Website Terms and Conditions
Welcome to Planes N Hangars Network.
Planes N Hangars is pleased to provide you with access to our website planesnhangars.com.au and related services owned or operated by Planes N Hangars and the Planes N Hangars listing search engine wherever distributed on the internet (the “Planes N Hangars Network”) on these terms and conditions.
By accessing or using the Planes N Hangars Network you agree to be bound by these terms and conditions of use (and the other terms and conditions and policies referred to in these terms and conditions and any other notices on the Planes N Hangars Network) as amended from time to time.
1 – About the Planes N Hangars Network
a) Planes N Hangars publishes or makes available on the Planes N Hangars Network information, advertisements, product and service offers, aircraft data, valuations, Software and links and other content supplied by Planes N Hangars and third parties (Material). Planes N Hangars does not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such Material published on the Planes N Hangars Network or on any web site that links from the Planes N Hangars Network. (including third party display advertisements).
b) Planes N Hangars does not provide any warranty in relation to any goods or services advertised for sale on the Planes N Hangars Network by third parties including, but not limited to, any representation or warranty that the goods or services are of merchantable quality, fit for the purpose intended, safe for the purpose intended, as described by the seller or owned by the seller.
2 – Personal and Non Commercial Use Only
a) Use of the Planes N Hangars Network is for your personal and non-commercial use only. Except for the Material held in your computers cache or a single permanent copy of the Material for your personal use you must not without the prior written approval of Planes N Hangars:
i) use or attempt to use any Material published on the Planes N Hangars Network to create any web site or publication or searchable database;
ii) mirror or frame any web site or page within the Planes N Hangars Network;
iii) use any automated process of any sort to query, access, retrieve, scrape, data-mine or copy any Material on the Planes N Hangars Network or generate or compile any document, index or database based on the Material published on the Planes N Hangars Network;
iv) transfer or sell any information, functionality or products or services offered on the Planes N Hangars Network; or
v) undertake any other action which is in violation of these terms and conditions (or other terms and conditions and policies referred to in these terms and conditions) or any applicable law.
b) If Planes N Hangars considers, in its absolute discretion, that you or any party related to you (including any agent, representative, contractor or associate) has acted contrary to these Terms and Conditions or in a manner contrary to Planes N Hangars’ interests, then Planes N Hangars may immediately terminate your right to access and use the Planes N Hangars Network at any time and reserves its rights to take any action it deems necessary or desirable to prevent such repeated action and / or further access to the Planes N Hangars Network.
3 – You are Responsible for the use of the Planes N Hangars Network
a) Whilst Planes N Hangars takes care to ensure that the Material on the Planes N Hangars Network is correct, current and free from errors, Planes N Hangars does not warrant the accuracy or completeness of or the representations made in the Material on the Planes N Hangars Network or any web site that links from the Planes N Hangars Network or any information received as a result of using the Planes N Hangars Network. You are responsible for assessing the accuracy of the Material and rely on it at your own risk.
b) The services and Material made available on the Planes N Hangars Network are provided as general information only. The services and Material are not professional, expert or other advice and are not a substitute for such advice; may not be appropriate, correct or sufficient for your circumstances; should not be relied on as the only reason you do or don’t do anything; and may not be continually accessible or free from errors or viruses.
c) You agree to indemnify Planes N Hangars against any liability, loss, claim or demand if Planes N Hangars(or any of its officers, representatives, employees or agents) suffers any loss or damage or incurs any cost in connection with a breach by you (or any of its officers, representatives, employees or agents) of these terms and conditions.
d) You must keep your username and password to access the Planes N Hangars Network secure and confidential and not provide those details to any third party under any circumstance. You represent and warrant to Planes N Hangars that you accept all liability for any unauthorised use of any username and password issued to you.
4 – Goods and Services Provided By Planes N Hangars
If Planes N Hangars offers goods or services to you, including advertising any item for sale on the Planes N Hangars Network, the services are subject to additional terms and conditions. To the extent of any inconsistency between these terms and conditions and the additional terms and conditions, the additional terms will prevail to the extent of the inconsistency.
5 – Goods and Services Provided By Third Parties
a) If goods and services are offered on or through the Planes N Hangars Network by third parties (sellers):
i) aircraft prices exclude government and statutory charges (unless otherwise stated);
ii) You are responsible for making all relevant searches, inquiries and investigations in relation to any listed aircraft including, any written off aircraft register or register of security interests (including the Personal Property Securities Register or otherwise);
iii) Planes N Hangars does not act as any persons agent or broker; arrange any contract between you and any person or; provide any warranty in relation to any persons goods or services;
iv) Planes N Hangars will not be responsible for the terms of any transaction between you and any person; any goods or services purchased by you from any person or; resolving any dispute between you and any person.
b) Planes N Hangars may augment information supplied by sellers. This information is supplied by third parties and in the case of aircraft is based on model and year. Whilst Planes N Hangars requests sellers check this information, it may be possible for information to be inaccurate. Planes N Hangars strongly recommends that you check with the seller that all information in relation to their goods and service is accurate.
6 – Planes N Hangars Liability to You is Limited
a) Other than as set out in this clause, and to the full extent permitted by law, all rights, remedies, conditions, 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 the 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 that 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;
ii) subject always to subclause 6(d), if Your claim arises from or in connection with any deliberate breach of these terms and conditions or fraud by Planes N Hangars.
c) Subject to subclause 6(b), and except to the extent that liability cannot be excluded, Planes N Hangars , will not be liable to you:
i) for claims arising out of or in connection with your access and use of the Planes N Hangars Network and related services whether arising in contract, tort (including negligence), indemnity, strict liability, breach of warranty or statute;
d) To the full extent permitted by law, Planes N Hangars will not be liable to you for loss of use, production, profit, revenue, business, data, contractor 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.
e) For the purposes of this section, the term Planes N Hangars will mean Planes N Hangars , its officers, employees, contractors and agents, whether individually or collectively.
f) These terms and conditions will survive the expiration or termination of this agreement.
7 – Copyright, Trademarks and Licence
a) Material on the Planes N Hangars Network is © Planes N Hangars and is protected by Australian and international copyright and intellectual property laws. All rights not expressly granted under these terms and conditions are reserved by Planes N Hangars. Unless otherwise indicated on the Planes N Hangars Network, the material on the Planes N Hangars Network is owned by or licensed to Planes N Hangars and is subject to copyright (the “Copyright Material”).
b) You may:
i) only copy or reproduce the Copyright Material for the purpose of browsing the Planes N Hangars Network or making a copy for your own personal, private or research use, provided that such use constitutes fair use under the Copyright Act;
ii) not alter or modify the Copyright Material in any way or remove any legal notice associated with it.
c) planesnhangarscom.au and other names of Planes N Hangars product and/or services referenced herein are trademarks or registered trademarks of Planes N Hangars. Other product and company names mentioned on the Planes N Hangars Network may be the trademarks of their respective owners. Nothing displayed on the Planes N Hangars Network should be construed as granting you any intellectual property rights including the right to use any trademark, without Planes N Hangars ’ (or the relevant owner’s, if applicable) express written consent.
i) you have all necessary rights in the content that you contribute,
ii) the content is not defamatory,
iii) that it does not infringe any law and you indemnify Planes N Hangars , its officers, agents and contractors against any liability, loss, claim or demand arising out of or in respect of a breach of that warranty.
iv) You waive any moral rights you may have in relation to the material.
8 – Membership to the Planes N Hangars Network
a) If you choose to become a member of the Planes N Hangars Network, additional products and services may be made available to you.
b) By becoming a Planes N Hangars member, you agree to receive electronic communications from Planes N Hangars about its products and services.
c) If you choose to utilise membership products and services, you agree to abide by any additional terms and conditions of those specific products and / or services.
9 – Communications Services
a) Planes N Hangars may provide you with the ability to communicate with Planes N Hangars, the Planes N Hangars Network, Sellers, advertisers and users of the Planes N Hangars Network through agreements, online forms, IVR, electronic requests and enquires, bulletin boards, blogs, competition entries, online forums, inbound phone number services and other forms of electronic messaging (Communications Services).
b) You acknowledge that Communications Services may be public and not private communications. Further, you acknowledge that Communication Services may be collected, stored and scanned by Planes N Hangars. You should not however, consider Communication Services to have been reviewed, screened, or approved by Planes N Hangars.
c) Use of the Communications Services is provided on condition that You do not do any of the following:
i) transmit any information or material which is knowingly incorrect, misleading or deceptive;
ii) transmit any defamatory, infringing, obscene, indecent or unlawful information or material or information;
iii) transmit spam, chain letters, contests, junk mail, surveys or other mass messaging;
iv) use the Communications Services for any unlawful purpose;
v) post or upload files that contain software or other material or information in breach of any person’s intellectual property or privacy rights.
vi) upload files that contain viruses, corrupted files, worms, defects or any other similar software or programs that may damage the operation of another’s computer or damage any of Planes N Hangars Network’s infrastructure;
vii) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
viii) advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters other than as approved by Planes N Hangars.
ix) download any file posted by another user of the Communications Services that you know, or reasonably should know, is unlawful or contrary to these terms and conditions.
x) excessively use the Communications Services in a manner which may hinder or prevent Planes N Hangars from providing services to any other persons or which may threaten the integrity or use by any person of the Planes N Hangars Network;
xi) authorise, aid, abet encourage or incite any person to do any of the above acts.
d) Planes N Hangars may, but has no obligation to, review the use of the Communications Services by you and in its absolute discretion may delete, edit, refuse to post or remove in whole or part any information or material uploaded or posted using the Communications Services.
10 – Software Services
a) software, including HTML code and ActiveX controls, that is made available to download from the Planes N Hangars Network (“Software”) is owned by Planes N Hangars and/or its suppliers.
b) Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You must agree to the terms of the License Agreement before using the Software.
i) If there is no License Agreement, Planes N Hangars grants you a personal, non-transferable license to use the Software for viewing and otherwise using the Planes N Hangars Network in accordance with these terms and conditions, and for no other purpose. You must not:
a) copy, reproduce, translate, adapt, vary or modify in whole or in part or the Software;
b) reverse assemble or reverse compile or directly or indirectly allow or cause a third party to reverse assemble or reverse compile, in whole or in part, the Software;
c) introduce or use any device, software or routine that interferes or attempts to interfere with the operation of the Software; or
d) sub-license, rent, lease, lend or grant to any person any rights to use the Software other than as set out in this paragraph.
11 – Planes N Hangars and Your Privacy
12 – Specific Terms
a) Private Sellers
i) To read Planes N Hangars Private Seller Terms and Conditions click here. If you choose to sell an item using the Planes N Hangars Network you must agree to the Planes N Hangars Private Seller Terms and Conditions.
b) Telephone Numbers – Planes N Hangars
i) Calls to 1300 numbers from land lines in Australia are charged at local call rates. Calls to 03 or 07 numbers from land lines in Australia are charged at STD call rates depending on caller locations. Calls from mobile phones may attract a higher rate. You will be billed by your telephone service provider and should direct all questions that provider.
i) To read Planes N Hangars Competition Terms and Conditions click here.
d) Email a friend
i) Where Planes N Hangars allows you to email a friend you warrant that the person to whom the email is addressed has consented to the email being sent; and indemnify Planes N Hangars , its officers, representatives, employees, contractors, servants and agents against all actions, claims and demands (including the cost of defending or setting any actions, claims and demands) arising out of or in respect of sending any email or any contravention of the SPAM Act 2003.
13 – What Law Governs these Terms and Conditions
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.
14 – Planes N Hangars May Change These Terms and Conditions
b) Planes N Hangars may cease to provide you with access to the Planes N Hangars Network or any of its services without notice.
c) All rights not expressly granted are reserved.
15 – Contact Planes N Hangars
If you have a question, problem or complaint or need to contact us:
Postal Address: PO Box 1880, Buderim, Queensland 4556
Email: Contact Form
Updated: Version 1.1 (September 2015)