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Terms and Conditions

The Pelican Airlines Pty Ltd Terms and Conditions preside over and govern your use of the Pelican Airlines Pty Ltd website.

This website is operated by Pelican Airlines Pty Ltd (ABN 62 167 249 729) trading as Pelican Airlines Pty Ltd. Access to this website is conditional on you accepting and complying with all of the terms and conditions set out below, and the Pelican Airlines Privacy Policy, and if travelling on a Pelican Airlines service the Conditions of Carriage.

Pelican Airlines Pty Ltd may be referred to as FlyPelican for marketing purposes.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS

Pelican Airlines reserves the right to alter these Terms and Conditions at any time without notice. It is your responsibility to monitor amended Terms and Conditions. All changes are effective from the date published to this website and supersede previous Terms and Conditions. The most current version of Terms and Conditions can be viewed at any time by visiting this page.

Your use of this site constitutes your agreement to the Terms and Conditions

2. DISCLAIMER
2.1 THIRD PARTIES

Pelican Airlines does not have control over the acts of third parties and cannot be liable for the content of any linked web site or any information provided by, or based on information obtained from, third parties. Pelican Airlines make no representation as to the accuracy, legality or completeness of information provided by third parties

Your decision to link to a third party website is entirely at your own risk.

2.2 ONLINE MERCHANT

Pelican Airlines has engaged Commonwealth Bank of Australia (ABN 48 123 123 124) for the provision of its payment gateway solution. This online merchant is located in Australia.

3. USE OF THIS WEBSITE

When you access this website, you agree that you do so on the following conditions:

    • you must not use this website or any of the material contained on it for any purpose which is unlawful, prohibited under these Terms and Conditions, or which violates any right (including copyright) of Pelican Airlines or any third party;
    • you may print or save a local copy of material posted on this website for your own personal use, but you must not reproduce, duplicate, copy, adapt, perform in public, transmit in any form by any process or otherwise exploit any part of this website for any commercial purpose;
    • you must not post or transmit, and you must not encourage any person to post or transmit to this website any;
      • illegal, threatening, abusive, defamatory, obscene, pornographic or indecent information material of any kind;
      • any material in contempt of any court or parliament;
      • any material which contains a virus;
      • any material which breaches any laws relating to a person's right to privacy or the export of personal data;
      • information which is incorrect or misleading;
    • you must take your own precautions to ensure that whatever you access from this website is free of viruses or anything else that may interfere with your or any third parties' computer system.

Pelican Airlines may refuse access or edit or delete material posted by you in contravention of these conditions.

4. WARRANTIES

All information on this website is subject to change without notice and is provided "as is" without express or implied warranty of any kind. Pelican Airlines make no representations about the content and suitability for any purpose of the information contained on this website.

To the full extent permissible by law, Pelican Airlines disclaim all warranties with regard to information or other material on this website, including all implied warranties as to merchantability or fitness for use. Pelican Airlines are not liable for any damages whatsoever including any special, indirect or consequential damages resulting from loss of use, business, data or profits or interference with or damage to your computer systems, whether in an action in contract, negligence or other tortious actions, arising out of or in connection with access to this website or the information contained in it. Pelican Airlines do not warrant that the website will be uninterrupted or error-free.

You must seek independent advice before acting on any material or information contained in this website 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 this website.

5. 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 Pelican Airlines. 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 sites via such media.

6. PRIVACY

Pelican Airlines will comply with the terms of the Pelican Airlines Privacy Policy, as amended from time to time.

7. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

All information, material, text, graphics, logos, trademarks and other material (collectively referred to as Contents) on this website are the property of Pelican Airlines and such Contents are protected under Australian laws and through international treaties.

Use of this website 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 Pelican Airlines. All rights are reserved.

8. OUTAGES

Pelican Airlines reserve the right to cease, interrupt or withdraw access to this website for any reason, including without limitation, for upgrades and maintenance of the website.

9. LIMITATION OF LIABILITY

Liability in relation to breach of the statutory warranties and conditions as defined in the Trade Practices Act 1974 (Cth) is limited, to the fullest extent permissible by law, at the option of Pelican Airlines, to:

    • re-supplying of the services;
    • the repair of the goods; or
    • payment of the cost of having the services supplied again.
10. ASSIGNMENT

Pelican Airlines 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.

11. ENTIRE AGREEMENT

These Terms and Conditions, including the documentation referred to within it, are the entire agreement between you and Pelican Airlines with respect to your use of this website. There are no other terms, conditions, understanding, warranties or representations, whether express or implied, made by or agreed between, you and Pelican Airlines.

12. SEVERABILITY

If any provision of these Terms and Conditions 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 and Conditions 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.

13. GOVERNING LAW

These Terms and Conditions will be governed by the Laws of New South Wales, Australia and you submit to the 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 and Conditions or this website. You are responsible for compliance with all laws and regulations applicable to you in your location.

This page last updated 26-06-2015