undertaking connections at your request.
V3 keeps your information on controlled facilities which are secured against unauthorised access. Proof of identity will be required before your information is released to any person, including to You.
V3 typically communicates with You by email.