Terms And Conditions

By browsing, reading, downloading and using any function of this Website, you are agreeing to comply with and be bound by the following Terms and Conditions. These Terms and Condition together with our Privacy Policy and Disclaimer constitute the terms (the “Terms”) that govern Airspace Lab’s relationship with you in relation to this Website. If you disagree with any part of these Terms, you should cease using this Website immediately.

Definitions

In these Terms the following terms are defined as follows:

The term ‘Airspace Lab’ or ‘Us’ or ‘We’ refers to the owner of the Website, EngiSeek Pty Ltd.

Account means an account to use the Website Services set up by a person who uses the Website

Content means the content uploaded onto the Website by Airspace Lab.

Intellectual Property Rights means industrial and intellectual property rights of whatever nature throughout the world conferred on Airspace Lab under statute, common law or equity, whether existing now or at any time in the future in relation to the Website or otherwise;

  1. all rights belonging to Airspace Lab in respect of or in connection with copyright, inventions (including patents), formulae, databases, business processes and methods, trademarks, service marks, business names, trade names, domain names, designs, confidential information, trade secrets or otherwise;
  2. all concepts, ideas, methods, methodologies and business methods developed in relation to the Website;
  3. the copyright subsisting in all documents and electronically stored files encompassing the things referred to in paragraphs (a) and (b); and
  4. any invention, discovery, or right to apply for a patent, trade mark or design in relation to anything referred to in paragraphs (a), and (b).

Member means a person who has an Account on the Website, also referred to as a User.

Membership Fee means the membership fees set out in clause 1 of these Terms and Conditions.

Services means the associated tools, calculator, forms and systems provided to the Member by Airspace Lab via the Website.

Website means www.airspacelab.com.

The registered business address of EngiSeek Pty Ltd is Suite F5, Airport Central, 1 Eastern Avenue, Bilinga QLD 4225. The office address of Airspace Lab is Suite F5, Airport Central, 1 Eastern Avenue, Bilinga QLD 4225.

  1. Membership and Pricing In order to access the Services on the Website you join to become a Member. The automated service of Airspace Lab that provides Members with access to the system is dependent upon Airspace Lab’s agreement with Member aerodromes operators, the number of “Modules” in the system and the type of subscription.
  2. Website Content All content shown on the Website is provided in good faith and derived from information believed to be accurate at the time of publication. We do not provide any warranty or guarantee as to the accuracy, timeliness, completeness or suitability of the information and materials found or offered on this Website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  3. User Representations and Warranties
    1. You agree to provide Airspace Lab with true, accurate, current and complete information.
    2. You agree not to misrepresent your identity or any information.
    3. You agree to not use the Website or the Service for any purpose that is unlawful or prohibited by these Terms.
    4. You agree that all User Content posted by you is owned by you and our use of such User Content does not infringe or violate the Intellectual Property Rights or any other rights of anyone else. You licence us to use, modify, adapt, publish, display, sublicense, create derivative works from and incorporate in other works any User content by you, at any time in the future in any form and for any purpose and warrant that you have the right to grant this licence.
  4. Disclaimer
    1. Airspace Lab makes no warranty, either implied or express, that any part of the Service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You expressly agree that your use of the Website is entirely at your sole risk. We do not accept liability for any loss or corruption of electronically stored data connection with the use of the Website or user content.
    2. You understand and agree that information provided to you is based solely on the data and answers you provide. Any advice or recommendations provided will reflect the information you have provided.
    3. To the extent permitted by legislation such as the Competition and Consumer Act 2010 (Cth), the Website is provided on an “as is, as available” basis. We will not be liable in the event that the Website is unavailable to you for any reason (for example, due to computer downtime attributable to malfunctions, upgrades, server telecommunication supplies.)
    4. The Competition and Consumer Act 2010 (Cth), the ASIC Act 2001 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of the Website and the services provided through the Website (including the various functions contained on the Website) which cannot be excluded, restricted or modified (Non-excludable Rights). Except for any Non-excludable Rights you agree to exclude all other conditions and warranties implied by custom, law or statute.
  5. Limitation of Liability
    1. To the maximum extent permitted by law, you expressly understand and agree that Airspace Lab will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages suffered by you, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible assets (even where Airspace Lab has been advised of the possibility of such damages), resulting from:
      1. any errors in or omissions of the Website and/or the user content, including, but not limited to, technical inaccuracies and typographical errors;
      2. the use of the Website or Services or the inability to use the Website or Services;
      3. the cost of obtaining substitute goods and/or services resulting from any transaction entered into or recommendation made on/through Services;
      4. statements by any third party or conduct of any third party using the Services, including but not limited to, any errors in or omissions;
      5. your use of the Website;
      6. your use of any electronic device or software in connection with the Website; or
      7. any other matter relating to the Services.
    2. Airspace Lab’s liability for breach of any implied warranty or condition which cannot be excluded, is limited at our option to the fees paid by you in the 12 months preceding notification of any breach by Airspace Lab to you.
    3. Subject to our obligations under any implied conditions and warranties referred to in paragraph (a), our maximum aggregate liability for all claims under or relating to these terms and conditions or their subject matter, whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity or on any other basis, is limited to A$100. In calculating our aggregate liability under this clause, the parties must include any amounts paid or the value of any goods or services replaced, repaired or supplied by us for a breach of the implied conditions and warranties referred to in paragraph (a).
    4. The Competition and Consumer Act 2010 (Cth), the ASIC Act 2001 (Cth) and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by us of the Website and the services provided through the Website (including the various functions contained on the Website) which cannot be excluded, restricted or modified (Non-excludable Rights). Except for any Non-excludable Rights you agree to exclude all other conditions and warranties implied by custom, law or statute.
  6. Indemnity

    You agree to indemnify and hold Airspace Lab, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal expenses, made by any third party due to or arising out of your use of the Service in violation of these Terms.

  7. Third-Party Advertisers

    Airspace Lab may run advertisements and promotions from third parties on the Website. These should not be taken to constitute an endorsement of those third parties by Airspace Lab. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Airspace Lab, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.

    Airspace Lab is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers on the Website.

  8. Intellectual Property
    1. You acknowledge that the Website, the Service and all related content are subject to copyright and other Intellectual Property Rights.
    2. We grant you a limited, non-transferable licence to access and use the Website and the Service solely for your personal use and only for these purposes.
    3. We retain all rights, title and interest in and to the Website, the Service and all related content. Nothing you do on or in relation to the Website, the Service or any of the related content will transfer any Intellectual Property Rights to you.
    4. Except as provided in these Terms, permission to reprint or electronically reproduce the Website, the Service or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us.
    5. Subject to applicable law, we may revoke the permission referred to in paragraph (b), at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Service without notice.
  9. Third Party Links

    From time to time, this Website may include links to other websites (linked websites). These links are provided for your convenience to provide further information. They do not signify that we endorse, approve of or recommend the website(s). We have no responsibility for the content of linked website(s).

  10. Limitation on Use

    The Website is for the personal use by Members and may not be used in connection with any commercial endeavours, unless prior approval is obtained in writing from Airspace Lab. Organisations, companies, and/or businesses may not become Members without entering into a Subscription Form and should not use the Service or the Website for any purpose other than what has been authorised by the Subscription Form. Illegal and/or unauthorised uses of the Website, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorised framing of the Website is prohibited.

    You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or create derivative works from the Website or the user content. Nor may you use any network monitoring or discovery software to determine the Website architecture, or extract information about usage, individual usage, individual identities or users.

    You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes or any portion of the Website or the user content without our prior written permission.

    You are welcome to link to our Website as long as you observe the following conditions:

    1. you present the links in a way which fairly represents us. The link(s) must not cause us embarrassment;
    2. the context of the link must not suggest that we endorse you in any way, or have any connection with your site; and
    3. the context of the link must not suggest that we have created any of your content.
  11. Termination of Membership and additional services

    Use of the Website is with the permission of Airspace Lab, and may be revoked at any time, for any reason, in Airspace Lab 's sole discretion.

    Airspace Lab reserves the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

    We reserve the right to deny or terminate all or part of your access to the Website where in our opinion, there are concerns regarding unreasonable use, security or unauthorised access or where you have breached any of these terms.

    These Terms are effective until your Membership is cancelled by you or us.

    All restrictions imposed on you and the disclaimers and limitations of liability set out in the Terms will survive termination.

    Termination shall not affect any legal right that we may have accrued against you up to the date of termination.

    When your membership is terminated or cancelled, Airspace Lab will continue to retain your records for 7 years after the records were created.

    How to cancel or reduce your Membership

    If you cancel or reduce an additional service and have paid for this service annually, you will be refunded the proportion of fees in respect of the months that have not elapsed following the date on which your Membership is terminated, less an administration fee of one month’s fee.

    Access following termination

    If we cancel your Membership, your ability to access your Account will automatically cease.

    Suspending your account

    If your subscription to the Airspace Lab service is being managed by a corporate or other organisation, and your Membership is suspended under their service you will have automatic and immediate access to your account through the Airspace Lab public portal. You will be able to use the same log-in initially and you will be prompted to change your log-in details upon re-logging in for the first time.

    You may suspend or freeze your Account or optional services which you have subscribed to by contacting us. Once your Account is suspended you can re-access it by contacting us (with the subject “Freeze Period”).

    If you have paid for optional services or have paid for membership on an annual basis and freeze this service or your Account, the relevant service or Membership period will be extended for the same length of time as your Freeze Period.

    If you pay for optional services or Membership on a monthly basis and freeze this service or your Account, in the month immediately after the Freeze Period we will debit your card for the service or Membership Fee.

  12. Dispute Resolution

    If you have any problems with the Website or your Membership or complaint about the advice or services you receive, contact us. We will resolve your complaint quickly and fairly.

    If you still aren’t satisfied, you can contact the Financial Ombudsman Service (FOS) at:

    GPO Box 3 Melbourne VIC 3001
    Phone: 1300 780 808 Fax: 03 9613 6399
    Email: info@fos.org.au Website: http://www.fos.org.au/

    The FOS is free of charge. However there are some limits on the size of claims that can be handled by FOS. For details of the current limits, please go to the FOS website.

    You can also contact the Australian Securities & Investments Commission (ASIC) on free call infoline 1300 300 630 to make a complaint and obtain information about your rights.

  13. General
    1. If any part of these Terms and Conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect. Should that provision be unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
    2. These Terms are governed by the laws of Queensland, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of Queensland, Australia.
    3. These Terms constitute the entire agreement between us and you in relation to the Website and your use of the Services and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Services.
    4. Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices.
    5. The provisions of these Terms which by their nature survive termination or expiry of these Terms will survive cancellation of your registration or termination or expiry of these Terms.
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