Terms and Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

By linking to this website or following links held therein, you agree to Free Flight Emu’s Linking Policy.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our Free Flight Emu’s use of cookies in accordance with the terms of Free Flight Emu’s Privacy suite.

License to use website

Unless otherwise stated, Free Flight Emu and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and, unless otherwise specified, print pages or other content (of any medium) from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website (except for content specifically and expressly made available for redistribution).

Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Free Flight Emu’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Free Flight Emu’s express written consent.

Restricted access

Access to certain areas of this website is restricted.  Free Flight Emu reserves the right to restrict access to other areas of this website, or indeed this entire website, at Free Flight Emu’s discretion.

If Free Flight Emu provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Free Flight Emu may disable your user ID and password in Free Flight Emu’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Free Flight Emu a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Free Flight Emu the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Free Flight Emu or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Free Flight Emu reserves the right to edit or remove any material submitted to this website, or stored on Free Flight Emu’s servers, or hosted or published upon this website.

Notwithstanding Free Flight Emu’s rights under these terms and conditions in relation to user content, Free Flight Emu does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

No warranties

 This website is provided “as is” without any representations or warranties, express or implied.  Free Flight Emu makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Free Flight Emu does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Free Flight Emu will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Free Flight Emu has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Free Flight Emu’s liability in respect of any:

  • death or personal injury caused by Free Flight Emu’s negligence;
  • fraud or fraudulent misrepresentation on the part of Free Flight Emu; or
  • matter which it would be illegal or unlawful for Free Flight Emu to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Free Flight Emu has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Free Flight Emu’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Free Flight Emu’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Free Flight Emu.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Free Flight Emu and undertake to keep Free Flight Emu indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Free Flight Emu to a third party in settlement of a claim or dispute on the advice of Free Flight Emu’s legal advisers) incurred or suffered by Free Flight Emu arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Free Flight Emu’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Free Flight Emu may take such action as Free Flight Emu deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Free Flight Emu may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

Free Flight Emu may transfer, sub-contract or otherwise deal with Free Flight Emu’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and condition, together with relevant correspondence from Free Flight Emu, constitute the entire agreement between you and Free Flight Emu in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of New South Wales and the Commonwealth of Australia, and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of New South Wales.

Registrations and authorisations

Free Flight Emu is registered with the Australian Securities and Investments Commission.  You can find the online version of the register at https://www.asic.gov.au/online-services/search-asics-registers/.  Free Flight Emu’s Australian Business Number is 27 365 892 121.

Free Flight Emu’s details

Free Flight Emu is the registered trading name of Christopher Neil Walker.

Free Flight Emu’s registered address is withheld.

You can contact Free Flight Emu by email to legal@freeflightemu.com or Boom@freeflightemu.com.

Credit

This document was created using a Contractology template available at http://www.contractology.com.