Terms And Conditions

  1. Overview

    1. This website (Site) is operated by EngiSeek Pty Ltd, trading as Airspace Lab. It is available at: www.airspacelab.com and may be available through other addresses or channels.

    2. Consent: By browsing, reading, downloading and using any function of this Site, you are agreeing to comply with and be bound by the following Terms and Conditions and our Privacy Policy (available on our Site).

    3. These Terms and Condition together with our Website Privacy Policy and Disclaimer constitute the terms (the “Terms”) that govern Airspace Lab’s relationship with you in relation to this Site.

    4. Please read these Terms and Conditions carefully and immediately cease using our Site if you do not agree to them.

    5. Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Site in accordance with these Terms. All other uses are prohibited without our prior written consent.

    6. Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to our Site; which we would consider inappropriate; or which might bring us or our Site into disrepute, including (without limitation):

      1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;

      2. using our Site to defame, harass, threaten, menace or offend any person;

      3. interfering with any user using our Site;

      4. tampering with or modifying our Site, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Site, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Site;

      5. using our Site to send unsolicited email messages; or

      6. facilitating or assisting a third party to do any of the above acts.

    7. Exclusion of competitors: You are prohibited from using our Site, including the Content, in any way that competes with our business.

  2. Definitions

    1. In these Terms the following terms are defined as follows:

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

      2. Site refers to any and all websites including, www.airspacelab.com.

      3. Account means an account to use the Site services set up by a person who uses the Site.

      4. Content means the content uploaded onto the Site by Airspace Lab.

      5. 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 Site 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 Site;

        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).

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

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

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

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

    3. The office address of Airspace Lab is Suite F5, Airport Central, 1 Eastern Avenue, Bilinga QLD 4225.

  3. Membership and Pricing

    1. In order to access the Services on the Site you join to become a Member.

    2. 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.

    3. In purchasing any product or services from the Site (‘the purchase’) you agree to:

      1. Pay using a valid credit card or bank account (or other form of payment or use of payment Airspace Lab may allow) in the manner required by and under the terms and conditions outlined by the nominated payment system provider;

      2. Provide Airspace Lab with current and complete information including full legal name, street address, telephone number, email address, credit card or bank account details and billing information as required without limiting any of Airspace Lab’s rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete.

      3. Airspace Lab reserves the right to refuse to continue with your purchase, or put on hold or terminate your access to the Site or any of the services or products provided by Airspace Lab at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the purchase;

      4. Pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase; and

      5. All costs are in Australian dollars unless otherwise indicated.

  4. Refund

    1. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, you expressly acknowledge that your use of the Site and its products and/or services is at your sole risk.

    2. At our sole discretion, any claim for a refund will be considered on a case by case basis and Airspace Lab reserves the right to either provide you with a refund once the case is reviewed, or refuse your claim.

    3. To seek a refund you must email admin@airspacelab.com.

  5. Site Content

    1. All content shown on the Site is provided in good faith and derived from information believed to be accurate at the time of publication.

    2. 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 Site for any particular purpose.

    3. 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.

  6. 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 Site 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.

  7. 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 Site 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 Site 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 Site is provided on an “as is, as available” basis. We will not be liable in the event that the Site 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 Site and the services provided through the Site (including the various functions contained on the Site) 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.

  8. 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 Site and/or the user content, including, but not limited to, technical inaccuracies and typographical errors;

      2. the use of the Site or Services or the inability to use the Site 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 Site;

      6. your use of any electronic device or software in connection with the Site; 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 twelve (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).

  9. Indemnity

    1. 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.

  10. Third-Party Advisers

    1. Airspace Lab may run advertisements and promotions from third parties on the Site. 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.

    2. 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 Site.

  11. Intellectual Property

    1. You acknowledge that the Site, 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 Site 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 Site, the Service and all related content. Nothing you do on or in relation to the Site, 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 Site, 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 Site or the Service without notice.

  12. Third-Party Links

    1. From time to time, this Site 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).

  13. Limitation of Use

    1. The Site 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 Site for any purpose other than what has been authorised by the Subscription Form. Illegal and/or unauthorised uses of the Site, 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 Site is prohibited.

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

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

    4. You are welcome to link to our Site 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.

  14. Termination of Membership and Additional Services

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

    2. 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.

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

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

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

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

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

    8. How to cancel or reduce your Membership:

      1. 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.

    9. Access following termination

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

    10. Suspending your account

      1. 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.

      2. 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”).

      3. 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.

      4. 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.

  15. 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 Site 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 Site 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.

  16. Dispute Resolution

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

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

      1. GPO Box 3 Melbourne VIC 3001

      2. Phone: 1300 780 808 Fax: 03 9613 6399

      3. Email: info@fos.org.au Website: http://www.fos.org.au/

      4. 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.

    3. 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.

Last updated: 13 May 2019

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