Terms and Conditions
The software known as “FlyFreely” and the website at www.flyfreely.io and its related services, products, tools and applications (“Software”) is owned and operated by DEC-UAV Pty Ltd ACN 164 625 156.
Your access to and use of the Software is subject to these Terms and Conditions and all other Policies. By accessing or using the Software, You are deemed to agree to these Terms and Conditions and all Policies.
We may amend these Terms and Conditions or any Policy at any time at Our discretion. Please review the Terms and Conditions and Our Policies periodically as Your continued use of the Software deems You agree to any changes made. All amended Terms and Conditions and Policies shall automatically be effective from the time and date of appearance on Our Software (unless otherwise stated in the Terms and Conditions or Policy). If You do not agree with such changes, You must cease to use the Software immediately.
1. Definitions and Interpretation
In these Terms and Conditions unless inconsistent with the context or subject matter:
In these Terms and Conditions, unless inconsistent with the context or subject matter:
2. Software Function
2.1 The Software is designed to allow Users to use the Services.
2.2 We do not warrant or guarantee:
3. User Eligibility
3.1 Access to the Software is only available to, and may only be used by, persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Software is not available to persons under 18 years of age. If You do not qualify, do not use the Software.
4.1 We grant to You a non-exclusive, non-assignable licence to use the Software to the extent paid or subscribed for and for business or personal use only and strictly in accordance with these Terms and Conditions.
4.2 You acknowledge and agree with Us that You will not, as a result of being granted a non-exclusive licence, acquire any rights (including without limitation intellectual property or other intangible rights) in the Software, Content or any part of it, other than the non-exclusive rights granted in accordance with these Terms and Conditions (if any).
4.3 In order to use the Software, You require the equipment and connections necessary to access the World Wide Web and Global Positioning System connections. You are responsible for:
4.4 We operate the Software in Australia. Content contained on the Software may not be appropriate or available for use in other locations. If You access the Software from other locations, You do so at Your own initiative and risk and You are solely responsible for compliance with local laws.
5. User Accounts
5.1 Each User must register to use the Software which will create an account with a username and password. This account will be Your account for use of the Software (“Your Account”).
5.2 You must not use false or misleading information in registering or using the Software and You must update Your details should they have changed from the last time You used the Software. We are not responsible for any Loss or damage which may occur because You have not provided up to date, accurate or complete information.
5.3 You must choose an individual username and password when registering Your Account. You are responsible for keeping Your username and password secure and confidential and We and any other User of the Software will assume that anyone using Your Account is authorised by You. Under no circumstances will unauthorised access and use of Your Account reduce Your liability in connection with the Software. This includes Your obligation to purchase an item which may result from use of Your Account.
5.4 You must notify Us immediately if You become aware of any unauthorised use of Your Account or other security breach which We may consider relevant.
5.5 You may request that Your Account be closed by emailing Us.
6.2 You acknowledge and agree that;
6.3 If You would like to review or modify any part of Your Personal Information, then You should contact Us.
6.4 By accessing or using the Services you acknowledge and agree that We also receive data from or about the computer, mobile phone, or other devices You use to access the Software. This may include network and communication information, such as Your IP address or mobile phone number, and without limitation, any other information about Your internet service, operating system, location, the type (including identifiers) of the device or browser You use, or the pages You visit.
7. Your Obligations
7.1 You must comply with all clauses of these Terms and Conditions and all Policies and all other terms and policies incorporated by reference.
7.2 You must also comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding Your use of the Software including without limitation, the Competition and Consumer Act 2010 (Cth), Civil Aviation Safety Regulations 1998 (Cth) and other relevant state-based aviation and fair-trading legislation.
7.3 Your use of the Software, and any User Information, must not:
7.4 You acknowledge and agree that You must not:
8.1 You acknowledge and agree that access to the Software is subject to payment of the required fee/s as notified by Us from time to time or as published in the Software.
8.2 Payment of all fees must be made in the time and manner directed by Us and subject to any specific billing and payment terms which may be agreed upon between the parties from time to time.
8.3 Where agreed by Us in writing in advance, payment for a User, or multiple Users, may be made by the User’s employer.
8.4 All fees are non-refundable.
8.5 If any fee applicable to a particular User’s access to the Software is not paid by the nominated due date:
8.6 Unless otherwise stated, all pricing for use of the Software is in Australian Dollars and exclusive of GST. GST will be payable in addition if it is payable on the supply under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
9. User Information
9.1 You are solely responsible for any User Information which You supply or upload, and You acknowledge and agree that We act as a passive conduit for any distribution and publication of Your User Information.
9.2 You are solely responsible for transmissions to Our Software when using Your Account or when the Software is accessed by someone using Your Account.
9.3 You grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all intellectual property or other rights in Your User Information in any media.
9.4 You acknowledge and agree that:
9.5 Without limiting any other clause of these Terms and Conditions or any Policy, You represent and warrant that Your User Information:
9.6 We may provide a packaged extract of User Information upon request of the User, as reasonably required and may, in Our absolute discretion, charge for time spent collating User Information of $100.00 per request.
9.7 Subject to this clauses 6, 9 and 21, You acknowledge and agree that We may publish Users on our website or in any other advertising medium, at Our sole discretion, representing you as a User and client, for the purposes of advancing our publicity and marketing of the Software or Services.
10. Software Content
10.1 The Software contains Content prepared by Us or by third parties at Our request which is of a general nature only.
10.2 The Content does not take into account Your needs, objectives or financial or training situation or provide You, Your employees or contractors or Your customers with advice of any nature.
10.3 The Software, all Content and any User Information is provided on the basis that the authors, publishers and Us are not engaged in providing, and do not provide, professional advice and services and nothing published by those authors, publishers and Us on or through the Software constitutes professional advice. Because of this You should, before acting on any Content or User Information, consider its appropriateness to Your personal circumstances, the circumstances of Your employees, contractors and customers and seek professional advice to determine if it is suitable.
10.4 The Software, Content and User Information is not and should not be used as a substitute for professional advice.
10.5 We are not responsible under any circumstances, including negligence, for any errors or omissions, or for the results obtained from the use of the Software, any Content or any User Information. In no event will We or Our Related Entities, officers, directors, agents, employees, consultants or contractors be liable to a User or any third party for any decision made or action taken or omission in reliance on the information in the Software, the Content or User Information or for any consequential, special or similar damages or other Loss, even if advised of the possibility of such damages.
10.6 The Software and all Content and User Information is provided with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of it, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose to the extent permitted by law. Given the changing nature of laws, rules and regulations, and the inherent hazards of electronic communication, there may be delays, omissions or inaccuracies in the Software.
10.7 We are not, and You confirm and acknowledge that We are not, a registered or formal training organisation for the purposes of delivery of the Services.
10.8 We have no control over, and do not ensure, guarantee or provide any warranty or indemnity in respect of the quality, legality, accuracy, completeness or otherwise of User Information.
10.9 Certain links in the Software may connect to other websites or applications owned and maintained by third parties over whom We have no control. We make no representations as to the accuracy or any other aspect of information contained in other websites or applications.
10.10 The Software may contain a number of links to other internet software which are operated by third parties. You acknowledge and agree that We are not responsible either directly or indirectly for any Loss caused by use of or reliance on linked software.
11. Nature of Aeronautical Information used as part of the Services
11.1 We provide Aeronautical Information as part of the Services, and this Aeronautical Information is provided by and synthesised from a number of third-party sources, including statutory governmental agencies. We make no representation or warranty in relation to the completeness, currency, or accuracy of this information.
11.2 The Aeronautical Information that forms part of the Services will vary by geographic region, governmental jurisdiction, and from time-to-time, the respective third-party providers will issue updates to their respective data sources, which may subsequently be incorporated into the Services, at Our sole discretion.
11.3 This Aeronautical Information is provided as part of the Services and is supplied on the same basis as the rest of the Services, as set out in these Terms and Conditions.
11.4 The User acknowledges that, Aeronautical Information is used as part of the Services and as such there may be additional provider-specific or jurisdiction-specific laws and regulations that apply. Notwithstanding that compliance with all laws, regulations and directions is Your responsibility, We may from time to time give specific notices about such matters, however are not obliged to do so to Users.
11.5 The following specific conditions of use and/or notices as they relate to the respective provider-specific or jurisdiction-specific Aeronautical Information used as part of the Services, form part of these Terms and Conditions.
(i) Airspace Information related to Australia is not approved under the Australian Civil Aviation Safety Regulation 1998 (Cth) Part 175 (CASA Part 175) and is advisory only and is not to be used for the purpose of air navigation.
(i) Airspace Information related to New Zealand is not approved under the Civil Aviation Rules 2015 Part 175 (CAR Part 175) and is advisory only and is not to be used for the purpose of air navigation.
12. Intellectual Property and Data
12.1 The Software, the Content and the Intellectual Property is protected by copyright and other proprietary rights and remains the property of Us.
12.2 You acknowledge and agree that You will not copy, reproduce, alter, modify, create derivative works, or publicly display the Software, Content or any part of it unless with the prior written permission from Us (which may be granted or withheld at our absolute discretion) and when doing so You must acknowledge Us and, in the case of software, include a link from Your software to Our Software.
12.3 We may at Our sole and absolute discretion refuse or remove any Content from the Software.
12.4 This clause survives termination of the Terms and Conditions.
13.1 You acknowledge and agree that these Terms and Conditions apply to any changes or updates to the Services or Software and any additional Services provided in the Software.
13.2 We reserve the right to discontinue any Services provided to You or made available to You through the use of the Software at any time.
14. General Maintenance and Technical Support
14.1 Access to the Software does not entitle You to any technical support, telephone assistance, or enhancements or updates to the Software. However, this does not prevent Us from offering such services at Our sole discretion.
14.2 We will endeavour to carry out any non-urgent support services, upgrades, updates, supplements, add on components, or other internet based services or components of the Software outside of usual business hours. We may provide reasonable notification of any anticipated downtime.
15.1 You will be in breach of these Terms and Conditions if:
15.2 On termination or expiry of these Terms and Conditions Your right to use the Software, Services and any Content shall cease.
15.3 The rights and remedies of a party are in addition to the rights or remedies conferred on the party at law or in equity.
16.1 We may immediately terminate the Terms and Conditions and/or Your access to or use of the Services and Software (or any part thereof) in the event of:
16.2 Without limiting other remedies available to Us at law, in equity or under these Terms and Conditions or any other Policy or otherwise, in We may, in Our sole discretion:
16.3 We shall have no liability to You whatsoever as a result of any action taken by us under clause 15 and/or clause 16, including no liability for Loss, including or any loss of data
16.4 In addition to any other rights either party may, by 1 months’ written notice to the other, terminate a User’s access to the Software and Services. Any amounts paid in advance may be refunded at Our discretion.
17. Effect of expiry or Termination
17.1 On expiry of a User’s access to the Software or termination:
17.2 Any rights which may have accrued to either party prior to expiry or termination shall be unaffected.
17.3 All rights contained in these Terms and Conditions which are capable of doing so shall survive the expiration or termination of these Terms and Conditions and the User’s use of the Software.
18. No Warranty and Disclaimers
18.1 Subject to any warranties under the Competition and Consumer Act 2010 (Cth) which are unable to be contracted out of, We provide the Software on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. To the extent permitted by law, We specifically disclaim any implied warranties including in relation to title, merchantability, fitness for a particular purpose and non-infringement. Furthermore, We do not guarantee continuous, uninterrupted or secure access to the Software, Content or User Information, and operation of Our Software may be interfered with by numerous factors outside Our control.
18.2 You warrant that You have not relied upon any representations, warranties or conditions offered or made by or on behalf of Us except to the extent expressly set out in these Terms and Conditions.
18.3 You acknowledge and agree that We make no representation or warranty, in respect of the Services, that a flight path approval requested through the Software or as part of the Services, will be granted, or processed within a specific time and you acknowledge that all Services are delivered at Our discretion.
18.4 No data transmission over the internet can be guaranteed as totally secure. Whilst We strive to protect Your information, We do not warrant and cannot guarantee the security of Your information which You transmit through the Software. Accordingly, Your information which You transmit through the Software is transmitted at Your own risk. We cannot guarantee that Your information remains solely in the hands of those recipients of that information or that those recipients comply with their confidentiality obligations as required under Our Policies, and We will not be responsible or liable for any Loss incurred by your or any third party in this regard. You must inform Us immediately of any breaches of security or unauthorised use of Your information.
19.1 In no event shall We or Our Related Entities, officers, directors, employees, agents, contractors or suppliers be liable for any Loss arising out of or in connection with:
19.2 You agree to accept sole responsibility for the legality of Your actions under the laws which apply to You. You agree that We and Our Related Entities, officers, directors, employees, agents, contractors and suppliers have no responsibility for the actions of You or other Users (including the legality of such actions).
19.3 Without limitation and notwithstanding any other provision of these Terms and Conditions and to the extent permitted by law:
19.4 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
19.5 Notwithstanding any other term in these Terms and Conditions, nothing in these Terms and Conditions is intended to limit or exclude any liability on the part of Us or our Related Entities, officers, directors, employees, agents, contractors or suppliers except where (and to the extent that) applicable law prohibits such exclusion or limitation.
20.1 You agree to indemnify and hold Us and Our Related Entities, officers, directors, agents, employees, contractors and suppliers harmless from and against any actions, claims, demands, proceedings, Loss (known and unknown), including solicitors’ fees (on a solicitor and own client basis) and claims made by third parties, due to or arising out of Your breach of these Terms and Conditions or any Policy or the terms and policies they incorporate by reference, or Your violation of any law or the rights of a third party.
21.1 Each party shall keep confidential all information, know how or materials relating to the other party or identified by the other party as confidential or which from the circumstances in which it is made available ought to be treated as confidential, in whatever form and shall not use the same for purposes other than in relation to the performance of the party’s respective obligations under these conditions. Neither party shall disclose any such Confidential Information to any person without the consent of the other. These obligations shall survive termination or expiration of these Terms and Conditions. Nothing in this clause shall apply to any information:
22.1 Subject to clause 22.2, if a party (“the supplier”) should make a taxable supply to another party (“the recipient”) under these Terms and Conditions, the recipient must pay to the supplier the GST arising on the taxable supply at the time the consideration for it falls due for payment.
22.2 The supplier must give the recipient a tax invoice relating to the taxable supply in exchange for the payment of GST under clause 22.1.
22.3 As a separate and distinct obligation, the recipient indemnifies the supplier from liability for the payment of GST arising on taxable supplies made to the recipient under these Terms and Conditions, subject to the provision of a tax invoice by the supplier under clause 22.2.
22.4 In this clause, words and phrases that are defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) have, so far as the context permits, the corresponding meaning.
23.1 Accessing Content from the Software and uploading information to the Software is done so at Your own risk and You will be responsible for compliance with the laws within Your jurisdiction.
23.2 Publication of electronic addresses in the Software is for the purpose of professional communication only and must not be used to infer consent to the receipt of unsolicited commercial electronic messages.
23.3 These Terms and Conditions are governed by the laws of Queensland and the Commonwealth of Australia which are in force in Queensland and the parties submit to the jurisdiction of the Court of Queensland, relevant Federal Courts and Courts competent to hear appeals from them.
23.4 These Terms and Conditions shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
23.5 If a clause of these Terms and Conditions are void or unenforceable it must be severed from these Terms and Conditions and the clauses that are not void or unenforceable are unaffected by the severance.
23.6 You agree that these Terms and Conditions and all incorporated agreements may be assigned by Us, in Our sole discretion. You may not assign these Terms and Conditions without Our express prior written consent.
23.7 Our failure to act with respect to a breach by You or others does not constitute a waiver of that breach or waive Our right to act with respect to that breach or subsequent or similar breaches.
23.8 No waiver by a party of a provision of these Terms and Conditions is binding unless made in writing.
23.9 Unless otherwise specified, these Terms and Conditions and the Policies comprise the entire understanding and agreement between You and Us with respect to the subject matter hereof.
23.10 Nothing in these Terms and Conditions or Your use of the Software establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between the parties.
23.11 The clauses capable of doing so will survive any termination or expiration of a User’s access to the Software.
23.12 The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.
23.13 The parties consent (in accordance with sections 11 and 12 of the Electronic Transactions (Queensland) Act 2001 (Qld)) to all correspondence in relation to these Terms and Conditions, including notices, contract and information being given by electronic communication.
23.14 Any notice or demand in writing required to be given by Us to You shall be sufficiently served if: