TERMS AND CONDITIONS AND SERVICE LEVEL AGREEMENT FOR MAGNETIC SOUTH WEBSITE AND ADVANCED SEARCH/ITINERARY APPLICATION ("Magnetic South Online")

1. Background:  The Magnetic South website ("Site") is a web based booking system through which on-request and instant/real time booking availability for future travel is provided for registered clients of Magnetic South  Limited ("Magnetic South") .

2. Use: Magnetic South has agreed to give you, ("the User") access to the Site solely for your personal use in determining pricing and availability for selected New Zealand, Australian and South Pacific accomodation and associated travel related products ("Travel") and to book Travel from the various providers ("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.

3. Site Availability and Support: Magnetic South 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.  Magnetic South 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. Magnetic South warrants that the system will be supported by a technical support team during normal New Zealand business hours, comprising Monday to Friday, 8am to 5.30pm.

4. Property and Restrictions on Use:  Magnetic South owns the Site (including all copyright and intellectual property in it) and along with various travel and leisure service and information Providers referred to on this Site owns, 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 the property of Magnetic South, House of Travel Holdings Limited, Travelplan Holidays Limited, or belong to Providers.  Your use of and access to this Site does not grant you any right to use any of the Marks. 

5. Bookings:  The User is fully liable for any bookings made by it or with its apparent authority through  Magnetic South Online and Magnetic South shall be entitled to rely on the making of a booking as evidence that the booking is authorised by the User. Any errors in booking details are the sole responsibility of the User.  All bookings shall be vouchered, invoiced or ticketed without further reference to the User.

6. Magnetic South Agent only: Magnetic South is an agent only in respect of travel bookings made through the Site.  The Travel arrangements are subject to the Providers regulations and conditions.  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

7. Termination:  The User may terminate  its access to Magnetic South Online at any time by giving 30 days written notice to Magnetic South.  Magnetic South shall have the right in its sole discretion to immediately terminate access without notice to the User.  In the event of termination, the User shall immediately cease to use the Site.

8. Responsibility for Confidentially of Account Information:  To enable access to the Site, Magnetic South shall provide to the User, log-in IDs and passwords for the employees of the User whom the User requires to access the Site as part of their employment.  The User is responsible for ensuring its employees maintain the confidentiality of your log-in IDs and passwords which have been provided to them and shall advise Magnetic South when an employee leaves so the log-in ID and password can be cancelled.  The User shall be liable for all activity that occurs on this Site, and indemnifies Magnetic South against any loss or damage suffered or claim made where access is obtained using a log-in ID and password issued to its employees regardless of the circumstances.  If the User has any concerns that the security of a log-in ID and  password may have been compromised, it should immediately have the password changed.

9. User Profiles:  Magnetic South will customise the Site to the reasonable personal requirements of the User adding the User's name and/or trademark(s) where such customisation is possible.

10. Disclaimer: The User has relied upon its own skill and judgement in deciding to use the Site.  In particular but without limitation, Magnetic South makes no warranty:

(i) That the services and materials provided pursuant to this agreement will be uninterrupted, timely, secure, or error-free;
(ii) As to the accuracy of the content of any material or promotion supplied by or derived from Providers;
(iii) As to the Travel whatsoever, and all services and products supplied by the Providers are available on an "as is" basis

and therefore accepts no liability for any loss or damage incurred by the User.

If for any reason Magnetic South is found to be liable for any of the matters set out in clauses  10 (i)-(iii) above, or for any other breach of this agreement then in no event shall Magnetic South be liable to the User or any third party for any special, punitive, incidental, indirect or consequential damages of any kind

11 . Virus Protection: The User will take all reasonable steps to ensure that no virus is transmitted to Magnetic South by its use of the Site.  The User agrees to maintain an anti-virus program at all times during the currency of this agreement. 

12 . Force Majeure:  Neither party is in breach of this agreement if its breach is caused by an act of God, fire, act of government or state, war, civil unrest, embargo, failure or withdrawal of goods or services supplied by a third party, labour disputes of whatever nature and any other reason beyond the control of either party.

13 . Law:  The Law of New Zealand shall exclusively apply to these Terms and Conditions and the User's use of Magnetic South Online.

14 . Privacy:  Any personal information disclosed to us will be treated in accordance with the provisions of the Privacy Act 1993 so far as we are in control of the same except that it may be supplied to Providers.  We provide no warranty as to the policies of Providers.  If you wish to consider the Privacy Policies of any Provider, you should request such information from them.

15 . Alteration and Amendment: Magnetic South may make changes to the Site materials and services at any time without notice.

16 . Acceptance:  The User hereby acknowledges that it has read this agreement, fully understands it, and agrees to be bound by these terms and conditions.