Terms and conditions

Terms and Conditions for ordering from Online Store

The following terms and conditions apply to Purchasers. By proceeding with an order, Purchasers agree to be bound by them.

Definitions

1.       In this Agreement, the following terms have the following meanings:

(a)      Agreement means these terms and conditions;

(b)      CASA means the Civil Aviation Safety Authority and its agents and contractors;

(c)       Communicate has the same meaning as in section 10 of the Copyright Act;

(d)      Copyright Act means the Copyright Act 1968 (Cth.);

(e)      Intellectual Property Rights include copyright, registered and unregistered trade marks (including service marks) and registered and unregistered designs, whether or not such rights are registered or capable of being registered;

(f)       Policies mean the Delivery Policyand the Returns and Refunds Policyfound elsewhere on the Online Store;

(g)      Purchaser means any person wanting to obtain Products;

(h)      Product means any good or service offered by, or obtained or distributed from, the Online Store;

(i)        Promote, in relation to Products, includes using Products to enhance the demand for other goods and services;

(j)        Redistribute includes offer for redistribution;

(k)      Resell includes offer for resale, whether through an online auction site or otherwise;

(l)        Reproduce in material form has the same meaning as in section 21 of the Copyright Act;

(m)    Online Store means this website; and

(n)      Safety Information Product is a Product that is primarily intended to provide aviation safety information.

Interpretation

2.       In this Agreement, unless the contrary intention appears:

(a)      words in the singular number include the plural and words in the plural number include the singular;

(b)      words importing a gender include any other gender;

(c)       words importing persons include a partnership and a body whether corporate or otherwise;

(d)      clause headings are inserted for convenience only, and have no effect in limiting or extending the language of provisions, except for the purpose of rectifying any erroneous cross-reference;

(e)      all references to clauses are to clauses of this Agreement;

(f)       reference to any statute or other legislation (whether primary or subordinate) is to a statute or other legislation as in force from time to time; and

(g)      where any word or phrase is given a defined meaning, any other part of speech or other grammatical form in respect of that word or phrase has a corresponding meaning.

Permitted uses

4.       Purchasers may only use the Products for personal purposes, for non-commercial use within their organisation, or for educational purposes permitted under the Copyright Act.

Prohibited uses

5.       A Purchaser must not, without CASA’s prior written consent, –

(a)      Resell Products or allow them to be resold;

(b)      Redistribute Products or allow them to be Redistributed;

(c)       use Products for advertising, promotional or any other commercial purposes (including competitions); or

(d)      use Products so as to represent that the Purchaser has any affiliation with or endorsement from CASA that it does not have.

6.       Other than uses permitted under the Copyright Act, a Purchaser must not, without CASA’s prior written consent, –

(a)      modify or adapt a Product;

(b)      Reproduce a Product in material form;

(c)       publish a Product; or

(d)      Communicate a Product to the public.

7.       Where CASA reasonably believes that a Purchaser intends to use a Product for a purpose prohibited by clauses 5 or 6, it may –

(a)      cancel that Purchaser’s order; and

(b)      refuse to accept future orders from that Purchaser.

CASA warranty

8.       CASA warrants that by using the Products in accordance with this Agreement, the Purchaser will not infringe any third party’s Intellectual Property Rights.

Limited warranties and liability

9.       The Purchaser acknowledges that CASA provides Safety Information Products as information only and they are not designed to be used in place of the appropriate civil aviation regulations, orders, advisories or operational information.

10.   CASA makes no warranty that:

(a)      the information in the Products or on the Online Store will be current, accurate or complete; or

(b)      to the extent that access to the Products relies on software, that access will be uninterrupted, timely, secure or error-free.

11.   CASA will not be liable for any loss or damages arising from the use of any Safety Information Product –

(a)      other than for information only; or

(b)      that has been modified or adapted for a purpose other for its original purpose to provide information only.

12.   Subject to clauses 8 and11, CASA will not be liable for any damages (whether direct or indirect) arising from the use of –

(a)      any Product; or

(b)      any information on or made available through the Online Store.

Transfer of risk
13.   The risk of loss for Products passes to the Purchaser when CASA delivers them to the carrier.

Severability

14.   A provision (or part of a provision) of this Agreement that is unlawful or unenforceable may be severed from this agreement and the remaining provisions (or parts of the provisions) of this Agreement continue in force.

No merger

15.   The rights and obligations of the parties under this Agreement do not merge on completion of any transaction contemplated by this Agreement.

Waiver
16.   Waiver of the requirements of any provision or of any rights or obligations under this Agreement:

(a)      must be in writing signed by the party entitled to the benefit of that provision, right or obligation; and

(b)      is effective only to the extent set out in any written waiver.
Assignment and novation
17.   A party may only assign its rights, or novate its rights and obligations, under this Agreement with the prior written consent of the other party.

Other agreements

18.   This Agreement applies in addition to terms and conditions imposed by the Policies.

19.   This Agreement and the Policies –

(a)      represent the entire agreement between the parties with respect to their subject matters; and

(b)      supersede all previous agreements or understandings between the parties in connection with those matters.

Governing law

20.   This Agreement is governed by the law of the Australian Capital Territory and the parties submit to the non‑exclusive jurisdiction of the courts of that jurisdiction.

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