Terms & Conditions – Personal Drones (ABN 224 086 437 20)

Last Updated: 02-12-2017

Personal Drones website www.personaldrones.com.au is owned and operated by Personal Drones, a registered business in Australia (ABN: 224 086 437 20). Before you use this website, you must agree to the terms and conditions outlined on this page.  You must also agree to any additional terms and conditions, disclaimer, privacy policy and any other notices published on this website at present or from time to time.  When you signup or use any service as a “User, ” or you use this website in any way, you must agree to the terms and conditions listed below. If you do not agree, you must not use this website. Your continued use of www.personaldrones.com.au website will be deemed to constitute your acceptance of the Terms and Conditions.

DEFINITIONS

“You” and “your” refer to you, as a user of our website www.personaldrones.com.au.  A “user” or “Service User” is someone who browses the website, opens an account, crawls, scrapes, or in any way uses the Site.  Our website is a website for general information purpose ONLY and we are providing this for free. “We,” “us,” and “our” refer to Personal Drones and our website www.personaldrones.com.au (or Personal Drones). We are participants of affiliate programs of few companies which include Amazon, DJI, Banggood (just to mention few of them) etc. These are called our Associates or Associate Websites.

“Content” means all forms of data such as text, images, photos, audio, video, location data. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, comments, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Personal Drones Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than us such as our Associate Websites or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Drone Directories Content. A Third-party site is any website not owned by us.

T E R M S & C ON D I T I O N S

  1. AGE:

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms. If you are our competitor or we have banned you, you must not use our website.

  1. Permission & Restrictions:

We permit you to use our website subject to the restrictions mentioned in these Terms. You will be using this website at your own risk that you might be exposed to Content that is offensive to you, indecent, inaccurate, objectionable, or otherwise inappropriate.

As a condition of your use of the website or any service provided by us, you warrant to us that you will not use the website for any purpose that is prohibited by the Terms and Conditions or that is illegal or unlawful.

You agree not to use the website to offend others. You agree not to publish or distribute or disseminate any information which is unlawful, defamatory, offensive or inappropriate.

You agree not to use our website to provide another service, for example, collecting information from our website to make a list of your potential customers for any product or service you provide or for any business you conduct.

  1. Privacy: 

We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988. Our Privacy Policy sets out the manner in which we treat your personal information. You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public.

  1. Services:

It is your responsibility to ensure that any Services or Information available through the Site meet your specific requirements. Before acting on any Information, we recommend that you consider whether it is appropriate for your circumstances, carry out your own research and seek professional advice, where necessary. Information provided on the Site and Services must not be relied upon for legal decisions; you should instruct a solicitor for legal advice and services.

  1. Signup and Account:

To use some of the features of our website, you must create a user account and provide accurate information about yourself. If you are a Service Provider and are listing your business, you must enter the correct information while signing up and opening an account. You are also responsible for all activities that occur in connection with your account. You are responsible for maintaining the confidentiality of your account password. User accounts are individual and can not be shared by more than one individual. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason. By creating an account, you agree to receive certain communications in connection with the Site. Some of the examples would be, compliments or friend requests from other Users, etc. You will also receive our weekly e-mail newsletter about happenings in your neighborhood. You can opt-out of non-essential communications

  1. Content: For General Information Purpose ONLY.

All forms of contents on this website and statements, opinions, reviews, etc are published only for general information purpose. These contents are not intended for and do not constitute any legal, financial, taxation, expert, technical advice. You must consult the expert in these fields for any specific advice suitable for you.

  1. Contents: Responsibilities and Rights

Only you alone are responsible for your content, and once your contents are published, it cannot always be withdrawn. You must make take responsibility for all risks associated with your content; This may include anyone’s reliance on its accuracy or reliability, or any disclosure by you of information in your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your Content as described herein. You may not imply that your content is in any way sponsored or endorsed by us. You may also expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.

We may use your content in many ways. These may include publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access your content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against us and our site users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your content.

We try our best to put the accurate information at the time of publication, however, Personal Drones director, contractors or employees do not accept and are by these Terms and Conditions released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the website or anyone else through the website or any errors in, or omissions from, information on the website.

  1. Purpose:

Neither Personal Drones nor our website provides any representation, warranty, indemnity or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the Information or documents found or offered on this Site for any particular purpose.

  1. User Information:

On this website, we collect user information by various means. It includes signup forms, other embedded forms, surveys, emails and other sources. This user information may include name, address, contact details and, financial information, including credit card information, banking details, and any other relevant information. We store this information on our website. Most of the information comes through signup and when a site user purchases, submits an inquiry or opts into our mailing list. The website uses cookies which contain information by which we can identify your computer (or other devices) to our servers and the servers of third parties contracted by us. The third-party analytics services applied to our website also track a user’s online activities across unrelated websites and allows for the customized presentation of advertising material to your browser (using so-called ‘adware’). We do not receive reports that identify you, but the providers of the analytic services may be able to identify users from your IP address and may use this personal information about your internet use for their purposes (1). Two such services which we use are Google Analytics (2) and Doubleclick (3).

You are always free to decline the cookies from our website if your Internet browser allows this, but some parts of our site may not work correctly if you do.

You can update your personal information by sending an email to shapingtheideas@gmail.com.

1 For more information about these services, see http://www.oaic.gov.au/privacy/privacy-resources/privacy-fact-sheets/other/privacy-fact-sheet-4-online-behavioural-advertising-know-your-options.

  1. To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout.
  2. For information about opting out of Doubleclick and other adware is available using any Internet search engine (but be aware some of these engines may themselves deliver adware).
  1. Warranties and Liability:

You may have rights warranties, guarantees (Statutory Rights) relating to the services provided by us which can not be excluded or modified under Australian legislation such as the Australian Consumer Law (ACL) and similar consumer protection laws and regulations.  Our liability is governed solely by the ACL and these Terms and Conditions.  Personal Drones does not give any guarantee or warranties or make any representation of any kind, express or implied, concerning the use of this website outside these consumer laws. These include but not limited to implied warranties of merchantability and fitness for a particular purpose.

Personal Drones does not provide any warranty on behalf of any of the products of our Associates listed on our website. We do not make any warranty that the Associates are reputable and their products or services are fit for any particular purpose or they will act according to the agreement. We also do not provide a warranty that the information provided by the Associates in the description of their products or services is accurate, reliable and complete without errors.  “Personal Drones” is not responsible for any loss incurred directly or indirectly due to decision by you in reliance on the information on or provided to you through the website or provided by any Associate you engage on the website.

Personal Drones is not responsible for any (i) special, incidental, punitive, exemplary, reliance, or consequential damages, (ii) loss of profits, (iii) business interruption, (v)reputational harm, or (v) loss of information or data to any of the Associates or Users.

  1. Indemnity, Disputes, and Complaints:

You are liable for and agree to indemnify, defend and hold us harmless for and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from: (i) any information that is not accurate, up to date or complete or is misleading or a misrepresentation; (ii) any breach of these Terms and Conditions; (iii) and any misuse of the Services; from or by you, your employees, contractors or agents.

You agree to co-operate with us (at your own expense) in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to the incorrect information you have given us.

  1. Feedback, Ratings, and Comments:

On our website, Users are allowed to comment and rate the Associates whose products or services they have used. We reserve the right to publish or not publish these rating, comments or feedback. We also reserve the right to modify or delete any of these at any time and without any reason. The feedback could be damaging to the reputation of anyone. You acknowledge and agree that Personal Drones accept no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on our website.  You also release us and indemnify from any liability it may incur arising out of (whether directly or indirectly) any feedback you post or approve for posting on our website.

  1. Communications on our Website

Personal Drones is not under any obligation to monitor any communications entered on our website by the Users of our website. However, we have the right to check and investigate any such communications. Personal Drones reserves the right to revoke your ability to communicate on the site and to use our services immediately at any time for any reason.

  1. Genuine Inquiries:

You agree that as a website user, you will submit only genuine inquiries on www.personaldrones.com.au website.

  1. Advertisements by us:

Personal Drones may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.

  1. Advertisement by You on our website:

We also allow Users to advertise on our website. These advertisements are subject to approval.

  1. Site Modification:

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

  1. Third Parties and Third-Party Websites:

The Site may include links to other websites or applications (a “Third-Party Site”). We do not control or endorse any Third-Party Site or any Third-Party. You agree that we are not responsible for the availability or contents of such Third-Party Sites. Your use of Third- Party Sites is at your own risk.

  1. Disclaimers.

TO THE EXTENT LEGALLY PERMITTED UNDER THE APPLICABLE LAWS, (A) THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE (B) PERSONAL DRONES EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

YOU IRREVOCABLY ACKNOWLEDGE THAT PERSONAL DRONES IS NOT INVOLVED IN THE ACTUAL TRANSACTION BETWEEN OUR ASSOCIATES AND USERS ON THIS WEBSITE. FOR EXAMPLE, WHEN YOU BUY ON AMAZON, YOUR TRANSACTION WOULD BE MADE AT AMAZON WEBSITE.

  1. Email:

You acknowledge that we may send you emails and receive emails from you. You release us from any claim you may have as a result of any unauthorized copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by transfer.

  1. Relationship of parties:

The Terms and Conditions are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

  1. Choice of Law:

The laws of New South Wales, Australian law will govern these terms and conditions, as well as any claim, dispute that may arise between you and us. You agree to submit to the jurisdiction of the courts of New South Wales, Australia.

  1. Termination

You may terminate the Terms at any time by closing your account, discontinuing your use of the Site.

  1. Copyright:

The website www.personaldrones.com.au is © Copyright Personal Drones (ABN: 22408643720), Australia.