Terms of Website Use

Please read these terms and conditions carefully before using this website. This page (together with the documents referred to on it, including our Privacy Policy) govern your use of, and access to, our website, www.aerotruth.com. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. In addition to these terms of use, for certain users there are additional specific terms (including our Platform Terms and Terms of Engagement) which also form part of the terms of use and govern your use of, and access to, certain sections of this website. If you do not agree to these terms of use, please refrain from using our site.

www.aerotruth.com is a website and domain name operated by Aerotruth Pty Ltd (ACN 646 711 284) (“Aerotruth”, “we”, “us”, “our”). We are a company registered under the laws of Australia. Where appropriate, references to “we”, “us” and “our” in these terms of use shall include Aerotruth Pty Ltd, other members of our group of companies (if any) and third parties connected to us, including without limitation directors, officers, employees, partners, shareholders and agents of the foregoing.

We collect, process, use, disclose and manage information about you in accordance with our Privacy Policy as found on our website. By using our site, you consent to such collection, processing, use, disclosure and management. You are not permitted to establish a link to our site in any way. You may use our site only for lawful purposes. You also agree:

• not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms;
• not to attack our site via a denial-of-service attack or a distributed denial-of service attack; and
• not to access without authority, interfere with, damage or disrupt:
  • any part of our site;
  • any equipment, server or network on which our site is stored or any server, computer or database connected to our site;
  • any software used in the provision of our site; or
• any equipment or network or software owned or used by any third party.

By breaching this provision, you may be committing a criminal offence and we may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

The Aerotruth website may contain links to other websites operated by third parties (“Third-Party websites”). We do not endorse, or approve of, the operators of Third-Party websites, or the information or other material on those Third-Party websites (“Third-Party Material”).

Subject to any applicable law which cannot be excluded, we make no warranties or representations:

• regarding the quality, accuracy or fitness for purpose of Third-Party Material or products or services available through Third-Party websites; or
• that Third-Party Material does not infringe the intellectual property rights of any person. We are not authorising the reproduction of Third-Party Material by linking material on this website to Third-Party Material.

When you follow a link on our website, material at a Third-Party website may be displayed in your browser framed by material on this website. That material is also Third-Party Material for the purpose of these terms of use.

All offers to sell, and statements relating to goods and services available on Third-Party websites, are the responsibility of, and given by, the Third-Party website operator. We expressly disclaim any responsibility for any Third-Party website operators or Third-Party Material.

Excluding all Third-Party Material (for which we disclaim all liability or responsibility), we are the owner or the licensee of all intellectual property rights in our site, and in any material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

Any content on our site is provided on an “as is” basis, for general information only. It has not been audited or verified by any third party and is subject to change at any time, without notice (unless a notice period is otherwise stated). Although we make reasonable efforts to update any information provided for on our site, we make no representations, warranties or guarantees, whether express or implied, as to the condition, quality, accuracy, suitability, fitness for purpose, completeness, or freedom from viruses or bugs (you should use your own virus protection software) of the information contained on our site or that such content will be accurate, complete, up to date, uninterrupted or error free. We therefore disclaim all liability and responsibility arising from any use of or reliance placed on all content on our site by any visitor to our site, or by anyone who may be informed of any of its contents. We recommend that you seek independent advice before acting on material on this website.

We may change the content on our site at any time by publishing the varied terms of use or content on this website. You accept that by doing this, we have provided you with appropriate notice of the variation. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. We do not guarantee that our site, or any content on it, will be free from errors or omissions. We reserve any rights not expressly granted in these terms of use.

To the extent permitted by law, we, other members of our group of companies (if any) and third parties connected to us hereby expressly exclude:

• all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
• any liability whatsoever for any direct, indirect or consequential loss, and any other loss, fines or damage (including, without limitation, legal costs and defence or settlement costs) whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, and any materials posted on it or any Third-Party Material linked to it.

We will not be liable for any loss, fines or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it (including Third-Party Material), or on any website linked to it (including a Third-Party website).

Liability of Aerotruth, any member of our group of companies (if any) and third parties connected to us for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at our option, to the:

• resupply of the goods (if any) or services;
• repair of the goods (if any); or
• payment of the cost of having the goods (if any) or services supplied again or repaired.

We will determine, in our sole discretion, whether there has been a breach of these terms through your use of our site. If a breach of these terms has occurred, we may take such action as we deem appropriate in our sole discretion. We exclude liability for actions taken in response to breaches of these terms. All disclaimers and limitations of liability by Aerotruth and our group of companies will survive any termination of your access to this website.

You hereby indemnify and hold us, other members of our group of companies (if any) and third parties connected to us and our, it or their directors, officers, employees, partners and agents harmless from and against all liabilities, damages, losses, fines, costs and other expenses (including, without limitation, legal fees and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these terms or other liabilities arising out of your use of our site.

If any part of these terms of use is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that part shall, to the extent required, be severed from these terms of use and shall be ineffective without, as far as is possible, modifying any other part of these terms of use and this shall not affect any other provision of these terms of use, which shall remain in full force and effect.

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we may make, as they are legally binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Victoria, Australia. By using this site, you agree that the courts in Victoria, Australia will have exclusive jurisdiction over any claim arising from, or related to, a visit to or use of our site, although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other country.

If you have any concerns about material that appears on our site, please let us know by leaving a message on www.aerotruth.com.