AIRSYNE TERMS AND CONDITIONS
These are our terms and conditions. They’ve been written by our lawyers so they sound very ...legal. Basically they’re written to protect you and us from any weird stuff. Enjoy reading them.
2. These Terms govern you, the person, organisation or entity that accesses and/or uses our Platform (referred to as “you”, “your” and “users”), and form a contract between you and us.
3. We may at any time change these Terms. Changes will take immediate effect and may affect your ability to use the Platform. We will endeavour to notify you of any material change prior to the date such change comes into effect by email to the email address you provided when creating your Account, however it is your responsibility to check if there have been any changes to these Terms each time you use the Platform. Your use of the Platform following the posting of any changes to these Terms constitutes your acceptance of those changes.
4. If you have any questions, please contact us using the contact details below. Your use of the Platform indicates that you have had sufficient opportunity to access these Terms and that you have read and accepted these Terms. You should immediately cease accessing and using the Platform if you do not accept these Terms.
5. The Platform is designed for use by people aged 13 years and over. Users under the age of 13 years may only use the Platform with the consent of a parent or legal guardian. We reserve the right to refuse registration from individuals under 18 years of age or, in any event, to seek further information from you to verify your eligibility to use the Platform.
6. You need to register a user account to access and browse the Platform. If you do not register an account, you are unable to access the full functionality of the services. However, you may choose to register an account with this Platform, which you may do through Facebook, email, Google, or other account services as we may make available from time to time (“Account”).
7. If you choose to register an Account, without limiting the registration details we may require, you acknowledge that we may require you to provide us with:
a. a personal or company profile;
b. an email address;
c. the details of a valid card and/or bank account; and
d. verification of your address details.
8. We reserve the right to refuse or cancel registration of an Account for any reason in our sole discretion.
9. All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the Platform. You may never use another person’s Account without their permission.
10. You are responsible for maintaining the strict confidentiality of your Account details and for controlling access to and use of your Account, and any activity under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
DESCRIPTION OF THE PLATFORM
11. As part of the Platform, we provide you with a suite of tools that allows users to create, place, share, upload and view content in augmented reality.
12. You can see where content is located, follow and create public or private threads, and be alerted to new content as it appears.
13. We may show you ads, offers, and other sponsored content to help you discover content, products, and services.
14. Users are able to upload posts of any deals they find (including photo upload, website links).
15. Users can review, share, post and comment on content.
16. The Platform also contains a desktop portal for organisations to place content on the Platform to connect with its customers based on geolocation.
11 to 16 together the services.
THIRD PARTY LINKS
17. The Platform contains a mixture of community generated and sponsored content, including deals. The deals may include links from advertisers on websites not maintained by us (“Linked Platforms”). We also may use formatted links for which we receive a commission from the affiliated third party for any resulting sales (“Affiliate Links”).
18. The Platform will also provide links to other web Platforms belonging to AirSyne’s advertisers and other third parties.
19. AirSyne does not endorse, warrant or guarantee any deals, products or services available on the Platform, whether or not sponsored or community generated, and AirSyne is not responsible for the content of any Linked Platforms. AirSyne does not in any way endorse any Linked Platforms or Affiliate Links, and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Platforms. To the extent that these Linked Platforms or Affiliate Links collect personal information from you, we encourage you to review the privacy policies of those third parties, and we shall bear no responsibility or liability for the manner in which such information is used.
20. The Platform may utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Platform.
YOUR USE OF THE PLATFORM
21. This Platform includes content, information and materials uploaded by other users of the Platform. This information, including any content or reviews submitted by users, have not been verified or approved by us. The views expressed by other users on the Platform do not represent our views or values.
22. You acknowledge that we do not guarantee the availability of any deals that may be displayed on our Platform, and any content displayed on it will always be available or uninterrupted. We may permanently or temporarily terminate, suspend, withdraw or restrict the availability of all or any part of our Platform without notice and liability, for any reason.
23. You must not engage in crawling, scraping, caching or otherwise accessing any content on the Platform via automated means.
24. You agree that AirSyne may use your feedback, suggestions, or ideas in any way, including in future modifications of the service, other products or services, advertising or marketing materials. You grant AirSyne a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to AirSyne in any way.
25. You agree that we are not responsible for, and do not endorse, any content, deals, reviews or comments posted on the Platform by a user. We do not have any obligation to moderate, monitor, edit, approve or remove any such content. If your content violates these Terms, you bear legal responsibility for that content.
26. Nothing in these Terms is intended nor does create a partnership, agency, employment or fiduciary relationship between AirSyne and any user.
27. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, revocable and non-transferable licence to access and use the Platform in the manner specified in these Terms. Any cost associated with accessing and using the Platform generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Platform and meets all relevant technical specifications necessary to obtain the benefit of the Platform.
28. You represent, warrant, and agree that you will not contribute any content or otherwise use the Platform or interact with the Platform in a manner that:
a. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
b. is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
c. parodies, disparages or makes fun of AirSyne or its products or services or AirSyne generally in any way;
d. solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names or email addresses;
e. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
f. involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
g. infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity. A violation of any of the foregoing is grounds for termination of your right to use or access the Platform.
29.If you wish to complain about information and materials uploaded by other users please contact us.
30. Copyright and intellectual property rights: The Platform contains material which is owned by or licensed to AirSyne and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, appearance, layout and look of the Platform. AirSyne own the copyright which subsists in all creative and literary works displayed on the Platform. You agree that, as between you and AirSyne, AirSyne own all intellectual property rights in the Platform, and that nothing in these Terms constitutes a transfer of any intellectual property rights. Your use of the Platform does not grant you a licence to, or act as a right to, use any of the intellectual property, whether registered or unregistered, displayed on the Platform without the express written permission of the owner.
31. You must not breach any copyright or intellectual property rights connected with the Platform. This includes but is not limited to:
a. altering or modifying any of the code or the material on the Platform;
b. causing any of the material on the Platform to be framed or embedded in another website;
c. creating derivative works from the content of the Platform; or
d. using the Platform for commercial purposes.
32. Republishing: you may republish, copy, distribute, transmit, or publicly display (in hard copy, soft copy or online) material on the Platform on the following grounds:
a. you must make no alterations to the material;
b. you must attribute the material to our Platform, including linking back to our Platform where possible;
c. you must not use the material for commercial gain; and
d. you must not do so in a way that could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy, or that would bring us, or the Platform, into disrepute.
33. Your content: If you choose to add any content on the Platform, you:
a. warrant to AirSyne that you have all necessary rights to post the content;
b. grant AirSyne a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content (including any and all logos and trademarks) in any way (including but not limited to, by reproducing, changing, and communicating the content to the public) and permit AirSyne to authorise any other person to do the same thing; and
c. you consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must ensure that the third-party consents in the same manner.
RESERVATION OF RIGHTS
35. AirSyne reserve the right to amend or delete any and all of your content and to block any user, if AirSyne believe that there is a violation of these Terms, or for any other reason, at AirSyne’s sole discretion.
LIMITATION OF LIABILITY
36. You agree that you use the Platform at your own risk and that AirSyne disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Platform. To the maximum extent permitted by law (but subject to paragraph 37):
a. the Platform content and AirSyne content and any other features or functions associated with the Platform are provided "as is" and "as available" and without warranties, express or implied, including but not limited to implied warranties of merchantability and/or fitness for a particular purpose;
b. AirSyne do not warrant that your access to the Platform will be error free, that any defects will be corrected, that the Platform or the server which stores and transmits material to you are free of viruses or any other harmful components, or that the Platform will operate on a continuous basis or be available at any time;
c. In no circumstances will AirSyne be liable in any way for any content on the Platform, including but not limited to any trade marks, logos or other content uploaded by users to the Platform, or any errors or omissions in such content or any loss or damage of any kind incurred as a result of any use of content posted, transmitted or otherwise made available via the Platform;
d. any content that contain deals are made subject to the terms and conditions of any third party Linked Platform, for which you are solely responsible for reviewing, and you understand we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available in connection with any deals and we do not accept any liability in relation to your reliance on such information, advice or other content; and
e. we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Platform.
37. Nothing in these Terms excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act 2010 (Cth) and fair trading laws. There are statutory guarantees under consumer protection laws that cannot be excluded. To the extent that any statutory guarantees apply to these Terms, we limit our liability to the maximum extent permitted by law, at our election, to the supply of our services again or the payment of the cost of having our services supplied again.
38. Indemnity: By using the Platform, you agree to defend and fully indemnify and hold AirSyne (and AirSyne’s officers, directors, employees, contractors and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to:
a. your use of or access to the Platform;
b. any breach by you of these Terms; or
c. any wilful, unlawful or negligent act or omission by you.
39. This indemnification obligation will survive these Terms and your use of the Platform. These Terms, and any rights and licences granted hereunder, may not be transferred or assigned by you, but may be assigned by AirSyne without restriction.
40. You may only use the Platform for lawful purposes and in a manner consistent with the nature and purpose of the Platform. By using the Platform, you agree that the exclusions and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable you must not use the Platform. AirSyne reserve the right to remove any and all content found to be in breach of intellectual property rights, including without limitation copyright, or which in AirSyne’s opinion is deemed inappropriate and/or illegal. If you breach these Terms, AirSyne reserve the right to block you from the Platform and to enforce their rights against you. If AirSyne do not act in relation to a breach of these Terms by you, this does not waive AirSyne’s rights to act with respect to subsequent or similar breaches of these Terms by you. All rights not expressly granted in these Terms are reserved.
EXCLUSION OF COMPETITORS
41. You are prohibited from using the Platform, including any information and content, in any way that competes with AirSyne’s business. If you breach this term, AirSyne will hold you responsible for any loss that AirSyne may sustain, and hold you accountable for any profits that you may make from non-permitted use. AirSyne reserve the right to exclude any person from using the Platform and Information, at AirSyne’s sole discretion.
42. If any provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the provision will not apply in that jurisdiction and is deemed not to have been included in these Terms in that jurisdiction. This will not affect the remainder of these Terms, which continue in full force and effect.
43. Each party must, at its own expense, do everything reasonably necessary to give full effect to these Terms and the events contemplated by them.
44. These Terms are effective until terminated by AirSyne, which AirSyne may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in the Terms will survive.
45. You agree to use your best endeavours to use mediation and negotiation to resolve any dispute arising out of or relating to these Terms, prior to resorting to an external dispute resolution process. Please notify AirSyne in writing of any dispute you may have.
46.These Terms are governed by the laws of New South Wales and the Commonwealth of Australia and subject to the jurisdiction of the courts operating in New South Wales. The Platform may be accessed throughout Australia and overseas. AirSyne make no representation that the Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Platform.