Our Terms & Conditions

These Terms of Use (“Terms”) are between you (“you”) and Magic Tours International Pty Ltd and controls your use of the iFly Travel Affiliate Program website, including but not limited to: (the “Site”).

Changes to these terms

We may revise or update these Terms from time to time. All changes are effective as soon as they are posted. Your continued use of the Site following the posting of revised Terms constitutes your acceptance and agreement to be bound by the revised Terms. These Terms are current as of the date listed at the top of the page.

Collection and use of your information

All information we collect through or in connection with this Site is subject to our Privacy Statement and you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy

Intellectual property

All information, artwork, text, video, audio, media files and images displayed on or contained within the Site (collectively, the “Content”) are the property of Magic Tours International Pty Ltd or its third-party licensors. Magic Tours International Pty Ltd, or its third-party licensors, as applicable, retain all right, title and interest in and to the Content and all intellectual property rights related thereto. You do not have, nor does your use of the Site give you, any ownership interest in the Content or the Site.

The Site and the Content are protected by Australian and/or international intellectual property and/or proprietary rights laws, which may include copyright, trademark, patent or trade secret rights. You may use the Site solely for your personal or internal business use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell the Site or any Content.

All brands, names, logos, product and service names, designs and slogans incorporated into the Site (collectively the “iFly Travel Marks”) are owned by Magic Tours International, its affiliates or its licensors. You may not use the iFly Travel Marks without Magic Tours International Pty Ltd’s prior written permission.

Links to third-party sites

The Site may provide links to third-party websites or other websites of iFly Travel’s affiliates or related companies (“Unrelated Sites”). These links are provided solely as a convenience to you, and these Terms do not control the Unrelated Sites. Your access, reliance on and use of these links and any Unrelated Sites is entirely at your own risk and is subject to such Unrelated Sites’ terms and conditions. Magic Tours International Pty Ltd is not responsible for, and will not have any liability or responsibility to you, for the content on, or your use of, any third-party website. Our inclusion of hyperlinks to Unrelated Sites does not imply any endorsement of such sites or the material found on them.

Site standards

You agree to comply with all applicable federal, state, local and international laws and regulations when using the Site. Additionally, you may not, without our express written, prior permission: (a) access, monitor or copy any content or information on the Site using any robot, spider, scraper or other automated means or any manual process for any purpose; (b) violate the restrictions in any robot exclusion headers on Site or bypass or circumvent other measures employed to prevent or limit access to Site; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (d) deep-link to any portion of Site for any purpose; or (e) “frame”, “mirror” or otherwise incorporate any part of the Site into any other website (each of the preceding, a “Prohibited Use”).

Account security

As a condition of your use of the Site, You agree that (a) You are responsible for maintaining the confidentiality of Your account and password; (b) You may not use anyone else’s account at any time to access the Site; (c) You must notify the Site immediately if You detect any unauthorized use of Your account; and (d) You are responsible for all activities that occur using Your account.

Response to violations

Magic Tours International Pty Ltd reserves the right to take any action we determine is necessary if we believe that your use of the Site violates these Terms, infringes the rights of any person or entity, threatens the personal safety of any person or entity, is a Prohibited Use, or could create liability for Magic Tours International Pty Ltd. Any such action by Magic Tours International Pty Ltd does not limit our rights or remedies at law or in equity.

Disclaimer of warranties and limits on liability

The site is provided “as is” with all faults and defects and without warranty of any kind, whether express or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Magic Tours International Pty Ltd makes no representation of any kind that the site will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or site, operate without interruption, meet any performance or reliability standards or be error free, that any errors or defects can or will be corrected, that the information therein will be suitable for your needs, or that the site is free of viruses or other harmful components. Magic Tours International Pty Ltd may make improvements and/or changes to the site at any time. The inclusion of any particular product or service on the site does not constitute any endorsement or recommendation of such products or service by Magic Tours International Pty Ltd.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

In no event shall Magic Tours International Pty Ltd be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, or use of the site or with any delay or inability to access, display or use the site, including our investigation of your use of the site, whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if Magic Tours International Pty Ltd has been advised of the possibility of such damages.

If, despite the limitation above, Magic Tours International Pty Ltd is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described above, then the liability of Magic Tours International Pty Ltd will in no event exceed, in the aggregate, the greater of (a) the fees (if any) you paid to Magic Tours International Pty Ltd for access to the Site, or (b) One-Hundred Dollars (AU$100.00).

The limitation of liability reflects the allocation of risk between the parties, and Magic Tours International Pty Ltd would be unwilling to make the Site available to you without such limitations. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed its essential purpose. The limitations of liability provided in these terms inure to the benefit of Magic Tours International Pty Ltd.

Indemnification

You agree to indemnify, defend and hold harmless Magic Tours International Pty Ltd, its affiliates and their officers, directors, employees, agents, affiliates, successors and assigns from and against any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees resulting from your: (a) breach of these Terms; (b) violation of any law or the rights of a third party; or (c) use of the Site or any of the Contents.

Feedback

We appreciate hearing from you. Please be aware that by submitting suggestions, comments or other feedback related to the Site or Content (collectively, “Submissions”), you hereby assign to Magic Tours International Pty Ltd all your worldwide right, title and interest in and to all Submissions, even if you have designated such Submissions as confidential. You agree to promptly provide assistance as may, in Magic Tours International Pty Ltd’s opinion, be necessary to document, perfect and maintain Magic Tours International Pty Ltd’s rights in the Submissions. Furthermore, you shall ensure that the Submissions shall not infringe any right of any third party. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

General terms

You agree that no joint venture, company partnership, or employment relationship exists between you and Magic Tours International Pty Ltd as a result of these Terms or use of this Site. Our performance of these Terms are subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Site or information provided to or gathered by us with respect to such use.

If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

These Terms (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Magic Tours International Pty Ltd, with respect to this Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned on this Site are not intended to represent any real individual, company, product, or event.

You acknowledge that irreparable harm would result in the event of breach by you of these Terms and that monetary damages in such event could be inadequate to compensate Magic Tours International Pty Ltd. Consequently, in the event of breach of any of these Terms, Magic Tours International Pty Ltd is entitled, in addition to such monetary relief as may be recoverable, to such temporary, preliminary and/or permanent injunctive relief as may be necessary to restrain any continuing or further breach of these Terms, without showing or proving any actual damages or posting a bond or comparable security. Any rights not expressly granted herein are reserved.

Notices, questions or concerns.

All other comments, requests for technical support and other communications relating to the Site should be directed to our Contact Us page: https://iflytravelaffiliate.com.au/contact-us/

iFly is a part of the Magic Tours International travel brands who have been in the travel industry in Australia since 1992.

Magic Tours International Pty Ltd – IATA No: 0236 1424, ABN: 74 071 920 360, ATAS No: A11315, AFTA No: 10075