Please read these terms and conditions of use (“Terms”) carefully before using or obtaining any materials, information, products or services through this Website (“this Site”). This Site is available to you strictly on the basis of your acceptance of these Terms. By accessing any content, data, materials, information, products or services through this Site (including without limitation this Site itself), or by booking any services via this Site you agree you are bound unconditionally by these Terms. If you do not accept all of these Terms, then we require you to immediately exit this Site without further utilising the same in any way.
1. Ownership
1.1 Mix & Match Travel PTY Limited (“Mix & Match”) operates this Site (including all copyright and intellectual property in it) and along with various travel and leisure service and information providers (“Providers”) referred to on this Site and other Mix & Match group entities, owns, licences, or has copyright in, and has further intellectual property in respect of its contents. Trademarks, logos and service marks displayed on this Site (“Marks”) are either Mix & Match’s, or belong to its Providers. Your use of and access to this Site does not grant you any right to use any of the Marks.
1.2 To the maximum extent permitted by law, Mix & Match disclaims all and any liability to any damage or loss resulting from use of or reliance on the information from this Site or any part of it.
1.3 Mix & Match may amend or suspend this Site and the services on it at any time without notice.
2. Use of Site
2.1 The information on this Site is directed solely at those who travel from Australia.
2.2 Mix & Match grants you a limited, non-transferable, revocable, non-exclusive licence to access this Site solely for personal use in determining the availability of selected air travel services, accommodation rental vehicles and associated travel related products (“Travel”) and to book Travel from Providers in the name of individual persons. You shall not use this Site for any other purpose, including without limitation, for commercial gain or purposes, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand.
2.3 You shall not use any device, software or routine that interferes or attempts to interfere with the normal operation of this Site or take any action that imposes an unreasonable load on our computer equipment. You shall not use any robot, spider, other automatic device, or a program, algorithm, or methodology having similar processes or functionality, or any manual process to monitor our site or any data or content found on this Site.
2.4 You shall not copy, reproduce, republish, upload, post, transmit, distribute, sell, transfer or modify any of the content, data, information or materials found on this Site, but you may download, display and print one (1) copy of materials presented on this Site on a single computer for your personal, non-commercial use.
2.5 Any unauthorised use automatically terminates the licence granted by Mix & Match.
3. Agent Only
3.1 Mix & Match acts as agent only and does not provide Travel. Your agreement for any travel booked by you using this site is with the relevant Provider and upon the terms and conditions applied by them. We make no warranty as to the Travel whatsoever and all services and products supplied by the Providers are available on an “as is” basis.
3.2 While Mix & Match endeavours to ensure the content on the Site is as accurate as possible, Mix & Match shall not be responsible for the content of any material or promotion supplied by or derived from Providers nor be liable for any direct or indirect loss or damage suffered by you (or any other party) from accessing, using, relying on or trading with such Providers. To the extent permitted by law, Mix & Match will not be liable for any direct or indirect loss or damage, however caused, suffered by you by reason of your use of, or inability to access, this Site.
4. Site Availability
4.1 Mix & Match will use reasonable commercial efforts to keep this Site available on a 24 hour 7 day a week basis, subject to scheduled and unscheduled downtime for maintenance, and system outages. Your access to this Site may not be uninterrupted or available at all times. Mix & Match cannot promise that this Site will be error-free, that defects or errors will be corrected or that this Site or the servers that make it available are free from viruses or other harmful components.
5. Responsibility for Confidentially of Account Information
5.1 If you use this Site and maintain a profile customised to your needs, you are responsible for maintaining the confidentiality of your login password, which has been provided to you. You accept responsibility for all activity that occurs on this Site where access is obtained using your password. If you are concerned that the security of your password may have been compromised, Mix & Match recommends that you immediately change your password.
6. Pricing
6.1 In providing our advice as to price and availability of Travel we are reliant on information supplied to us by Providers and other third parties and therefore prices and availability may have changed by the time you come to book your holiday or travel arrangements. Accordingly, while Mix & Match will use all reasonable endeavours to ensure the information on this Site is as accurate and up to date as possible Mix & Match does not provide a warranty to that effect. You acknowledge that Mix & Match has no responsibility for the accuracy, completeness, currency or timeliness of price and availability of information.
7. Privacy
7.1 Any personal information that you disclose to us will be treated in accordance with the provisions of the Privacy Act 1988 (Cth) and Mix & Match's Privacy Policy which appears on this Site., so far as Mix & Match is in control of the same, except that it may be supplied to Providers in relation to your holiday or travel arrangements. Mix & Match provides no warranty as to the policies of Providers and if you wish to consider the Privacy Policies of any Provider, you should request such information from them.
8. Law and Jurisdiction
8.1 The laws of New South Wales shall govern all information and Travel provided through the Site. You submit to the exclusive jurisdiction of the courts of New South Wales in all matters arising out of or in connection with your use of this Site and the Terms.
9. Security and Encryption of Payment
9.1 When you book or reserve Travel on this Site a secured server is used. Special software (SSL) encrypts the information you send through this Site. Mix & Match makes no warranty in respect of the strength or effectiveness of that encryption and have no responsibility for events arising from unauthorised use of the information you provide.
10. Links
10.1 This web site may contain links to, or frame, web sites of third parties ("External Sites"). Mix & Match is not required to maintain or update the links.
10.2 Links to, or framing of, External Sites should not be construed as any endorsement, approval, recommendation or preference by Mix & Match of the External Sites, or for any information, products or services referred to on the external sites unless expressly indicated on this web site.
10.3 Mix & Match gives no warranties and accepts no liability in relation to material contained on External Sites.
10.4 Any person who wishes to establish a link with this Site must obtain the prior written permission from Mix & Match and Mix & Match reserves the right to refuse permission as it thinks fit.
These terms were last updated on 1 February 2022.