TERMS OF USE

The Transworld website located at domains www.transworldgroup.biz, www.transworldgroup.co.uk and www.transworldgroup.com.au ("Transworld Website") are operated by the Transworld Group ("we", "us", "our" or "Transworld", which expressions shall as the context permits mean Transworld Corporation Limited and its associated or related companies). Your access to and use of the Transworld Website content and services, including the online services which we introduce from time to time ("Services") is subject to these terms, the Transworld Privacy Statement, the Transworld Copyright and Trade Mark Notice and any other terms contained on this website ("Terms of Use").
1 What you must do
1.1 Under these Terms of Use, we offer you the ability to register your personal details and log on to a secure part of the Transworld Website by your personal username and password, as set by Transworld ("Subscriber ID") to access confidential information and material pertinent to our registered interest, subject to and upon the terms of confidentiality as prescribed upon your logon. In entering into the Terms of Use, you are undertaking to use the Transworld Website and the Services in a responsible manner in accordance with these Terms of Use and conditions of confidentiality as so provided.
1.2 If you are under 18 years of age, you must obtain a parent/guardian's consent prior to using the Transworld Website or the Services. If you are an employee of a company or other entity and are acting in that capacity, you must be authorised and have legal capacity to enter into these Terms of Use on behalf of your employer (the "Company") and you must only use the Subscriber ID to log onto the secure part of the website to access information and materials with regard to Transworld or the Services.
1.3 You acknowledge that the Subscriber ID is issued to you for the purposes of accessing the secure part of the Transworld Website and for authorising instructions or requests for use of the Services. Any other use of your Subscriber ID is strictly prohibited. You and your Company (if applicable) are solely responsible for all instructions or requests authorised by use of your Subscriber ID. Transworld is entitled to rely on your Subscriber ID as conclusive evidence of your identity and authority without further investigation. You and your Company (if applicable) are solely responsible for any loss caused by use of your ID by you or any other person.
2 What you must not do
2.1 You must not:
(a) use the Transworld Website or the Services for any activities or post or transmit to or via the Transworld Website or the Services any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;
(b) use the Transworld Website or the Services in a way or post to or transmit to or via the Transworld Website or the Services any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from the use or enjoyment of the Transworld Website or the Services;
(c) use the Transworld Website or the Services to send unsolicited electronic mail messages to anyone;
(d) make any fraudulent or speculative enquiries, bookings, reservations, representations or requests using the Transworld Website or the Services;
(e) use another's name or Subscriber ID without permission from that person;
(f) post, or transmit via the Transworld Website or the Services, any obscene, indecent, inflammatory, pornographic, illicit or unlawful material or material that could give rise to civil or criminal proceedings;
(g) tamper with, hinder the operation of or make unauthorised modifications to the Transworld Website or the Services;
(h) knowingly transmit any virus or other disabling feature to the Transworld Website or the Services; and
(i) attempt any of the above acts or permit another person to do any of the above acts.
3 Third Party Content
3.1 On the Transworld Website any links to, reference to, or information relating to, or mention of third party products, services, and information are not provided or endorsed by us and no specific legal relationship is inferred or implied with any third party unless expressly stated by us.
3.2 We have not checked the accuracy or completeness of the information, products, or services made available at any third party website. You must make your own enquiries with the relevant third party directly before relying on any the third party information or entering into a transaction or agreement in relation to any other party via the Transworld Website or the Services. You should check with the third party whether there are additional charges and terms which may apply.
4 Prices and products and services are subject to change
4.1 All prices displayed and products and services offered to be supplied on the Transworld Website are subject to change without notice.
5 Security
5.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the Transworld Website or the Services servers. We are not responsible for any information you may lose if the Transworld Website or the Services servers terminate your browser session due to prolonged periods of inactivity between your browser and the Transworld Website or the Services servers.
5.2 You must comply with all directions issued by Transworld pertaining to the use of your Subscriber ID and access to the Transworld Website or the Services. You (or your Company) will be responsible for providing the computer, hardware, software and all other equipment necessary to access the Internet and you must not send or disclose your Subscriber ID to any other person or entity or store it in a manner that would reasonably allow another person or entity to obtain access to the Subscriber ID, except as specified in clause 5.3 below. If you choose to use a workplace email address to access the Services, you are responsible for ensuring that such use complies with any rules, policies, or protocols which apply to the use of the Internet in your workplace.
5.3 You must not keep your Subscriber ID in any form, whether encoded or un-encoded, in a location where it is capable of being copied or used by any person or disclose your Subscriber ID to any other person, other than:
(a) yourself, in the case of a Member who is acting as an individual on behalf of themselves; or
(b) another employee of your Company, in the case of a Member who is acting as an authorised representative of a Company, provided that such other employee agrees to be bound by these Terms of Use, and in all cases, you must keep any computer on which the Subscriber ID is stored physically secure and take all necessary precautions (including, without limitation, when downloading and running third party programs off the Internet) to protect any computer from viruses or programs which might make the Subscriber ID on the computer accessible to third parties.
5.4 You must immediately notify Transworld if you become aware:
(a) that your Subscriber ID has been compromised or is known to a third party; or
(b) of any unauthorised use of your Subscriber ID; so we can take steps within our control to deactivate the Subscriber ID and issue you with a new Subscriber ID within a reasonable time of being so notified. Notice provided by you under this clause does not release you from your responsibilities under this agreement.
5.5 Transworld does not guarantee:
(a) the security of the Services or any systems (including the Internet and the Customer's hardware and software) used in accessing the Services, or any information passed through such systems; or,
(b) access to the Services or any systems used in accessing the Services will be continuous, uninterrupted, virus or error free.
6 Privacy
6.1 You expressly understand and agree that under these Terms of Use, Transworld may provide personal information about you as part of the Services which is the subject of the Data Protection Act 1998 (UK) or similar legislation in other jurisdictions in where such personal information is generated or held. As a result, you must not disclose or permit the disclosure of your Subscriber ID to any other person as this may result in your privacy being breached and/or compromised. You further expressly understand and agree that Transworld is entitled to assume that all use of your Subscriber ID is by you, unless and until Transworld receives notification from you of a compromise of your Subscriber ID and has a reasonable time to deactivate your Subscriber ID. Transworld will comply with its Privacy Policy located on the Transworld Website in dealing with any disclosure of your personal data associated with your use of the Services. You must not breach or compromise and/or permit a breach or compromise of any other person's privacy in using the Services, including without limitation using another person's Subscriber ID.
7 Customer Communications
7.1 You acknowledge that where the Services require Transworld to email you, the following will apply:
(a) Transworld will address and send emails to you to the email address provided by you; you are solely responsible for ensuring that your contact details for the Services are current (including email address), your email service is operational and that you check your emails regularly;
(b) you must notify Transworld of any changes to your Services details using the online method provided by Transworld as soon as possible;
(c) if Transworld sends an email to your current email address as listed in your Services contact details, you are deemed to have received that email and Transworld is not obliged to take any further action to confirm that you have received, opened and/or read the email unless you promptly notify Transworld and demonstrate that the email was not delivered to your email address;
(d) if Transworld receives an automated email non-delivery notification indicating you have not received the email that Transworld has sent you containing or regarding an order for a Service, Transworld will use reasonable endeavours to attempt to contact you using the other contact details that you submitted in your Services contact details, including non-electronic means, but does not guarantee that Transworld will be able to contact you.
8 Indemnity
8.1 You indemnify Transworld its officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of the Transworld Website or the Services in contract, tort (including negligence) and other theory of law, by you or someone using your name and password.
9 Disclaimer and limitation of liability
9.1 To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be liable in any way in contract or tort (including for negligence) or other theory of law, for any loss, damage, costs or expenses suffered by you or claims made against you through the use of the Transworld Website or the Services, any failure to provide the Transworld Website or the Services, including a messaging service, or in connection with any products, services or information supplied, offered to be supplied or advertised via the Transworld Website or the Services.
9.2 To the extent permitted by law, all warranties, conditions and representations about Transworld (including without limitation) those appearing on the Transworld Website, the Services, the availability and uninterrupted access and use of the Transworld Website or the Services, the products and services advertised, offered to be supplied or supplied via the Transworld Website or the Services and the information provided on the Transworld Website or the Services are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to Services: (i) the supply of the Services again; (ii) the payment of the cost of having the Services supplied again.
9.3 You expressly understand and agree that you have not relied on any representation, warranty or undertaking made by Transworld which has not been stated expressly in these Terms of Use. Transworld expressly reserves all of its rights and in its sole discretion may change these Terms of Use and any other information relating to the Services, including prices, at any time and your subsequent use of your Subscriber ID will be governed by the varied Terms of Use. Without limiting the generality of the foregoing, Transworld’s ability to give notice by any other means, you expressly understand and agree that you will deemed to have:
(a) received adequate notice of such changes where Transworld places a notice on the Transworld Website (including without limitation) the homepage of your secure part of the Transworld Website as accessed by your Subscriber ID, setting out such changes; and
(b) agreed to such changes the next time you have used your Subscriber ID to log onto the secure part of the Transworld Website where publication of the relevant notice has been made therein on your homepage.
10 Use of your information and material
10.1 When you send us any feedback, suggestions, ideas, or other materials in relation to or via the Transworld Website or the Services, you agree that we can use, reproduce, publish, modify, adapt, and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
11 Taxes & Levies
11.1 If any VAT, GST, State or Federal tax or levy (“Tax”) is imposed on any supply made by us through the Transworld Website or the Services, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing Tax rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
12 Changes
12.1 We may vary any of these Terms of Use at any time and any other information relating to the Services, at any time and your subsequent use of the Subscriber ID will be governed by the varied Terms of Use. Without limiting Transworld’s ability to give notice by any other means, you will be deemed to have:
(a) received adequate notice of such changes where Transworld places a notice on the Transworld Website advising that these Terms of Use have been changed; and
(b) accepted the changes to these Terms of Use and agreed to be bound by the revised Terms of Use if you continue to use the Subscriber ID to access the Services after the date that notification of changes on the Transworld Website is posted.
13 Termination
13.1 If, in Transworld’s reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to the Transworld Website or the Services and terminate the Terms of Use effective immediately. We reserve the right to cancel your Subscriber ID at any time without notice and/or to discontinue one or more of the Services at any time for any reason. Any withdrawal by Transworld of the Services will not affect the validity or operation of any contract governing the Services.
14. General Matters
14.1 This agreement is governed by the law in force in the United Kingdom, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of United Kingdom and courts of appeal from them for determining any dispute concerning this agreement.
14.2 If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
14.3 If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
14.4 You may not assign or transfer your rights or benefits under these Terms of Use to any other person or entity without the prior written consent of Transworld.
© Transworld Group 2006-2008. All rights generally reserved