TERMS AND CONDITIONS - PERFORMANCE MARKETERS
The www.dronesforhire.com.au website is owned and operated by Performance Marketers Pty Ltd (ABN 241 448 595 49) (performancemarketers.com.au) ("Performance Marketers"). Before you begin to use the services on the website, we need to outline to you for you to read and understand the Terms and Conditions of your use of the website and Performance Marketers services ("Terms and Conditions"). The Terms and Conditions, together with any additional terms, conditions, notices and disclaimers published on the website from time to time and any documents available for download on the website regulate your use of the website and Performance Marketers services. By completing the 'Sign up' webpage (becoming a "Service Provider"), by submitting an inquiry to a Service Provider (becoming a "Service User"), or by accessing the website in any way you agree to be a user bound by the Terms and Conditions below. If you do not agree to the Terms and Conditions you must not use the website. Your continued use of the website will be deemed to constitute your acceptance of the Terms and Conditions. If hyperlinks and other redirection tools taking the user to other websites operated by third parties appear on the website ("Third Party Websites"), you acknowledge that such Third Party Websites are not controlled by Performance Marketers and do not form part the Performance Marketers website. You agree that you will not hold Performance Marketers liable for anything that occurs on Third Party Websites and release and indemnify Performance Marketers from any claim arising out of or in connection with your use of Third Party Websites. From time to time the website will generate automated emails to Service Providers, or Service Users will send emails and messages to one another through the website. Emails sent by the website or through the website are considered part of the Performance Marketers website.
1. GENERAL INFORMATION ONLY
The information, opinions and other similar statements and content published on the website are provided for information purposes only and are not intended as, nor do they constitute legal, financial, taxation, technical or expert advice and should not be relied upon by you in any way without undertaking your own independent verification. Information provided on the website has been derived from sources believed to be accurate at the time of compilation and no warranty or representation is made as to the accuracy or authenticity of the content of the website. Performance Marketers and its directors, agents, 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. Performance Marketers does not make any representation or warranty that: (a) a Service Provider or Service User is reputable or will act in good faith; (b) a Service Provider or Service User will act according to their terms of engagement; (c) any information on the website is complete, reliable or accurate; or (d) your access to the website is safe, secure, available or uninterrupted. Performance Marketers disclaims and will not be liable for loss arising out of (whether directly or indirectly) any action or decision by you in reliance on the information on or provided to you through the website or provided by any business you engage on the website, nor any interruption, delay or impairment in the functioning, operation or availability of the website, exposure to or transmission of any computer virus, internet access difficulties in connection with the website, or malfunction in equipment or software. As a user of the website, you should make your own inquiries and obtain independent advice based on your specific circumstances prior to making any decisions. Specifically, you should seek legal or other professional advice before acting or relying on the information set out on or provided to you through the website or provided by any business you engage on the website.
2. USER INFORMATION
2.7 Accessing Personal Information You have the right to seek access to the personal information Performance Marketers holds about you and to advise Performance Marketers of any inaccuracy. There are some exceptions to this right set out in the Privacy Act. If you make an access request, Performance Marketers will ask you to verify your identity and specify what information you require. Performance Marketers may charge you a fee to cover the costs of meeting your request. 2.8 Licence to Use Your Information Solely to enable Performance Marketers to use the information you supply us with, so that we are not violating any rights you have in that information, you agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information in any format (including, but not limited to, any text, photographs, graphics, video or audio). You agree that Performance Marketers can use that content in any way (including in no way at all), now and in the future. 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. You indemnify Performance Marketers against any and all legal fees, damages and other expenses that may be incurred by Performance Marketers as a result of a breach of this warranty. Performance Marketers will only use your information in accordance with these Terms and Conditions.
3. YOUR CONDUCT
As a condition of your use of the website or any service provided by Performance Marketers, you warrant to Performance Marketers 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 to abide by all applicable laws and regulations and you agree: (a) not to use the website to offend others (which shall be judged in the absolute opinion of Performance Marketers); (b) not to publish, or in any way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of Performance Marketers); (c) not to engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the website; (d) not to use automated scripting tools or software; (e) not to use the website to make available any material you do not have a right to make available including any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other software or hardware; or breach any laws or regulations applicable to your use of the website; (f) not to use the website to supply another service, or to obtain information which you either incorporate into your service or product to enhance your service or product or your business in any way such as creating potential customer lists. Any commercial use of the website requires the prior written approval of Performance Marketers; and (g) not to use the website in any manner whatsoever that is inconsistent with a lawful request or direction made by Performance Marketers. Performance Marketers has no obligation to monitor your or anyone else’s use of the website. However, Performance Marketers reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
4. GENUINE INQUIRIES ONLY
Service Users agree that any request they submit on the website must be genuine and a legitimate consumer inquiry. To the extent that a request is not genuine, you release and indemnify Performance Marketers against any and all legal fees, damages and other expenses that may be incurred by Performance Marketers. Service Providers irrevocably acknowledge that Performance Marketers is unable to verify whether or not a Service User inquiry is a genuine and legitimate consumer inquiry. Service Providers shall not hold Performance Marketers in any way responsible for Service User inquiries that are not genuine and legitimate consumer inquiries.
5. USER INDEMNITY AND ACKNOWLEDGMENT
You will at all times indemnify, and keep indemnified, Performance Marketers and its directors, officers, employees, agents and related bodies corporate (as that term is defined in the Corporations Act 2001) from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by Performance Marketers arising from any claim, demand, suit, action or proceeding by any person against you or Performance Marketers where such loss or liability arose out of, in connection with or in respect of: (a) your use of the website; (b) your conduct; (c) your breach of these Terms and Conditions; or (d) any arrangements, transactions, or other acts you enter into or are directly or indirectly involved in as a Service Provider or a Service User (as the case may be and irrespective of whether or not you were in fact a Service Provider or Service User at the relevant time).
6. LIMITATION OF LIABILITY
The Australian Consumer Laws grant you certain rights and protections related to the provision of goods and services that no one can exclude. Nothing in these Terms and Conditions can exclude or restrict the application of such laws but, to the extent that it can under these laws, Performance Marketers does not give any guarantee or warranties or make any representation of any kind, express or implied, with respect to use of this website outside these consumer laws. Subject to claims available under consumer protection laws, neither Performance Marketers nor its related bodies corporate (as that term is defined in the Corporations Act 2001) is liable: (a) to you or anyone else (including for negligence, breach of contract or tort) for any loss or damage (including any form of consequential loss such as any third party loss, loss of profits, loss of revenue, loss of opportunity, loss of anticipated savings, pure economic loss and any increased operating cost) however caused and which is suffered directly or indirectly in connection with your use of this website or in respect of any arrangements, transactions, or other acts you enter into or are directly or indirectly involved in that come about as a result of your use of this website. (b) for disruptions to this website; and (c) to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external website. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer systems. For claims that cannot be excluded or restricted under consumer protection laws, the liability of the Performance Marketers for such a claim will (at Performance Marketer’s option and to the extent permitted by law) be limited to: (a) in the case of goods: (i) repairing or replacing those goods; or (ii) paying the cost of having those goods repaired or replaced; and (b) if the breach relates to services: (i) resupplying those or equivalent services; or (ii) paying the cost of having those services resupplied.
You irrevocably acknowledge that Performance Marketers is not involved in the actual transaction between Service Providers and Service Users who contract their services after first being introduced via the website and that that any legal relationship between a Service Provider and a Service User arising out of or in connection with the use of this website shall be governed exclusively by separate agreement between such parties. Performance Marketers shall not be a party to those arrangements and shall not be liable for any claim, demand, suit, action or proceeding by any person in connection with such arrangements. Performance Marketers has no control over the quality, safety or legality of the items or content posted on the website by any user, the truth or accuracy of any posting, the ability of businesses to provide services or the ability of customers to buy services. We cannot censure and do not guarantee that a Service Provider or Service User will actually complete a transaction or act lawfully in using the website. Performance Marketers cannot and does not confirm each Service Provider's or Service User’s purported identity or make any representation in respect of it whatsoever. In the event that you have a dispute with one or more users of the website, you release Performance Marketers (and our directors, agents, contractors, affiliates, parents, subsidiaries, and employees), from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute. Performance Marketers sends emails and notices regarding the status of your matters and your user account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate (including monitoring the status of, and complying with all relevant legal and other obligations). We do not control, endorse or approve the services provided by any users of the website. You acknowledge and release Performance Marketers in the event that you deal with underage persons or people acting under false pretence.
8. NO AGENCY
You and Performance Marketers are independent entities and no agency, partnership, joint venture, employee-employer, franchisee-franchisor relationship or implied duty of good faith is created or intended by these Terms and Conditions, your use of the website or your use of Performance Marketers services.
9. CASA (CIVIL AVIATION SAFETY AUTHORITY) CERTIFICATION
Subject to clause 9.2, only organisations which have a RPA Operator's Certificate - ReOC (also known as Unmanned Operator's Certificate - UOC) from CASA (Civil Aviation Safety Authority) may become Service Providers. Performance Marketers will use reasonable endeavours to ensure that all Service Providers hold a valid ReOC but makes no representation or warranty that a Service Provider does in fact hold a valid ReOC. Service Users should make their own inquiries to ascertain whether or not a particular Service Provider holds a valid ReOC |
Organisations which operate ‘Very Small Remotely Piloted Aircraft’ (VSRPA) weighing less than 2 kg may become Service Providers without certification. Performance Marketers will use reasonable endeavours to ensure that all Service Providers which Operate VSRPA’s comply with all applicable laws and regulations and only operate under standard RPA operating conditions, but makes no representation or warranty in this regard. Service Users should make their own inquiries to ascertain whether or not a particular VSRPA Service Provider is operating in standard RPA operating conditions.|
Performance Marketers encourages Service Providers to maintain certain insurance policies including, but not limited to, public liability and aviation insurance. While Service Providers may indicate that they maintain insurance in respect of their operations, Performance Marketers makes no representation or warranty that a Service Provider does in fact hold such insurance. Service Users should make their own inquiries to ascertain whether or not a particular Service Provider holds the relevant insurance.
11. FEEDBACK RATINGS & COMMENTS
Performance Marketers allows users of the website to rate and comment on the performance of Service Provider’s whose business services they have contracted, and permits Service Providers to suggest specific feedback from a Service User for publication on the website. Performance Marketers reserves the right to publish or not to publish those ratings and comments (feedback) on the website at its absolute discretion. Performance Marketers reserves the right to delete or modify feedback submitted on the website at any time for any reason. Performance Marketers will delete or modify if it is clear that, in the opinion of Performance Marketers, the feedback is factually incorrect or does not relate to the provision of business services by the Service Provider to the user who submitted feedback. If a Service Provider suggests specific feedback from a Service User for publication on the website, Performance Marketers will not publish that material suggested by the Service Provider without the written approval of the Service User. Performance Marketers reserves the right to aggregate each businesses feedback into a percentage score and publish that score on the website. In Australia and other countries, feedback may be considered defamatory of the reputation and standing of individuals and businesses. You acknowledge and agree that Performance Marketers accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the website or approved by you for publication on the website, and you, by these Terms and Conditions, release forever and indemnify Performance Marketers from any liability it may incur arising out of (whether directly or indirectly) any feedback you post or approve for posting on the Performance Marketers website. Further you agree that, if you or anyone else commences or threatens any action or proceeding against Performance Marketers or makes any claim or demand against Performance Marketers as a result of any feedback you submit to the website or approve for publication on the website, Performance Marketers may, in its absolute discretion, without any notice to you immediately cancel or suspend your membership of the website.
12. BREACHING OUR TERMS AND CONDITIONS
Without limiting other remedies available to Performance Marketers at law, in equity or under these Terms and Conditions, we may, in our sole discretion, immediately issue a warning, temporarily suspend or terminate your membership and refuse to provide services to you without giving reasons for doing so.
13. TERMINATION OF YOUR ACCOUNT
Performance Marketers may at its discretion terminate your use of, or access to, the website at any time and for any reason. If this happens we may notify you by email. If your use of the website is terminated: (a) you are no longer authorised to access the website or use any other Performance Marketers services; (b) you will continue to be subject to and bound by all restrictions imposed on you by the Terms and Conditions; and (c) all licences granted by you and all disclaimers by Performance Marketers and limitations of Performance Marketers' liability set out in the Terms and Conditions or elsewhere on the website will survive.
14. CUSTOMER SUPPORT & COMPLAINTS
Performance Marketers makes a considerable investment in staff and technology to help answer customer support questions and respond to complaints. Our staff will endeavour to process questions or complaints from Service Providers on the following basis: (a) Performance Marketers will attempt to resolve any customer complaints and answer any questions within 3 business days of the first contact made by a customer by email to [email protected]
(b) All complaints and inquiries are logged and managed by the Performance Marketers Customer Relationship Management system. (c) Technical complaints or product development suggestions will be considered for future software upgrades. Your suggestions may not result in changes to the software or Performance Marketers business practices. (d) All other complaints are reviewed by Performance Marketers customer support representatives and may be escalated to a manager for resolution if required. (e) Performance Marketers reserves the right not to respond to customer support questions or complaints that offend Performance Marketers employees or agents. (f) Performance Marketers reserves the right not to respond to questions or complaints made by individuals who, in the sole opinion of Performance Marketers, are not current users of the website, or have been suspended from using the website.
15. DISPUTE RESOLUTION
15.1 Mediation Performance Marketers will use reasonable endeavours to mediate any dispute concerning the use by parties of the website or controversy or claim arising out of or in connection with these Terms and Conditions. 15.2 Arbitration If a matter is not resolved through Mediation it may, at our discretion, be settled by binding arbitration through a commercial dispute resolution centre selected by us. You agree to be bound by the ruling of such arbitration. The costs of the dispute are borne by the originator of the dispute. 15.3 Third Party Disputes in relation to the actual services carried out by a Service Provider or any other issue will be referred, where appropriate, to external dispute resolution services or authorities. You release and indemnify Performance Marketers from all costs and liabilities arising out of or in connection with such disputes.
16. CANCELLATIONS OF SERVICE PROVIDER MEMBERSHIPS
Service Providers can cancel their account at any time by sending an email to [email protected]
from the email address they use as their username to access the site. Service Providers that have prepaid for any length of time will not be refunded for the unused portion of their membership in accordance. Paying businesses who are billed on a recurring cycle will not be charged further provided they cancel online or advise Performance Marketers of their intention to cancel their membership before 5pm on the last business day before their next membership payment is due.
Refunds will be given at the sole discretion of Performance Marketers. If you are given a refund it will be paid within 60 business days via the same method the payment to be refunded was made to Performance Marketers in the first instance. Service Providers who claim a refund from their credit card provider or bank without contacting Performance Marketers first will have their paid membership immediately suspended. Performance Marketers may issue an invoice to recover up to the full value of any unauthorised refund to the relevant Service Provider. Performance Marketers may contract a debt collection agency or use other legal means to recover unauthorised refunds. Performance Marketers may charge you interest plus any costs we incur as a result of collecting your payment.
18. UPDATES TO THE WEBSITE
Performance Marketers may from time to time and at any time change or discontinue any feature of the website including content, hours or availability and equipment required for access.
19. PROMOTIONS & COMPETITIONS
If Performance Marketers runs promotions or competitions involving the awarding of prizes or other gifts, Performance Marketers may modify the Terms and Conditions and implement additional terms, which may or may not be communicated to you by posting them on the website at the time of such promotions and competitions.
20. THIRD PARTY LINKS & ADVERTISING
Performance Marketers may display or include advertisements on this website or on associated media, which may or may not contain hyperlinks or buttons which take you to websites operated by third parties. Performance Marketers does not endorse or recommend its advertisers, their products or services, or the information, products or services of any website linked to the website. If you contact a third party through the website, including via email, Performance Marketers accepts no responsibility for any actions taken by that third party in connection with you as the user.
Except as explicitly stated otherwise, any notices shall be given by post to Performance Marketers, to Performance Marketers, 25 Glenview Street Paddington NSW 2021.
22. APPLICABLE LAW
The Terms and Conditions and all other specific and additional terms which govern your use and access to the website will be governed by the laws of New South Wales, Australia. You agree to submit to the jurisdiction of the courts of New South Wales, Australia.
The Performance Marketers website is © Copyright Performance Marketers Pty Ltd 2019.