1.1 Thank you for visiting Rescue at www.rescuehelicopter.com.au . We hope you enjoy your experience while taking advantage of everything Rescue has to offer!
1.2 By accessing and using Rescue you accept and agree to be bound by these Terms and accordingly you should review them carefully. If you do not accept these Terms you must not access or use Rescue.
1.4 We may change these Terms at any time without notice. Please access Rescue and review these Terms regularly to ensure you are aware of any changes made.
Account means a Rescue account registered through the Site by an Unregistered User.
Application means a method of accessing Rescue other than navigating to the Site using a web browser.
Billing Information means details such as a billing address, delivery address credit card information, PayPal account details and any other information required to complete a Transaction through Rescue.
Copyright Infringement Claim means a notice to Us which includes:
(a) the identification of your copyrighted work which has allegedly been infringed on Rescue;
(b) a description of the alleged infringing Content on Rescue;
(c) your name, address and contact details so that we may contact you if further investigation of your claim is required; and
(d) declarations that:
(1) you have not at any time granted Us permission, either directly or pursuant to these Terms, to use your copyrighted work in relation to Rescue; and
(2) the information provided in the Copyright Infringement Claim are accurate and truthful.
Content means data, information, text, blogs, images, movies, animations and any other digital media whether currently existing or not that may be displayed, delivered through or otherwise embodied in Rescue.
Digital Product means a product which is delivered electronically to the purchaser via the Internet or other electronic medium.
Direct Communication means email, SMS, instant message or any other direct electronic communication.
Donation means a charitable monetary donation made by you through the Site for Our benefit.
Intellectual Property means all present and future rights to trade marks, domain names, logos, patents, inventions, copyrights and all similar rights in any part of the world whether registered or unregistered, which directly or indirectly relate to any information, media or process utilised by or embodied in Rescue.
Moral Rights has the same meaning as defined in the Copyright Act 1968 (Cth).
Physical Products means any product which is not a Digital Product.
Products means Physical Products and Digital Products.
Registered User means a person that has registered an Account.
Rescue means the Content, information, features and Services we make available through the Site, Applications or any other online channel, software, devices or networks whether currently existing or developed in the future.
Services means any service offered on Rescue.
Site means all Rescue’s web pages located at http://rescuehelicopter.com.au including all sub-domains and related sites of Rescue.
Terms means these website terms and conditions between you and Us.
Transaction means any purchase, payment or Donation facilitated by or completed via Rescue.
Us, We and Our mean Northern NSW Helicopter Rescue Service Limited (ABN 40 002 862 026) of Broadmeadow, New South Wales Australia 2292.
Unregistered User means a person who is not a Registered User.
3 Access and use of Rescue
3.1 Subject to these Terms, you may access and use Rescue at no charge and without registering an Account.
3.2 You acknowledge and accept that access to and use of parts of Rescue:
(a) may be restricted to Registered Users;
(b) may be subject to terms and conditions in addition to these Terms; or
(c) may require payment,
and the imposition or removal of any access or use restrictions for any part of Rescue is at Our sole discretion.
5 Registering an Account and becoming a Registered User
5.1 To register an Account you must:
(a) validly enter your email address, a password and all other information requested in the registration section of the Site; and
(b) signify your acceptance of these Terms.
5.2 During the registration process, you may also be presented with the option of submitting Billing Information to Rescue. While your provision of such Billing Information is at your discretion and not required to register an Account, providing such information in advance will simplify and streamline the process for completing Transactions.
5.3 Accepting these Terms is an important part of the registration process and you should carefully read these terms before registering an Account on Rescue.
5.4 You must keep your Account password confidential. You are responsible for any activities or Transactions made using your Account and we are not liable for any damage or loss which results from unauthorised access to your Account. You must immediately notify Us of any unauthorised access or use of your Account of which become aware via the Contact Us section of the Site.
5.5 Your Account is not transferrable and you may only register one Account.
5.6 Registering an Account and becoming a Registered User is free.
6.1 We derive Content from sources which We believe are accurate and up to date as at the time of publication, however we make no representation or warranties as to the currency, reliability, accuracy or completeness of any Content provided via Rescue.
6.2 While we use reasonable commercial endeavours to update Content embodied in Rescue, you fully release and indemnify us from all liability for any claim or loss whatsoever whether directly or indirectly resulting from your reliance on any Content provided on Rescue.
6.3 We may engage third parties to author, design or provide Content for inclusion in Rescue. You acknowledge and agree that for all Rescue Content contributed by third parties:
(a) any views or opinions expressed in that Content are only the views and opinions of that third party and not Ours; and
(b) despite any attribution of authorship or lack thereof, the responsibility and liability for ensuring the accuracy, legality, completeness and currency of Content lies exclusively with the third party who provided it.
7.1 Both Registered Users and Unregistered Users are permitted to make Transactions through Rescue.
7.2 Examples of Transactions can include but are not limited to orders and payment for Products or Services (including tickets for events), and making Donations through the Site.
7.3 All Transactions made through Rescue will be covered by these Terms and any additional terms or conditions displayed during the finalisation of the Transaction.
7.4 Available methods of payment for a Transaction are displayed on Rescue. No other forms of payment are acceptable.
7.5 All Products and Services offered on Rescue are subject to the terms, restrictions and disclaimers contained in these Terms in addition to any other conditions which apply to that Product or Service.
7.6 By completing a Transaction you:
(a) represent you are authorised to complete the Transaction using the selected payment method and Billing Information; and
(b) agree to pay all amounts related to the Transaction, including all taxes and delivery charges, by the relevant due date. Once a Transaction is completed on Rescue it can not be cancelled or reversed.
7.7 Upon completion of a Transaction, a tax receipt will be:
(a) viewable on the Site; and
(b) sent to the email address you:
(1) submitted to Rescue when registering your Account (if you are a Registered User); or
(2) submit in connection with Billing Information provided to complete the Transaction (if you are an Unregistered User).
7.8 Subject to the nature of the Transaction, you may also be presented with the option of receiving a tax invoice in respect of a Transaction you complete through Rescue. Opting to receive such an invoice is at your sole discretion.
7.9 You acknowledge and accept that for any Transaction related to Products or Services supplied by third parties:
(a) Rescue only facilitates your purchase of those Products or Services from the relevant third party supplier and is not responsible for the supply of the Products or Services;
(b) those Products or Services may be subject to additional third party terms and conditions. You should review these terms and conditions before making any Transaction for third party Products or Services;
(c) any description or images on Rescue of third party Products and Services are provided by the relevant third party supplier and not Us;
(d) to the extent permitted by law and in addition to any other part of these Terms, We accept no liability for any loss or damage directly or indirectly related to any third party Product or Service purchased through Rescue, including a third party’s inability to supply a particular Product or Service; and
(e) any warranty claims related to third party Products or Services purchased through Rescue will lie with the third party supplier of the Product or Service and not Us.
7.10 Subject to clause 7.11(c), the safe and timely delivery of any Product purchased through Rescue is the sole responsibility of the supplier of that Product.
7.11 You acknowledge and accept that, while We make all reasonable commercial efforts to ensure Transactions occur in a secure environment, transacting through the Internet has inherent risks and We are not responsible for any unauthorised:
(a) interception, modification or diversion of a Transaction request or delivery of a Digital Product;
(b) access or copying of details relating to a Transaction (including personal or financial information); or
(c) failure to deliver a Product, where that failure is not directly caused by Our deliberate actions.
7.12 We reserve the right to modify, suspend or cancel any Transaction for any reason.
7.13 You agree and accept that in relation to Transactions for Products or Services which are incorrectly or inaccurately described or priced:
(a) such Transactions are void and unenforceable, and you will have no claim of ownership or any other rights in respect of the affected Product or Service contemplated in the Transaction; and
(b) We disclaim and otherwise limit Our liability in relation to such Transactions in accordance with clauses 14 and 15 to the fullest extent permitted by law.
8 Communications from Us
9 Closing your Account
9.1 You may close your Account at any time.
9.2 We reserve the right, without notice to you and at Our complete discretion, to refuse to register your Account or to close your Account if we believe you:
(a) have breached any part of these Terms;
(b) are likely to breach any part of these Terms; or
(c) have acted against Our business interests or reputation.
10 Intellectual Property
10.1 By accessing and using Rescue you acknowledge and agree that:
(a) We own all right, title and interest in the Intellectual Property and you will not hinder, impede, invalidate or challenge Our ownership or entitlement to use or register any part of the Intellectual Property in any way, or do any act which may diminish the value of the Intellectual Property;
(b) any use, downloading, copying, adaption, modification, communication or reproduction of any part of Rescue or the Intellectual Property is strictly prohibited unless necessary for and incidental to your access and use of Rescue; and
(c) you must not otherwise copy, upload, communicate, modify, transmit, reproduce, distribute or in any way exploit any of the Site, the Content or the Intellectual Property or Services.
10.2 Certain software and other content provided or available through Rescue may be stated to be subject to special or additional rules or conditions which will form part of these Terms. \10.3 You agree to use the Rescue for lawful purposes only.
11 Copyright Infringement Claims
11.1 If you believe that any part of Rescue infringes your copyrighted work you must mail a signed Copyright Infringement Claim to:
Attn: Copyright Claims Officer
Northern NSW Helicopter Rescue Service Limited ABN 40 002 862 026
PO Box 230
NEW LAMBTON 2305
11.2 We will assess your Copyright Infringement Claim in good faith and notify you of any outcome. You agree that Our determination of any Copyright Infringement Claim is final and no correspondence will be entered into.
12 Modifying and terminating Rescue
12.1 We reserve the right to modify, update or terminate Rescue or any part of Rescue at any time and at Our absolute discretion, without notice or liability to you.
12.2 Any change or modification to Rescue or these Terms is effective immediately upon them being posted on Rescue. If any such change or modification is unacceptable to you, you must not use the Site. If following any such change or modification you continue to use the Site, Services or Content, then you will be deemed to have accepted those changes or modifications.
13.1 We have no control over and are not responsible for the content of any third-party:
(a) site for which a hyperlink is provided or displayed on Rescue;
(b) site framed within Rescue; or
(c) advertisements displayed on Rescue.
13.2 We expressly disclaim (and do not endorse or verify) the accuracy or reliability of content on third-party websites described in clause 13.1.
13.3 Hyperinks are provided on Rescue for your convenience only and may not be current or operational. Our use or inclusion of a hyperlink on Rescue is not an endorsement, approval or recommendation of the linked website or its content.
13.4 We are not responsible for the content or privacy practices associated with third-party websites and accessing these sites you should read their terms, conditions and privacy statements. Your use of or reliance on any third-party website is at your own risk absolutely.
14.1 We make no representation and give no warranty or undertaking (express or implied) as to the currency, accuracy, completeness, effectiveness or reliability of Rescue or the Content for any particular purpose or specific business.
14.2 We disclaim any and all responsibility or liability for any loss, damage, injury or other claim whatsoever for any outcome arising from your reliance upon Rescue or Rescue’s inability to meet your needs.
14.3 Your use of and your reliance upon Rescue is entirely at your own risk. When using Rescue, information will be transmitted over a medium which may be beyond Our or Our suppliers’ jurisdiction or control. Information and files available from Rescue cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any Content you may transmit to Rescue.
14.4 We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of Rescue which is beyond our direct control. For the avoidance of doubt We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of Rescue.
15.1 To the fullest extent permitted by law:
(a) all conditions and warranties concerning Rescue (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded and in respect of those statutory warranties which can not be excluded for any Products or Services provided by Us, Our liability to you is limited to the remedies contained in the Australian Consumer Law, which you agree is your only remedy;
(b) in no event will We, Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on Rescue be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from the use of or inability to use Rescue, whether arising under statute or in contract, tort or any other legal doctrine, and whether or not We are or ought to have been aware of, or advised of the possibility of such loss, costs or damages;
(c) We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of Rescue; and
(d) remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
16.1 To the extent that any part of these Terms are invalid, unenforceable, illegal, void or voidable for any reason, then these Terms will be construed and be binding as if the invalid, unenforceable, illegal, void or voidable part had been deleted from them or read down to the extent necessary to overcome the difficulty.
16.2 Our waiver of any breach or a failure to enforce or to insist on the observance of a condition of these Terms will not be a waiver of any other or of any subsequent breach.
16.3 We will not be responsible or liable for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any matter beyond its reasonable control including, without limitation, industrial disputes, internet and communications outages, fire, flood, war, explosion, accident or act of God.
16.4 These Terms are governed by and construed in accordance with the law of the State of New South Wales and the Commonwealth of Australia, and you irrevocably submit to the jurisdiction of the courts of that State and of the Commonwealth of Australia.
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