|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Welcome to the airloom website ("airloom.com"). airloom.com is operated by Airloom Holdings Pty Limited (“we”) (ABN 63 097 469 497). Your access to and use of airloom.com is subject to these terms, the airloom.com Privacy Statement, the airloom End User Software Licence Agreement and any other terms contained on this web site ("Terms of Use"), whether or not you become a member of airloom.com. airloom.com is intended for residents of Australia only.
1 What you must do
1.1 You must use airloom.com in a responsible manner.
1.2 If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using airloom.com.
2 What you must not do
2.1 You must not:
(a) use airloom.com for any activities or post or transmit to or via airloom.com any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes;
(b) use airloom.com in a way or post to or transmit to or via airloom.com any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any other user from using or enjoying airloom.com;
(c) use airloom.com to send unsolicited electronic mail messages to anyone;
(d) make any fraudulent or speculative enquiries, bookings, reservations or requests using airloom.com;
(e) use another’s name, username or password without permission;
(f) post, or transmit via airloom.com, any obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings;
(g) tamper with, hinder the operation of or make unauthorised modifications to airloom.com;
(h) knowingly transmit any virus or other disabling feature to airloom.com; and
(i) attempt any of the above acts or permit another person to do any of the above acts.
3 Third Party Content
3.1 Many of the products and services offered for sale or advertised and much of the information provided on airloom.com are the products, services and information of third parties.
3.2 The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier.
3.3 We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own enquiries with the relevant third party supplier direct before relying on the third party information or entering into a transaction in relation to the third party products and services supplied via airloom.com. You should check with the third party supplier whether there are additional charges and terms which may apply.
3.4 We may receive fees and/or commissions from third parties for goods and services of such third parties displayed or made available on airloom.com or accessible through a hyperlink on airloom.com. You acknowledge and consent to us receiving the fees.
4 Prices and products and services are subject to change
4.1 All prices displayed and products and services offered to be supplied on airloom.com are subject to change without notice.
5 Security
5.1 For security reasons we may require you to re-authenticate yourself from time to time, for example after a period of inactivity on the connection between your browser and the airloom.com servers. We are not responsible for any information you may lose if the airloom.com servers terminate your browser session due to prolonged periods of inactivity between your browser and the airloom.com servers.
6 Copyright
6.1 airloom.com, the material on airloom.com, the software, design, text and graphics comprised in airloom.com and the selection and layout of airloom.com are owned or licensed by us and protected by copyright under the laws of Australia and other countries.
6.2 You may view this website and its contents using your web browser and save an electronic copy of the website solely in the usual operation of your web browser in visiting the site.
6.3 You must not otherwise reproduce, transmit (including broadcast), adapt, distribute, sell, modify or publish or otherwise use any of the material on the site, including audio and video excerpts, except as permitted by statute or with airloom's prior written consent.
7 Trade Mark Notice
7.1 This site includes registered trade marks and trade marks which are the subject of pending applications or which are otherwise protected by law including, but not limited to the word AIRLOOM, the airloom logo, and THE COMPLETE INTERNET ENTIRELY WIRELESS. You may not use these trade marks or the names “AIRLOOM PTY LTD”, “AIRLOOM HOLDINGS LTD” or “AIRLOOM” or the name of any of our related companies.
8 Linking to third party sites
8.1 This website contains links to third party sites. The links are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by airloom of the site or the products or services provided at those sites. You access those sites and use the products and services made available at those sites solely at your own risk.
9 Indemnity
9.1 You indemnify us and our officers, employees, agents and related bodies corporate from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to the use of airloom.com by you or someone using your name and password.
10 Disclaimer and limitation of liability
10.1 TO THE EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY OF OUR OFFICERS, EMPLOYEES, AGENTS OR RELATED BODIES CORPORATE WILL BE LIABLE IN ANY WAY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, DAMAGE, COSTS OR EXPENSES SUFFERED BY YOU OR CLAIMS MADE AGAINST YOU THROUGH USE OF AIRLOOM.COM, ANY FAILURE TO PROVIDE AIRLOOM.COM, INCLUDING A MESSAGING SERVICE, OR IN CONNECTION WITH ANY PRODUCTS, SERVICES OR INFORMATION SUPPLIED, OFFERED TO BE SUPPLIED OR ADVERTISED VIA AIRLOOM.COM.
10.2 To the extent permitted by law, all warranties, conditions and representations about airloom.com.au, the availability of airloom.com for access and use, the products and services advertised, offered to be supplied or supplied via airloom.com and the information provided on airloom.com are excluded. If a term is implied by law into these Terms of Use and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included in these Terms of Use. However, our liability for breach of such term will be limited, at our option, to one or more of the following (a) in relation to goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of such goods; (iii) the payment of the cost of replacing the goods or acquiring equivalent goods; or (iv) payment of the cost of having the goods repaired; (b) in relation to services: (i) the supply of the services again; (ii) the payment of the cost of having the services supplied again.
11 Use of your information and material
11.1 When you send us any feedback, suggestions, ideas or other materials in relation to or via airloom.com, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement.
12 Goods and Services Tax
12.1 If GST is imposed on any supply made by us through airloom.com, you must pay to us, in addition to any consideration payable or to be provided by you for this supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply payable or to be provided (without any deduction or set off) by you under any other clause in these Terms of Use. Any amount payable by you is payable on demand by us, whether such demand is made by an invoice or otherwise.
13 Changes
13.1 We may vary any of these Terms of Use at any time. We will give notice of any variations to users of airloom.com by posting the revised Terms of Use on the home page of airloom.com. Your continued use after such notice will constitute acceptance of the variation.
14 Termination
14.1 If, in airloom's reasonable opinion, you breach any of these Terms of Use, we may suspend, terminate or limit your access to airloom.com and terminate the Terms of Use effective immediately.
15 General Matters
15.1 This agreement is governed by the law in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any dispute concerning this agreement.
15.2 If any of these Terms of Use are invalid or unenforceable, it will be struck out and the remaining terms will remain in force.
15.3 If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.
© Airloom Holdings Pty Limited. All rights reserved.
Last updated: 5 October 2007
|
|
|
|
|
|
|
|
|