PLEASE READ THIS AGREEMENT CAREFULLY

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH Paramotor.com.au OFFERS YOU ACCESS TO THE SERVICE.

 

1. Acceptance Of Terms. By accessing our web site past the home page, you agree that you have entered into this Agreement with Paramotor.com.au and that you will be bound by the terms and conditions hereof ("Terms"), which Paramotor.com.au in its discretion may change from time to time. We will post a notice on our web site to inform you of any changes to the Terms. If you do not agree to the changes, you must discontinue using the Service. The changed Terms shall automatically be effective immediately after they are initially posted on the homepage of our site. Your continued use of the Service will signify your acceptance of the changed Terms. Unless explicitly stated otherwise, any new features that augment or enhance the Service shall be subject to this Agreement. This Agreement may not be otherwise be modified except in writing signed by an authorized officer of Paramotor.com.au.

2. Who Can Use Paramotor.com.au. The Service is available to all individuals and companies. The Service is not available to temporarily or indefinitely suspended Paramotor.com.au members. Joining Paramotor.com.au and the use of the Service is free! We reserve the right to charge fees for the Service upon notice to you pursuant to paragraph 1.

3. You are responsible for paying all applicable taxes and duties and for all hardware, software, service and other costs you incur to access our servers. We reserve the right to change or discontinue, temporarily or permanently, some or all of the Service at any time without notice.

4. Paramotor.com.au is only a venue for information sharing. Our site acts as the venue for users to locate information and exchange information about, paragliding location and goods and services. We are not involved in the actual content of the information. As a result, we have no control over the quality, safety or legality of the information, the truth or accuracy of the information listed, the ability of users to fulfill their obligations and/ or services.

5. Your Information you add to the Paramotor.com.au website. "Your Information" includes any information data, text, photographs, graphics, video, messages or other materials you provide to us or other users during the registration or information exchange processes, in any public message area or through any email feature. With respect to Your Information, you are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. We may take any action, however, with respect to your information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You hereby warrant that you have all rights, including all copyrights, necessary to submit Your Information to Paramotor.com.au. You acknowledge that Paramotor.com.au does not take any responsibility to determine what information that is submitted to us is protected, nor will we be responsible for the use of Your Information by other users of the Service.

5.1 Registration Obligations. If you register with us, you agree to: (a) provide true, accurate, current and complete information about yourself or company as prompted by our registration form, and (b) maintain and promptly update the member information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Paramotor.com.au has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Paramotor.com.au has the right to suspend or terminate your registration and refuse any and all current or future use of the Service (or any portion thereof). If you have registered with us on behalf of a company or other entity, than you represent and warrant that you have the authority to bind such company or other entity to the Terms.

5.2 Password and Security. During the registration process, you will select a Password. You are solely responsible for maintaining the confidentiality of your Password, and for all activities that occur under your Username/Email address and Password. You agree to (a) immediately notify Paramotor.com.au of any unauthorized use of your Username or Password or any other breach of security, and (b) ensure that you properly exit the web site at the end of each session. Paramotor.com.au cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

5.3 Rules About Your Information. You agree that Your Information on Paramotor.com.au: will not be fraudulent or involve the sale of counterfeit or stolen items; will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; will not be obscene or contain child pornography; will not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and will not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include. You also agree not to use the Service (h) in connection with chain letters, junk e-mail, spamming or any duplicative or unsolicited messages, (i) to collect e-mail addresses and other information about others without their consent or (j) to create false e-mail addresses or otherwise attempt to mislead others as to the identity of the sender or the origin of a message.

5.4 Prohibited Items. You may not post on our site any information or items that could cause us to violate any applicable law, statute, ordinance or regulation.

6. The License You Grant To Us. You grant to us the exclusive, worldwide, perpetual, royalty-free right (with the right to sublicense through multiple tiers) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display (in whole or in part) Your Information, and/or to incorporate Your Information in other works in any form, media, or technology now known or later developed.

7. Privacy. Notwithstanding the license in paragraph 6, Paramotor.com.au will only use Your Information in accordance with our Privacy Policy (click here to view the Privacy Policy). The complete terms of our Privacy Policy are part of this Agreement so you should read it. Please note that when you voluntarily disclose Your Information in Paramotor.com.au, that information can be collected and used by others.

8. Use Common Sense. We cannot nor do we try to control the information provided by other users which is made available through the Service. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptive. We expect that you will use caution and common sense when using our site.

9. System Integrity. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Paramotor.com.au site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.

9.1 No Commercial Exploitation. You agree that you may not commercially exploit any information, including but not limited to, copying any information displayed, on the Paramotor.com.au web site without prior written authorization from an authorized officer of Paramotor.com.au.

10. Termination. You agree that Paramotor.com.au, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard Your Information within the Service, for any reason, including without limitation, if Paramotor.com.au believes that you have violated or acted inconsistently with the letter and spirit of the Agreement. Paramotor.com.au may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Paramotor.com.au may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Paramotor.com.au shall not be liable to you or any third party for any termination of your access to the Service. Paragraphs 12, 13, 14, and 22 shall survive any termination of this Agreement.

11. What Happens if You Break the Rules? We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership, remove any of your current information, and any other information you place on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us. Without limiting any other remedies, Paramotor.com.au may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent or illegal activity in connection with our site.

12. The Service is Provided "As Is". We will try very hard to make your experience with Paramotor.com.au enjoyable. Unfortunately, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data or other service interruptions. For this reason, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Paramotor.com.au EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Paramotor.com.au MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Paramotor.com.au OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. Note: Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.

13. Limit of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Paramotor.com.au SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Paramotor.com.au HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASES OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. Note: Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.

14. Indemnity. You agree to indemnify and hold Paramotor.com.au and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand (including legal expenses and the expenses of other professionals) made by a third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

15. Compliance With Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service and your bidding on, listing, purchase and sale of items, including, but not limited to, complying with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

16. No Agency. You and Paramotor.com.au are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

17. Advertising & Financial Services. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Paramotor.com.au shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. If you intend to create or join any service, receive or request any news messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please be advised Paramotor.com.au shall not be responsible nor liable for the accuracy, usefulness or availability of any such information transmitted via the Service, and shall not be responsible nor liable for any trading or investment decisions made based on such information.

18. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Paramotor.com.au has no control over such sites and resources, you acknowledge and agree that Paramotor.com.au is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Paramotor.com.au shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

19. Notices. Except as explicitly stated otherwise, any notices shall be given to the email address you provide to Paramotor.com.au during the registration process. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Paramotor.com.au during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.

20. Force Majeure. Paramotor.com.au shall not be liable to you for delays or failures in performance resulting from causes beyond our reasonable control, including, but not limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties.

21. Assignment. Paramotor.com.au may assign this Agreement without your consent.

22. Miscellaneous. The Agreement constitutes the entire Agreement between you and Paramotor.com.au and governs your use of the Service, superseding any prior written or oral Agreements between you and Paramotor.com.au. The Agreement shall be governed in all respects by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

 

 

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