- In this document the words “the Services”, “the App” and “the Site” refers to the Sparrow Flights Website, the Sparrow Flights App and all related services offered by Sparrow Flights Pty Ltd.
- In this document, “we”, “our”, “us” and “Sparrow Flights” refer to Sparrow Flights Pty Ltd, the operator of the Services and all of its related entities.
- By using or accessing the Services, you (“you”) agree to all the terms and conditions of the Agreement, and if you do not agree to all the terms and conditions of the Agreement you should not and are not permitted to use the Services.
MODIFICATIONS TO THE AGREEMENT
- Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
- Sparrow Flights is a booking service which facilitates the booking of travel products. All such products are provided by independent airlines, hotels, or other third parties and may be subject to terms and conditions imposed by those third parties.
- It is the responsibility of the traveller to ensure that he or she:
- complies with all applicable government travel requirements including, without limitation, obtaining a passport and visas to enter the destinations to which you are traveling, if any such documents are required; and
- checks in by the required check-in time; and
- confirms the scheduled departure time prior to any flight.
- As there may be delays at the airport, you are advised to arrive at the airport within a reasonable period of time before your flight. We are not responsible for any delays you may experience.
- Requests for a refund of monies paid for any travel products or services booked through the Services are governed by the terms and conditions of the relevant third party supplier, and Sparrow Flights is not responsible for, and does not have any control over, such terms and conditions. In particular, you are advised that many airfares are non-refundable and you must check the terms and conditions applicable to the relevant airfare before proceeding with the booking.
- Hotel content and reservations terms and conditions can be found here.
LIMITATIONS OF USE
- You may not do any of the following while accessing or using the Services:
- access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of Sparrow Flights and/or its service providers;
- probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
- access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Sparrow Flights (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Sparrow Flights;
- scrape the Services, and particularly scrape Content (as defined below) from the Services, without the express prior written consent of Sparrow Flights;
- use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or
- interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
- You may not do any of the following while accessing or using the Services:
- “Content” means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services.
- The Services contain material which is owned by or licensed to Sparrow Flights. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
- Reproduction is prohibited.
- All trademarks reproduced in the Services which are not the property of, or licensed to, the operator are acknowledged on the Services. Sparrow Flights and/or third parties retain ownership of all intellectual property rights in all Content.
- Unless otherwise indicated, all materials on the Services are protected by copyright, trademarks and/or other intellectual property rights. Except for the bona fide purpose of considering an invitation to treat from the Booking Service or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by Sparrow Flights.
- Any other use of materials on the Services, including reproduction for purpose other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of Sparrow Flights is strictly prohibited.
APPLICABLE LAW AND JURISDICTION
- Your use of the Services is governed in all respects by the laws of the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales in relation to any legal proceeding directly or indirectly arising out of or relating to the Services (including but not limited to the use of Sparrow Flights products).
- The information contained on the Services is for general information purposes only. The information is provided by Sparrow Flights and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information, products, services, or related graphics contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- The Booking Service may contain errors and inaccuracies and Sparrow Flights reserves the right to correct any errors or inaccuracies and to update information at any time without any notice.
- Sparrow Flights shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the use of services booked via the Services.
- You release, waive, discharge and indemnify Sparrow Flights, its directors, and all persons acting under its permission or authority from and against any and all claims arising out of or related to any loss, costs, damage, prosecution, financial liability, or injury, including death, that may be sustained by Sparrow Flgihts, or to any property belonging to Sparrow Flights, while participating in any activity arising out of or related to your use of the Booking Service.
- The Services may contain links to other websites or software applications. Sparrow Flights is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites or applications. Any link to another service, and reference to third-party information, products or services linked to the Services, is not, and should not be construed as, an express or implied endorsement by Sparrow Flights. Any questions or comments relating to such other services should be addressed to the operator or operators of those services.
- The Services may content, imagery, text and other media generated by users of the Services. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information, products, services, or related graphics contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
- Every effort is made to ensure the efficient operation of the Services and Services and that the information contained within the Services is accurate at all times. However, Sparrow Flights takes no responsibility, and will not be liable for the Services becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.
- To the full extent permitted by law, Sparrow Flights excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
- To the full extent permitted by law, Sparrow Flights exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
- You release Sparrow Flights from any responsibility whatsoever for any booking you make with any third party as a result of your use of the Services.
ELIGIBILITY TO BOOK
- In order to make a booking on the Services you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
- All orders are subject to availability and confirmation of the order price. Dispatch times may vary depending on availability of items and any delivery time guarantees made, are subject to service from our third party freight company and we will not be responsible.
- The Site, and any invitation to treat described therein, is available only to individuals and others who meet the terms of eligibility as accepted by the Booking Service, who have been issued a valid credit/debit card by a banking institution acceptable to the Booking Service, whose applications are acceptable to the Booking Service and who have authorised Sparrow Flights to process a charge or charges on their credit/debit card in the amount of the total booking price. Sparrow Flights reserves the right to restrict quantities at its discretion.
- By making an offer to book travel services you expressly authorise us to perform credit checks and where Sparrow Flights feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual transactions.
- Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
PRICING AND AVAILABILITY
- We try to ensure that all details, descriptions and prices which appear on the Services are accurate however, errors may occur. If we discover an error in the price of any goods that you have ordered, we will notify you immediately and offer you the option to reconfirm your order at the correct price or to cancel your order. In the case that we cannot get in contact with you, we will cancel the order and refund you in full.
- The Site may contain errors and inaccuracies and we reserve the right to correct any errors or inaccuracies and to update information at any time without any notice.
- Use of the Service may be subject to fees levied by Sparrow Flights, including but not limited to booking fees, subscription fees and change fees. Fees paid to Sparrow Flights are payable in advance and are not refundable or partially refundable, except as required under the Competition and Consumer Act 2010.
- Use of the Service may facilitate the payment of fees levied by third parties, including but not limited to booking fees, change fees and other travel charges.
- Prices may be displayed in different currencies and are based on current exchange rates however, all transactions will be processed in AUD.
- All prices are subject to availability and can be withdrawn or varied without notice. The price is only guaranteed once paid for in full. Please note that prices quoted are subject to change. Price changes may occur by reason of matters outside our control which increase the cost of the product or service. Such factors include adverse currency fluctuations, fuel surcharges, taxes and airfare increases.
- All payments are processed through an external payment gateway and no orders will be finalised until payment has been received in full.
- We may, in our abolute discretion, refuse service to any person or entity.
- We may, in our abolute discretion and with immediate effect, terminate this Agreement.
- We may, without notice to you and in our sole discretion, delay any booking, issue you a warning, restrict your activities through the Services, temporarily suspend, indefinitely suspend or terminate your account and refuse to provide our services to you if:
- you have, or we believe that you have, breached this Agreement;
- we are unable to verify or authenticate any information you provide to us;
- we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
- if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.
- Failure or omission by us at any time to enforce or require strict or timely compliance with any provision of this agreement will not affect or impair that provision, or the right of the Booking Service to avail itself of the remedies it may have in respect of any breach of a provision, in any way.
- If any provision of the agreement should be held to be invalid in any way or unenforceable, the remaining provisions must not in any way be affected or impaired. This agreement must be construed so as to most nearly give effect to the intent of the parties as it was originally executed.
APPLICABLE LAW AND JURISDICTION
- Your use of the Booking Service is governed in all respects by the laws of the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales in relation to any legal proceeding directly or indirectly arising out of or relating to the Booking Service.
- We may offer promotional discount codes to be used on the site which will adhere to special conditions that will be specified at the time of issue.