Aerotruth Connect
Terms and Conditions

By accessing and using the online business partner search and introduction platform (“Aerotruth Connect”) provided by Aerotruth Pty Ltd (ACN 646 711 284) (“Aerotruth” or “we”), all users in their own right and as authorised representatives of any entity user (each a “User”,”you” or “your”) agree to be bound by these terms and conditions (“Terms”). These Terms (together with the Website Terms and Privacy Policy (the “Other Documents”) govern your use of, and access to, Aerotruth Connect. The Other Documents can be accessed at www.aerotruth.com. These Terms prevail in the event of any inconsistency between the Terms and the Other Documents.

Users may only gain access to use Aerotruth Connect if they, on their own behalf and/or on behalf of an entity User, have successfully registered as a user at www.aerotruth.com. Users may only use Aerotruth Connect strictly in accordance with these Terms. All rights not expressly granted to Users in these Terms are expressly reserved by Aerotruth. The permitted use of Aerotruth Connect is to enable Users to search for, and be connected to, prospective business partners. We grant you the right to use Aerotruth Connect for as long as you continue to pay the applicable fees and taxes, until your subscription is terminated, or your access is revoked.

Each User will be responsible for all activity that occurs through its use of Aerotruth Connect and the security of its passwords or credentials for the use of Aerotruth Connect. Entity Users are wholly responsible for their authorised User’s activities. Aerotruth shall not be liable for any content, representations, statements, services, products or other information or data posted into Aerotruth Connect by any User or any misuse by the User, or any third party, of the User’s credentials for the use of Aerotruth Connect.

Aerotruth takes data security very seriously. Aerotruth’s systems have been designed in accordance with ISO27001 and industry best practices.

This document sets out Aerotruth’s data security policies and procedures.

Any data stored with Aerotruth (including documents) is encrypted. Aerotruth controls the encryption keys used for this. Any data transmitted between a User and the Aerotruth system must be done over a secure connection. Aerotruth regularly reviews the protocols used in this encryption with the aim of ensuring they are consistent with current industry best practices.

All software changes are reviewed before being included in the system, and any changes that may impact security are reviewed by Aerotruth with the aim of ensuring they are consistent with best practices. All software changes run through a suite of automated tests before being included in the system, including tests to check the accessibility of data and permissions within the system. Aerotruth regularly reviews its infrastructure with its cloud providers with the aim of ensuring it meets security best practices.

Aerotruth’s response to a data breach would depend on the nature of the breach. If the breach was due to unauthorised account access, we would seek to immediately shut off access and take necessary steps to determine if any other accounts were compromised. In the case of a more substantial data breach, we have the ability to take our systems offline quickly to prevent access while we ascertain the nature of the breach and take appropriate steps. If a data breach were to occur, we would inform materially impacted Users as soon as practicable, along with what steps we are taking to limit damage and contain further breaches.

Aerotruth reserves the right to remove any content posted into Aerotruth Connect that it considers (in its sole discretion) to be offensive, objectionable or otherwise unlawful.

Upon registering with Aerotruth to use Aerotruth Connect, all Users agree to:

a.provide true, accurate, current and complete information about themselves as prompted by the Aerotruth Connect (as applicable) (“User Information”); and

b.promptly notify Aerotruth of any changes to their User Information in order to ensure that it remains true, accurate, current and complete.

No User may use Aerotruth Connect for any illegal or unauthorised purpose, or post any information or data that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property, proprietary or legal rights of any person or entity.

Users must not (and must ensure any User they authorise to use Aerotruth Connect does not) use Aerotruth Connect for any malicious purposes, including:

a.to introduce malicious programs into Aerotruth’s hardware and software or systems, including any viruses or malware through any channel;

b.to allow others who are not authorised to access or use the User’s account, password or authentication details to do so;

c.to carry out security breaches or disruptions of a network. This includes accessing data where the User is not the intended recipient or logging into a server or account that the User is not expressly authorised to access or corrupting any data (including network sniffing/monitoring, pinged floods, packet spoofing, denial of service and forged routing information for malicious purposes);

d.to use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person's use of Aerotruth Connect;

e.to circumvent user authentication or security of any of Aerotruth’s networks, accounts or hosts or those of members or suppliers;

f.to transmit, publish or communicate material that is defamatory, offensive, abusive, indecent, menacing or unwanted; or

g.if applicable, to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages, or use Aerotruth Connect in breach of any person's privacy (such as by way of identity theft or "phishing").

Users will honor their payment obligations and agree that Aerotruth may store Users’ payment information. There may be fees and taxes that are added to the fee for Aerotruth Connect. Unless provided otherwise in the Aerotruth Connect registration process, fees for Aerotruth Connect must be paid monthly in advance. Users agree to pay the applicable fees and taxes. Failure to pay these fees and taxes will result in the termination of the relevant Users’ access to Aerotruth Connect. Aerotruth may store and continue billing Users’ payment methods (e.g. credit card) even after it has expired, to avoid service interruptions. If a subscription to Aerotruth Connect is purchased, the relevant payment method will be automatically charged at the start of each subscription period for the fees and taxes applicable to that period. Each subscription is invoiced for a period of one month in advance. Unless cancelled, each subscription is automatically renewed and invoiced for a further period of one month in advance on the expiry of the previous one month period. While no refunds will be given, Users can avoid future charges by cancelling before a renewal date.

Users are solely responsible for paying all external fees and taxes associated with their use of Aerotruth Connect, wherever levied.

Users may only access Aerotruth Connect through standard means as approved by Aerotruth (in its sole discretion), and not via methods such as scraping, data mining, the use of a robot or spider, automation or any similar method of extraction or monitoring.

Any User that accesses and uses Aerotruth Connect on behalf of another person or entity confirms that he, she or it is fully authorised to do so and agrees to these Terms on that person or entity's behalf.

Aerotruth may provide any notices and messages to previous or existing Users via Aerotruth Connect, the Aerotruth website, or via the contact details most recently provided by the relevant User to Aerotruth.

All Users agree (and must ensure any user they authorise to use Aerotruth Connect agrees) that Aerotruth solely owns all of the intellectual property rights existing in Aerotruth Connect (and all improvements to the same).

The User must not and must ensure that any other person (including any user they authorise to use Aerotruth Connect) does not use Aerotruth Connect in any way that:

a.breaches or infringes any person’s rights or causes Aerotruth to breach or infringe any person’s rights;

b.breaches any intellectual property rights, whether directly or indirectly, including to (unless authorised under these Terms or Aerotruth otherwise provides its prior written consent):

i.copy, modify, adapt, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble or decompile Aerotruth Connect (or any part of Aerotruth Connect) or otherwise attempt to discover any part of the source code of Aerotruth Connect;

ii.use any unauthorised, modified version of Aerotruth Connect, including (without limitation) for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to Aerotruth Connect;

iii.use Aerotruth Connect in a web-enabled form for the purposes of third-party analysis or view via the internet or other external network access method;

iv.rent the use of Aerotruth Connect to any third parties or sell, transfer, or distribute any or all of Aerotruth Connect.;

v.take any action that may compromise or jeopardise Aerotruth’s intellectual property rights in Aerotruth Connect or otherwise;

vi.remove or deface any confidentiality, copyright or other proprietary notice placed on Aerotruth Connect; or

vii.use Aerotruth Connect in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing.

Each User indemnifies, and will keep indemnified, Aerotruth against all forms of claim, liability, actions, proceedings, damages, demands, costs (including legal costs), charges, loss and expenses which Aerotruth may incur or be subject to or suffer as a result of the User’s:

or arising out of, or in connection with, a third-party claim against us relating to your use of our services or any third-party product.

Each User must report to Aerotruth the disclosure or suspected disclosure of the User’s credentials, or the theft, loss, abuse, change, interference with or replication of any of the User’s devices used to access Aerotruth Connect, as soon as the User is aware of, or suspects, such disclosure has occurred. Each User is responsible for use of Aerotruth Connect up until the time we receive the User’s report of such an occurrence, and any failure by the User to report any such occurrence may increase the User’s potential liability for losses from unauthorised transactions or losses to Aerotruth arising from such breach.

Each User is responsible to Aerotruth for all liabilities we incur directly or indirectly in relation to the User’s use of Aerotruth Connect or use of any service provided by Aerotruth. To the full extent permitted by law, each User releases and indemnifies Aerotruth for any and all such liabilities, except to the extent they arise directly from Aerotruth’s wilful default or fraud. Aerotruth is not responsible for the consequences of anything beyond our reasonable control.

Where any applicable laws imply into the Terms any term, condition or warranty in respect of the services provided by Aerotruth, our liability for any such breach of any term, condition or warranty shall be limited (to the full extent permitted by the law) at our option, to any one or more of the following:

a. the re-supply of the services; or

b. the payment of the cost of having the services supplied again.

Each User is solely responsible for any consents and notices required to permit User to use Aerotruth Connect and Aerotruth storing and processing data or information provided by the User (including User data, if applicable) under the Terms. Where User has provided information or data about User or any third party to Aerotruth, User warrants that User has either obtained their consent or has provided them with notice of User’s disclosure of their information to Aerotruth, and provided them with a copy of Aerotruth’s privacy policy which can be found at: www.aerotruth.com.

Aerotruth reserves the right to amend these Terms from time to time. Material changes to these Terms will become effective 30 days after they are posted, except to the extent the changes are required by applicable law, in which case they will be effective immediately. A User's continued use of Aerotruth Connect after such change will constitute the User's consent to such changes.

Aerotruth is permitted (in its sole discretion) to alter, suspend, discontinue or restrict access to Aerotruth Connect with or without notice to Users and shall incur no liability for doing so. Each User agrees that Aerotruth may take any measures that we deem appropriate in the interests of maintaining the integrity of our security and of Aerotruth Connect.

No User may publish or use Aerotruth's trade marks, brand, branding or logos except with Aerotruth’s prior written consent.

Aerotruth will try to promptly address (during normal business hours in the governing law jurisdiction noted in the Terms of Engagement) all technical issues that arise on Aerotruth Connect. However, Aerotruth will not be liable for any loss or damage suffered as a result of any partial or total breakdown of Aerotruth Connect or any technical malfunctions on it, Aerotruth Connect being unavailable or performing slowly, any User data loss or any viruses or other forms of interference that may damage any User's computer system.

Unless expressly stated otherwise by Aerotruth, any link on Aerotruth Connect to other websites or apps does not imply any endorsement, approval and/or recommendation of those sites, their operators or their products and/or services.

Users’ use of content and information posted or referred to on Aerotruth Connect by other Users, is at the relevant User’s own risk. Others may offer their own products and services through Aerotruth Connect, and Aerotruth does not endorse and is not responsible for those third parties or their third-party products and services. Aerotruth is not responsible for others’ content or information, and those third parties are responsible for any content or information they provide or representations they make. By using Aerotruth Connect, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Aerotruth cannot always prevent this misuse of Aerotruth Connect, and is not responsible for any such misuse.

Aerotruth makes no representation or warranty that Aerotruth Connect is appropriate or available for use in all countries or that it satisfies the laws of all countries. All Users are responsible for ensuring that their access to and use of Aerotruth Connect is not illegal or prohibited in their relevant country.

Aerotruth has the right to limit how you connect and interact on Aerotruth Connect and reserves the right to limit Users’ use of Aerotruth Connect, including the number of your connections and Users’ ability to contact other Users. Aerotruth reserves the right to restrict, suspend, or terminate a User’s subscription for any breach of contract or law or for any misuse of Aerotruth Connect.

Nothing in these Terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other User of Aerotruth Connect. You are solely responsible for resolving disputes between you and any other User of Aerotruth Connect.

Aerotruth will not be deemed to have waived any right under these Terms unless the waiver is in writing and signed by Aerotruth. A failure to exercise or delay in exercising any right by Aerotruth under these Terms will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision in these Terms.

No User shall be permitted to assign or transfer any of their rights or obligations under these Terms without Aerotruth’s prior written consent (such consent will not be unreasonably or arbitrarily withheld or delayed). Aerotruth may, at any time, assign or transfer any of its rights or obligations under these Terms with notice to the User (and without the User’s consent).

If any provision in these Terms becomes invalid or unenforceable, the remainder of these Terms will remain valid and enforceable to the fullest extent permitted by law.

These Terms will be governed by and construed in accordance with the laws of Victoria, Australia.