WEBSITE TERMS OF USE

DISCLAIMER

The technical equipment and services described on our Website are designed and intended for technical applications by experts having a thorough knowledge of all skills required for its proper use. All descriptions and illustrations are not instructions but are intended solely for your convenience. It is your responsibility to obtain thorough, qualified instruction in the proper application of any products and/or services, including all safety and redundancy system precautions.

A significant amount of care has been taken to ensure that all information is accurate. However, no responsibility is taken for any errors that may have appeared

1.                  INTRODUCTION

(a)               These terms and conditions (Terms) apply when you use this website (Website). Please read these Terms carefully before you access and use this Website.

(b)               You agree to be bound by these Terms which form a binding contractual agreement between you and us, Aero Motion Australia Pty Ltd ABN 66 6058 12459 (Aero Motion, our, we or us).

(c)                We may change these Terms at any time by updating this page of the Website, and your continued use of the Website following such an update will represent an agreement by you to be bound by the Terms as amended.

2.                  ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these Terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with the Terms and any applicable laws.

In order to access and use the Website, you must be at least 18 years old or have the express consent of your legal guardian. You must also have the legal capacity (including being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, or your legal guardian agrees to be bound by these Terms on your behalf. You may not access the Website if these facts are not true.

3.                  YOUR OBLIGATIONS

You must not:

(a)               copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Aero Motion;

(b)               use the Website for any purpose other than the purposes of browsing, selecting or purchasing Goods;

(c)                use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d)               use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e)               use the Website with the assistance of any automated scripting tool or software;

(f)                 act in a way that may diminish or adversely impact the reputation of Aero Motion, including by linking to the Website on any other website; and

(g)               attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i)                 gaining unauthorised access to Website accounts or data;

(ii)                scanning, probing or testing the Website for security vulnerabilities;

(iii)               overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv)               instigate or participate in a denial-of-service attack against the Website.

4.                  INFORMATION ON THE WEBSITE

The Website is made available to you strictly on an 'as is' basis. While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(a)               the Website will be free from errors or defects;

(b)               the Website will be accessible at all times;

(c)                messages sent through the Website will be delivered promptly, or delivered at all;

(d)               information you receive or supply through the Website will be secure or confidential; or

(e)               any information provided through the Website is accurate or true.

We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

5.                  INTELLECTUAL PROPERTY

(a)               Aero Motion retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b)               You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Aero Motion or as permitted by law.

6.                  LINKS TO OTHER WEBSITES

(a)               The Website may contain links to other websites that are not our responsibility. We have no control over the content of the linked websites and we are not responsible for it.

(b)               Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

7.                  SECURITY

Aero Motion does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

8.                  REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

9.                  LIABILITY AND INDEMNITY

To the maximum extent permitted by applicable law, Aero Motion limits all liability to any person for loss or damage of any kind, however arising from the use of the Website. This includes the transmission of any computer virus or loss of privacy or data.

You agree to indemnify Aero Motion and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Website and/or breach of these Terms.

All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded. Where any law (including the Competition and Consumer Act 2010 (Cth)) implies a condition, warranty or guarantee into these Terms which may not lawfully be excluded, then to the maximum extent permitted by applicable law, Aero Motion's liability for breach of that non-excludable condition, warranty or guarantee will, at our option, be limited to:

(a)               in the case of goods, their replacement or the supply or equivalent goods or their repair; and

(b)               in the case of services, the supply of the services again, or the payment of the cost of having them supplied again.

To the maximum extent permitted by law, under no circumstances will Aero Motion be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Website, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

10.               PRIVACY

You agree to be bound by our Privacy Policy, which can be found here

11.               GENERAL

(a)               (Governing law) This agreement is governed by the law applying in New South Wales, Australia.

(b)               (Jurisdiction) Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

(c)                (Amendments) These Terms may only be amended by Aero Motion in accordance with the Terms.

(d)               (Waiver) No party to these Terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

(e)               (Further acts) Each party must promptly do all further acts and execute and deliver all further documents required by law or reasonably requested by another party to give effect to these Terms.

(f)                 (Assignment) A party cannot assign, novate or otherwise transfer any of its rights or obligations under these Terms without the prior written consent of the other party.

(g)               (Entire Agreement) These Terms embody the entire agreement between the parties and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of the Terms.

(h)               (Interpretation) In these Terms, the following rules of interpretation apply:

(i)                 (singular and plural) words in the singular includes the plural (and vice versa);

(ii)                (gender) words indicating a gender includes the corresponding words of any other gender;

(iii)               (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(iv)               (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(v)                (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(vi)               (these Terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these Terms, and a reference to these Terms includes all schedules, exhibits, attachments and annexures to it;

(vii)              (document) a reference to a document (including these Terms) is to that document as varied, novated, ratified or replaced from time to time;

(viii)             (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(ix)               (includes) the word "includes" and similar words in any form is not a word of limitation; and

(x)                (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.