Advertising Terms and Conditions
1 – What is the Effect of This Agreement
a) This Agreement applies to:
i) the publication by Planes N Hangars and/or its related bodies corporate of the advertisement submitted by you, the person named and described in the online application (You);
ii) the administration of Your account with Planes N Hangars; and
iii) the supply of any additional services (Services) by Planes N Hangars to You.
2 – Placing an Advertisement
a) In order to place an advertisement (Ad) for an item (Item) You must:
i) be 18 years or over;
ii) set up a membership with Planes N Hangars;
iii) be a private or non-commercial advertiser
a) You will not be considered a private or non-commercial advertiser by Planes N Hangars if you:
i) are a licensed dealer and intend to sell the Item featured in your Ad from your dealership; or
ii) advertise for sale any Item as an agent for its owner;
b) You may not be considered a private or non-commercial advertiser by Planes N Hangars if you:
i) advertise for sale more than 4 major items in any single category (such as aircraft, hangars) within any 12 month period;
ii) complete and submit the online application form (Application); and
pay the prescribed advertising fee.
3 – What You Must Do
a) You must :
i) comply with the terms and conditions set out in this Agreement;
ii) provide all information for Your Ad ( including any photographs ) in the form required by Planes N Hangars from time to time;
iii) describe the advertised Item accurately;
iv) comply with any relevant Planes N Hangars advertising policy;
v) if You are not the owner of any materials (for example, images or written descriptions of items) which You wish to include in Your Ad, obtain written permission from the owner of those materials to include them in Your Ad (and to grant Planes N Hangars the licence contained in clause 8 of these Advertising Terms and Conditions) before submitting the Ad to Planes N Hangars for publication;
vi) if requested, provide Planes N Hangars with proof of ownership of an Item, proof that an Item is in Australia or has been cleared by customs;
vii) maintain the confidentiality of all Your email and password information required to access your account and immediately change the password if it is lost, stolen or compromised in any way. You are responsible for all transactions entered into under Your email and password; and
viii) remove Your Ad if the advertised Item is:
a) sold; or
b) withdrawn by You from sale.
4 – What You Must Not Do
a) You must not offer for sale any Item:
i) not located in Australia unless approved by Planes N Hangars in writing;
ii) that is not immediately available for sale – such as an Item which you seek to auction or rent or an Item subject to syndication;
iii) that is not accurately described by the category in which it is advertised, for example only aircraft may be advertised in aircraft for sale and only hangars (and not, for example, houses) may be advertised in hangars for sale;
iv) that You are not the owner of; or
v) in all other cases, which You do not have the right to sell.
b) You must not submit an Ad which:
i) includes an offer of or referral to any services, for example finance;
ii) does not comply with all relevant laws;
iii) infringes the intellectual property rights of any person including any company or organisation;
is illegal, fraudulent, obscene, offensive, defamatory, or in any way unsuitable for people under the age of eighteen (18) years;
iv) is misleading or deceptive or likely to mislead or deceive (for example by including photos or text in Your Ad that do not match the Item);
v) comprise anything which may adversely reflect on Planes N Hangars or any website on which your ad is published; or
vi) include references or links to other websites or HTML enhancement text;
vii) offers more than one primary Item (such as a aircraft or hangar) in a single Ad; or
viii) includes your personal contact details (landline number, mobile number and/or email address) in any comments section of the Ad.
c) You must not alter or amend an Ad to describe or offer an Item that is different to the Item originally published.
d) You must not submit any international contact numbers in Your Planes N Hangars account information or Your Ad unless approved in writing by Planes N Hangars.
5 – Requirements for photographs included in Ads
a) Photographs submitted with Ads for publication must:
i) be current photographs of the actual Item for sale, such that the Item is shown in the same condition as it is anticipated that it will be delivered to the buyer;
ii) if the Item is registered (such as a registered aircraft) include at least one image in which the registration is clearly visible;
iii) not include any images of people;
iv) not be digitally altered;
v) not contain any watermarks; and
vi) be in jpeg or png format and of 640 x 480 dimension.
6 – Publication of Ads
a) Planes N Hangars is not bound to publish Your Ad until accepted by Planes N Hangars. Your Ad is accepted when Planes N Hangars publishes Your Ad.
b) If Your Ad is in breach of clause 4.b, or otherwise contains content that Planes N Hangars deems inappropriate to include in an Ad, Planes N Hangars may refuse to publish Your Ad or remove any unauthorised content from the Ad before publication.
c) If accepted, Planes N Hangars will publish Your Ad as set out in the Application on the terms and conditions of this Agreement and with any amendments required by or authorised by these Terms and Conditions.
d) Planes N Hangars’ acceptance of Your Ad does not create any relationship of agency between You and Planes N Hangars.
e) You accept and acknowledge that Planes N Hangars’ acceptance of Your Ad does not provide any representation, warranty or guarantee that your Item will be sold through Planes N Hangars or any of its Services.
f) Planes N Hangars may republish Your Ad on such other websites, search engines, applications and print or other media as Planes N Hangars determines from time to time in its absolute discretion.
g) You acknowledge and agree that while every endeavour will be made to publish Your Ad as submitted, Planes N Hangars will not (other than as set out in clause 12) be liable for any error, omission or failure to publish Your Ad in the form ordered, including acts or omissions of Planes N Hangars, its employees or agents.
h) Planes N Hangars may refuse to publish, withdraw or terminate the publication of Your Ad (or any part of Your Ad) if:
i) Planes N Hangars determines, in its absolute opinion without notice, You are not entitled to place the Ad (for example, because You are not a private advertiser or You do not own the Item); or
ii) You breach this Agreement; or
iii) You have not logged on to the administration pages of Your Ad for more than 21 days; or
iv) Planes N Hangars determines, in its absolute discretion without notice, that such refusal, withdrawal or termination is appropriate.
i) Despite anything in this Agreement, Planes N Hangars has absolute editorial control in relation to the publication of Your Ad, including, but not limited to the format, position and placement of Your Ad.
j) Planes N Hangars may in its absolute discretion add to, edit or remove information within Your Ad including without limitation the Aircraft Serial Number and/or registration number.
k) Third party offers to republish Your Ad in print or other media are subject to separate terms and conditions. Planes N Hangars will not be responsible for third party terms and conditions, any services provided by the third party or resolving any dispute between You and any third party.
7 – Cancellation and Withdrawal of Ads
a) Once Your Application is submitted to Planes N Hangars it cannot be cancelled.
b) An Ad may be removed at any time after publication. All advertising fees remain payable and if paid, You will not be entitled to a refund.
8 – Intellectual Property Rights
a) You hereby grant to Planes N Hangars in respect of all copyright materials included in Your Ad or materials otherwise submitted by You to Planes N Hangars, a perpetual, royalty free and irrevocable licence to use, reproduce, adapt, commercialise or otherwise utilise in any manner those materials.
9 – Payment
a) You must pay the advertising fee at the rate and in the manner set out in the Application.
b) The advertising fee is payable despite the termination of this Agreement or failure to publish an Ad which is caused by You.
c) You will not be entitled to a refund or credit if Planes N Hangars withdraws or terminates the publication of Your Ad if You were not entitled to place an Ad or You are otherwise in breach of this Agreement.
10 – Your warranties to Planes N Hangars
a) You represent and warrant to Planes N Hangars that:
i) You are the owner of all Items included in Your Ad/s and You have the authority to sell those Items;
ii) You are entitled to publish the Ad and all materials contained in the Ad, including text and images;
iii) You have the authority to grant to Planes N Hangars the licence contained in clause 8 of these Terms and Conditions;
iv) all contact and other details You have provided to Planes N Hangars are accurate; and
v) Your use of the Planes N Hangars network will comply with the terms and conditions set out in this Agreement and any other requirements or directions issued by Planes N Hangars from time to time.
11 – You Indemnify Planes N Hangars
a) You indemnify Planes N Hangars against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against Planes N Hangars arising out of:
i) a breach of this Agreement (including a breach of any representation or warranty contained in this Agreement) by You;
ii) any wilful, unlawful or negligent act or omission by You;
iii) the publication by Planes N Hangars or any other person of Your Ad;
iv) the sale or offering for sale of any Item.
12 – Planes N Hangars Liability to You is Limited
a) Other than as set out in this clause 12, and to the full extent permitted by law, all guarantees and implied and express warranties in respect of any goods or services provided by Planes N Hangars are HEREBY EXCLUDED.
b) To the full extent permitted by law, Planes N Hangars will only be liable to You:
i) Pursuant to any guarantee, right or contractual term that arises, is created or is implied by operation of law and cannot be excluded PROVIDED THAT, to the full extent permitted by law, any such liability of Planes N Hangars is limited, at Planes N Hangars’ option, to (A) replacing or repairing the relevant goods, (B) supplying goods equivalent to the relevant goods, (C) supplying the relevant services again or (D) paying the cost of such replacement, repairs or supply; or
ii) Subject always to clause 12(c)(ii) if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Planes N Hangars.
c) To the full extent permitted by law, Planes N Hangars will not be liable to You:
i) for claims arising out of or in connection with this Agreement or the publication of Your Ad whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute; and
ii) for loss of use, production, profit, revenue, business, data, contract or anticipated savings or for delay or for any financing costs or increase in operating costs or any economic loss for any indirect or consequential loss or damage.
d) For the purposes of clauses 11 and 12, the term Planes N Hangars will mean Planes N Hangars, its officers, employees, contractors and agents, whether individually or collectively.
e) This clause will survive the expiration or termination of this agreement.
13 – Privacy
a) To read how Planes N Hangars collects, uses and discloses Your personal information click here.
b) Please be aware that as an advertiser on the Planes N Hangars network You may receive correspondence (including electronic correspondence) regarding Your account, including the status of Your Ad or any other services provided to You. This may include confirmation of the receipt and publication of Your Ad, confirmation of any changes made by You, and notification of possible changes to the status of Your Ad. You will also be notified of any changes to Planes N Hangars or associated websites that may have a direct effect on the content or appearance of Your Ad or any other services. This correspondence forms part of this service and is necessary for the management of Your account. If You do not wish to receive this correspondence please do not submit an advertisement for publication on Planes N Hangars network.
c) Planes N Hangars is not be liable for any contact between You and any third party, including, but not limited to, contact made through the Planes N Hangars network (for example through the listing enquiry form). You acknowledge that by placing an Ad on the Planes N Hangars network, Your contact details (for example, telephone number) may be made available to the public and You grant Planes N Hangars permission to make such details available on Your behalf.
14 – What Law Governs this Agreement
a) This Agreement is governed by and construed in accordance with the laws of the State of Queensland Australia and You irrevocably submit to the exclusive jurisdiction of the courts in that State.
15 – Entire Agreement
a) These Advertising Terms and Conditions, the Application, Planes N Hangars Terms and Conditions of Use and any warranties implied by law which cannot be excluded constitute the entire agreement of the parties in relation to its subject matter. All other terms whether express or implied are HEREBY EXCLUDED to the full extent permitted by law. This Agreement will prevail to the extent of any inconsistency with the Terms and Conditions of Use.
16 – General
a) Planes N Hangars may, in its absolute discretion, modify or amend this Agreement and such modifications or amendments will be binding upon You once displayed on this web site. You should regularly check these terms and conditions displayed on this web site.
b) All rights not expressly granted are reserved.
c) If any provision of this Agreement is invalid, illegal or unenforceable in any respect such invalid, illegal or unenforceable provision is to be severed from this Agreement and the remaining terms will apply.
d) Any delay or failure by Planes N Hangars to enforce any provision of this Agreement will not be deemed a waiver or create a precedent or prejudice Planes N Hangars’ rights in any way. No waiver by Planes N Hangars will be effective unless it is in writing and signed by Planes N Hangars.
17 – Planes N Hangars DealerDirect Service
a) Use of the Planes N Hangars DealerDirect Service
i) You agree and understand that all references to Ads in these Planes N Hangars Network Advertising Terms and Conditions include a reference to an advertisement placed through the Planes N Hangars DealerDirect Service (the Service).
ii) The Service is provided for domestic and private use only – You may not use the Service for any commercial purpose.
iii) Once published on the Service, You may not edit Your Ad.
iv) You may convert Your Ad on the Service to a Standard or Premium Ad on the Planes N Hangars Network for public viewing and vice versa.
v) If Your Ad on the Service does not result in You accepting an offer from a dealer, Your Ad will automatically be published on the Planes N Hangars Network for public viewing. You consent to Planes N Hangars publishing Your Ad and Your contact details for this purpose.
b) Inspection Report
i) Your use of the Service requires You to provide a range of information, including information relating to the condition of Your aircraft for the production of an inspection report.
ii) You agree to provide all relevant information within Your knowledge for the creation of Your Ad and for the purposes of the inspection report and You understand that any failure to disclose any matter in the process may result in the sale of Your Item not proceeding or a lesser price being offered for Your Item.
c) Publication of Your Ad
i) Once your Ad has been accepted and published on the Service, it will be available for viewing (without Your contact details) to Planes N Hangars’ network of aircraft dealers.
ii) You acknowledge and accept that Planes N Hangars may publish your Ad to its dealer network with additional information and data from Planes N Hangars’ and its associated entities’ own sources.
iii) Your Ad will be published for an initial period of a pre-determined length (the Offer Period) during which dealers who subscribe to the Service (Subscribers) may submit an offer on Your aircraft.
e) Question and answer facility
i) Planes N Hangars allows Subscribers to ask questions to You and for you to respond through the Service during the Offer Period.
ii) All communications through the question and answer facility is able to be viewed by all dealers who use the Service and may only be used to clarify issues regarding the Item.
iii) You must not provide Your contact details or other identifying information through the question and answer facility – if You do, Your Ad may be suspended or terminated.
f) Acceptance and expiry of offers
i) You may accept an offer at any time during the Offer Period, or in the period of a pre-determined length immediately following the Offer Period (the Acceptance Period).
ii) It is Your responsibility to ensure that You are available to review and accept offers during the Offer Period and the Acceptance Period – these periods will not be extended due to Your failure to interact with the Service.
iii) If You accept an offer before the conclusion of the Offer Period, You will not receive any further offers, and all other offers received by You will no longer be valid. All unaccepted offers will expire and no longer be available to You once the Acceptance Period ends.
iv) If You accept an offer from a Subscriber, Planes N Hangars will send You the Subscriber’s details and will send Your contact details to the Subscriber to enable direct communication between You and the Subscriber.
g) Inspection of Item
i) Following the exchange of contact details, You and the Subscriber must arrange for inspection of Your Item and negotiate to finalise the terms of the sale. The price for Your Item may vary from the accepted offer, or the Subscriber may not purchase Your Item due to a variety of factors, including an error in the description of the Item or discrepancies between the state of the Item and the inspection report.
h) No contract through Service
i) No contract is formed between You and the Subscriber through Your use of the Service. You must separately enter into an agreement with the Subscriber for the purchase of the Your Item.
ii) You acknowledge and agree that any contract or agreement for the sale of Your Item that may occur as a result of use of the Service is between You and the Subscriber, and Planes N Hangars is not a party to, nor bears any responsibility for such transaction.
18 – Planes N Hangars PremiumPlus Service
a) Applicability of terms and conditions
i) You agree and understand that all references to Ads in these Planes N Hangars Network Advertising Terms and Conditions include a reference to an advertisement placed through the PremiumPlus service.
b) Availability of PremiumPlus service
i) The PremiumPlus service is not available in all areas of Australia. Please check with Planes N Hangars whether the service is available in your location.
ii) Planes N Hangars makes no guarantee as to the availability of the PremiumPlus service at any time.
iii) Planes N Hangars may at any time in its sole discretion, add, remove, modify, enhance, re-issue, upgrade, suspend or discontinue the PremiumPlus service.
i) You agree and accept that Planes N Hangars owns all rights in the photographs taken by its photographers of Your Item.
ii) Planes N Hangars grants You a non-exclusive licence to use the photographs for your personal and non-commercial use only.
iii) You are required to remain with Your Item for the duration of the photography session and follow the reasonable directions of the photographer, including making any adjustments to, or moving Your Item in accordance with the photographer’s instructions.
d) Pricing assistance
i) As part of the PremiumPlus service You may be offered pricing advice or recommendations. Such advice or recommendations are provided as a guide only and:
a) are not intended to be the only source of information on which You rely in Your decisions, including Your decision to price and or sell any Item; and
b) do not amount to a representation by Planes N Hangars of the value of Your Item.
ii) You agree that You are responsible for making the final decision in relation to the pricing of Your Item and hereby release and indemnity Planes N Hangars in relation to any such decisions.
e) Release and indemnity
i) You acknowledge that Your Item remains Your sole responsibility and You hereby release Planes N Hangars, its employees , agents and officers from all liability in relation to any damage or loss associated with the PremiumPlus service.
ii) You hereby indemnify Planes N Hangars, its employees, agents and officers against all actual or threatened loss, damage, actions, claims and / or demands (including the cost of defending or settling any actions, claims and demands) which may be instituted against Planes N Hangars arising out of the provision of any part of the PremiumPlus service.
19 – Showcase placement
a) Availability of Showcase placement
i) Subject to (ii) below, the Showcase placement will only be made available to customers who have purchased a premium Ad on the Planes N Hangars Network.
ii) Showcase placements are strictly limited and Planes N Hangars makes no guarantee that a Showcase placement will be available for purchase for Your aircraft or property at the desired time.
ii) A Showcase placement may be purchased during Ad creation or at any time during the life of Your Premium Ad provided it is available for Your aircraft or property at the relevant time.
b) Terms of Showcase placement
i) Purchasing a Showcase placement will rotate Your Ad through the relevant position – Your Ad will not appear in the Showcase placement for every relevant search.
ii) Showcase placements will appear on the first page of results, ahead of Standard and other Premium Ads but may not be the first result on the page.
iii) You understand and accept that the appearance of the Showcase placement will differ between different formats such as desktop and mobile.
iv) Planes N Hangars makes no representation or warranty as to the expected number of views or click throughs of a Showcase placement, or the impact the placement is likely to have on the sale of an item.
v) Planes N Hangars may at any time in its sole discretion, add, remove, modify, enhance, re-issue, upgrade, suspend or discontinue the Showcase placement.
Updated: Version 1.1 (Septenmber 2015)