Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

This website is operated by AirKeeper.

By accessing or using the AirKeeper websites or services, or the mobile versions of either, (collectively the “Website”) you (refereeing to you and anyone acting on your behalf or with your authority) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”) and any other applicable law, whether or not you are a registered customer of Airkeeper. Airkeeper may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. You agree to review these Terms of Use regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.


Ownership and Operation
AirKeeper Pty Ltd is operated by F. C. Kraut and A. Famularo. Airkeeper registred in Australia,  ABN 31 606 433 961.


Registration

In return for permitting you to use any of the Airkeepers websites and benefiting from our services, you agree that any information you provide to us about yourself at any time will be true, accurate, current and complete and that you will ensure that this information is kept accurate and up to date. If incorrect information is supplied, any contractual obligation AirKeeper has is immediately null and void.


Amending the Terms And Conditions of Use

AirKeeper reserve the right to add to, amend, change or remove any part of these Terms and Conditions at any time. When material changes are made to the Terms and Conditions. By continuing to use this website after the publication of such changes, you are indicating your acceptance of those changes. AirKeeper

may add, change, discontinue, remove or suspend any other content displayed on this website, including features and specifications of products and services described or depicted on the website, temporarily or permanently, at any time, without notice and without liability.


Site Usage

You agree that you will only use our website in a way which is consistent with the Terms and Conditions and which complies with applicable laws and regulations. In particular you agree that you will not use this website to upload or send any material which contains software viruses or other codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt this website. You acknowledge that this website and any services that you obtain from our website are provided for your personal use only and may not be used for any commercial purposes or distributed commercially without our permission.


Images

The majority of the images displayed on AirKeepers websites and in advertisements and catalogues have been created by our own photographers. Therefore using them for personal purposes or displaying them for commercial purposes or copying them in any shape or form will infringe with our ownership rights


Indemnification

You agree to indemnify, defend, and hold harmless AirKeeper, its officers, directors, employees, agents, licensor’s and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of these Terms of Use, any law or the rights of any third party.


Liability

AirKeeper will endeavour to ensure that this website is fully operational at all times. However we cannot guarantee that the website will be fault free. In particular, access to this website may be interrupted or restricted to allow for emergency or routine repairs or maintenance to be carried out or the introduction of new facilities or services.

Further, by using this website and any sub-site, you acknowledge and agree that the Internet uses elements and relies upon services, input and facilities which are not within the control of AirKeeper and if AirKeeper is totally or partially prevented or delayed in the performance of any of its obligations in providing a particular service, such a situation will constitute a ‘force majeure’ and AirKeeper shall be excused the performance for so long as such a situation endures.

For the purposes of these Terms and Conditions, the term ‘force majeure’ shall be deemed to include any cause affecting the performance by AirKeeper of its obligations arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of AirKeeper and in particular, but not by way of limitation, shall include strikes, lock-outs, other industrial action, actual or threatened terrorist action, civil commotion, riot, crowd disorder, invasion, war, threat or preparation for war, fire, technical or power failure, software, hardware or telecommunication or other network failures, interruptions, disruptions or malfunctions, explosions, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural or physical disaster, any legislation, regulation, rule or ruling of government, court or any competent authority.

AirKeeper reserves its right to restrict, suspend or terminate your use of this website or any of our services at any time if we believe, in our absolute discretion, that you have breached these Terms and Conditions.

You agree to indemnify, defend and hold AirKeeper, all of their associate companies, their directors, employees, information providers, licensor’s and licensees, officers and partners, (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs (including, without limitation, legal fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions. You will co-operate as fully as reasonably required by Airkeeper as the case may be, in defense of any claim. AirKeeper reserves the right, at their own expense, to assume the exclusive defense and control of any matter and you shall not in any event settle any matter without the written consent of Airkeeper.

Alterations We may amend this website and our services in any way and at any time with or without notice to you.


Complaints and Comments

If you have any complaints or comments about our website or any of the products supplied to you, please contact AirKeeper by emailing info@airkeeper.com.au. Please allow 48hrs for us to respond to website comments and emails.


Miscellaneous

The Terms and Conditions together with our Privacy Policy contain the full and complete understanding between AirKeeper and you. No advice or information, whether oral or written, obtained by you through or from the website or from any conversations with our staff will operate to vary these terms and conditions.

The Terms and Conditions together with our Privacy Policy and all contracts made under them shall ensure for the benefit of any successors and assignees of AirKeeper.


Email Subscription

In situations where AirKeeper gives you the option to subscribe to its email service which will update you with news or information which it considers to be of interest to you, your use of the content received through the email service will be subject to these Terms and Conditions.


Website Use Restrictions

You may use the Content only for your own non-commercial use to participate in the Website or to engage the services of AirKeeper. Any other use is prohibited unless agreed to by AirKeeper in writing. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Website, including User Generated Content, without the prior written consent of AirKeeper, unless it is your own User Generated Content that you legally post on the Website. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.


Limitation of Liability

To the fullest extent permitted by applicable laws, none of AirKeeper nor any of their respective directors, employees, affiliates or other representatives will be liable for loss or damages arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through this website, including, but not limited to, indirect or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties, even if AirKeeper have been advised of the possibility of such loss or damages or such loss or damages were reasonably foreseeable. If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall AirKeeper total liability to you for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this website.


Governing Law

These Terms and Conditions and any contracts made under them are governed by and shall be governed and construed in accordance with the laws of Australia whose courts shall be courts of exclusive competent jurisdiction. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Customers who access this website from locations outside Australia do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent that any local laws are applicable. Nothing in these Terms shall in any way be deemed to restrict or affect your statutory rights under Australian law.


Termination

AirKeeper reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. AirKeeper also reserves the right to block users from certain IP addresses and prevent access to the Website.


Force Majeure

Airkeeper shall not be liable for any failure to perform its obligations where such failure is a result of acts of Nature (including fire, flood, earthquake).

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