Copyright, Legal and Disclaimers

Australian Aviation, wwww.australianaviation.com.au, Australian Aviation e-newsletter and other Australian Aviation -related communication platforms (collectively “Australian Aviation ”) are owned by Momentum Aviation Pty Ltd (ABN 637 997 972) (“Publisher”). All rights reserved.

Copyright is reserved throughout. No part of this publication or the website may be reproduced, modified, copied, republished, or distributed to a third party without the express permission of the Publisher.

Australian Aviation is intended for general news and information purposes only. The material, including any data from third party data providers and/or its associated analysis and commentary, has not been prepared by taking into account your business needs, investment objectives, financial situation, business positioning, your current situation or personal needs. Nothing in Australian Aviation constitutes or is intended to constitute business, investment, financial, bidding, property, mortgage or legal advice and should not be relied upon by any person as a substitute for professional advice. Readers are strongly encouraged to make their own inquires and to seek independent professional, or legal or financial advice before making any buying, selling or business decision.

The views expressed in Australian Aviation are not necessarily those of the Publisher, its officers or employees. The Publisher makes no warranties in relation to the information provided and, to the full extent allowed by law, disclaims all warranties of any kind, express or implied.

While every care has been taken to ensure all information contained in Australian Aviation is correct at the time of publishing, the Publisher, its officers, employees, agents, stakeholders, agents and representatives are not liable, in contract, tort or otherwise, to any person for any loss or damage arising out of or in connection with any inaccuracy, error or omission contained in Australian Aviation (including in relation to any statement, opinion, representation, data, graphic, hyperlink or advertisement).

In compiling the Australian Aviation, the Publisher relies upon information and material supplied by third parties. The Publisher is not liable to any person whatsoever for any loss or damage arising out of or in connection with:

• (a) any statement, opinion, representation, or omission made by a third party; or
• (b) any resource or third-party website link, or the accuracy of any information or material contained on a third-party website; or
• (c) any copyright infringement or other breach of intellectual property rights by a third party;or
• (d) other breach of intellectual property rights by a third party.

Terms of Use

Welcome to the Australian Aviation website, https://australianaviation.com.au/ (“the Site”) which is owned, controlled and operated by Momentum Aviation Pty Limited (“Momentum Aviation”).

These Terms of Use do NOT apply to the Aviator Store website, www.aviatorstore.com.au which is owned, controlled and operated by OCA Cleansweep Pty Ltd. The terms of use for the Aviator Store can be found at https://aviatorstore.com.au/.

These Terms of Use are important and you should read them carefully. Your use of and access to the Site and purchase of goods or services via this Site is conditional upon your acceptance of and compliance with these Terms of Use and the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Site, and on you complying with all applicable laws of the Commonwealth of Australia (including its states and territories).

Where products are displayed for sale on the Site, we will indicate whether the Vendor is Momentum Aviation (us), or someone else. Where the Vendor is Momentum Aviation, those products are sold by Momentum Aviation in its own right and are described as “Our Products” in these Terms of Use. Where the Vendor is someone else (eg: Smith Pty Limited), those products are described as “Supplier’s Products” in these Terms of Use. You will be bound by the terms in these Terms of Use which relate to the type of product you are purchasing, whether Our Product(s) or Supplier’s Product(s).

Your use of, and/or access to, the Site constitutes your agreement to these Terms of Use. Momentum Aviation reserves the right to amend the Terms of Use at any time. Any changes will be published in this web document. Since you are bound by these Terms of Use (‘this contract’), you should periodically refer to this web document to monitor changes.

Your purchase of Supplier’s Product(s)

If you place an order for a Supplier’s Product, you are placing an order with the Supplier of the Supplier’s Product, and not Pacific. We make the Supplier’s Products available for purchase (including by taking orders and collecting payment) as the agent of the Supplier, and not on our own behalf.

When you place an order to purchase a Supplier’s Product via this Site, you are making an offer directly to the Supplier. If the offer is accepted by the Supplier you will receive an email acknowledgement of order. No offer shall be deemed to be accepted by the Supplier until such time. The contract between you and a Supplier will be entered into in Australia and will relate only to those goods and/or services notified in the email acknowledgement of order.

If a Supplier accepts your order for the purchase of a Supplier’s Product, then an agreement is formed between you and the Supplier and you have rights directly and only against the Supplier with respect to that purchase, and not us. We are not a party to that agreement.

Your purchase of Our Product(s)

If you place an order for any of the product(s) on the Site (“Our Products”), you are placing an order with Momentum Aviation.

No order shall be deemed to be accepted by Momentum Aviation until we issue an email acknowledgement of order. The contract between you and Momentum Aviation will relate only to those goods and/or services notified in the email acknowledgement of order.

Purchase and pricing

In addition to the terms which relate to your use of the Site, the following terms relate to your purchase of Our Products.

When you place your order to purchase Our Products, the terms with respect to ordering and delivery are governed by these terms.

You must be over 18 to purchase Our Products, so if you are under 18 years old, ask your parent or guardian to buy for you.

When you purchase Our Products, any delivery costs payable in addition to the price will be stipulated.

All orders placed on this Site are quoted and charged in Australian dollars and, unless we state otherwise, all prices are inclusive of GST. We may update the prices for our products from time to time and do not provide price protection nor refunds in the event of a price change or promotional offering. In the case where the product you order is sold out we will offer a full refund.

Any special offers cannot be used in conjunction with any other discounts or offers.

Payment options

Payment must be made in full at the time of your order. We only accept payment by credit card or PayPal, and accept Visa, Master Card and Amex. Payments via cheque are to be approved by management.

The payment details you provide to Momentum Aviation Pty Ltd are the details that remain on your subscription until otherwise notified. It is your responsibility notify us if these details have changed or expired to reflect a valid payment method.

Delivery

Our Product(s) will be posted by a third party carrier. Please see shipping information on each product listing page on the website for information on delivery.

It is vital that the details that you give us are correct. Momentum Aviation is not liable for any errors that you make. Also, you must ensure that Momentum Aviation has your new address details if you move.

Refunds and returns

For purchases of Our Product(s) (except for magazines or magazine subscriptions/memberships):

You can return or exchange any item,  within 30 days of receipt, provided you comply with these Terms of Use.

If the item you wish to return is faulty, we will require photo proof of the faulty item and provide you with a stamped, self-addressed post pack in which to return it. Once the faulty item is received, you will be offered a full refund or replacement, whichever you prefer.

Once the item has been received by us, you will receive a refund of the price paid (less any shipping costs). Please ensure you use a trackable or signed-for delivery service such as registered post, as we cannot provide a refund until the item has been received.

You can only exchange items from us to the same or lower value than your original purchase. If you wish to return a product you have purchased on this Site, please contact our customer service team for our details and ensure to include a stamped, self-addressed post pack with your returned product so that an exchange item can be sent to you.

All items being returned must be in original condition and packaging and not be affected by being used in an abnormal way or reduced in value by delay on your part.

If for any reason Our Product(s) you have ordered is not available or out of stock, we will also refund you and in this case, any shipping costs will be refunded.

Please note: we are not able to return or exchange an item that is not being returned or exchanged by the original purchaser.

If you intend to seek a refund or replacement, you must email or call Customer Service on1800 2842867 (AVIATOR) to obtain approval from management. Please include the order number and reason for the return.

Australian Aviation Magazine and/or Aviator Magazine memberships or subscriptions

If you are purchasing a magazine or magazine subscription or membership from the Site (“subscription”), the following additional terms apply (and override the general Terms of Use to the extent of any inconsistency):

Momentum Aviation agrees to deliver a copy of the relevant magazine/s to you during the subscription period.

The price will cover the cost of the magazine and all delivery costs. It may take us up to 5 weeks to arrange for delivery of the first magazine to you.

If you do not get a magazine when you expect it, please call and we will gladly check this for you. However please don’t consider your magazine late until two or three days after it goes on sale in stores.

All special offers on subscriptions (for example, a gift or prize draws) will have expiry dates. This is the date by which we must receive BOTH your request for a subscription and full payment for the subscription, so please take into account that post takes time to arrive and cheques take days to clear.

If you are entitled to a gift with your subscription, please allow 28 days for it to be delivered.

Momentum Aviation does not allow you to use more than one special offer when you subscribe – for example, if you are getting a free gift, you cannot also use a discount offer.

If you want to cancel your subscription, you can do so at any time. Please contact us directly if you would like a refund and we will submit it to our management team for review. Please see our refund policy for further information.

Please note that it takes us 5 days to cancel an order, so you may possibly receive one more magazine after you cancel.

You will have to pay for all the magazines that you receive.

Auto-renew of subscriptions and memberships

For your convenience, your subscription will automatically renew. Unless you elect to cancel your subscription which you can do at any time, your elected credit/debit card will automatically be charged at the end of your subscription period and before the next edition of the magazine is distributed as follows:

• For the Introductory offer, on a monthly basis at the then current monthly charge for your selected delivery region; or
• For annual subscriptions, the current annual charge for your selected delivery region.

Promotional codes

From time to time, Australian Aviation will make Promotional Codes available to the public to reduce the price of specific products or subscriptions. This may be marketed through a third party, associate of or directly from Australian Aviation.

You need to enter the code exactly as it was given to you, without any spaces. Type or copy and paste the code into the ‘Apply coupon’ section in our checkout portal. It is up to the consumer to enter this code in order for it to be redeemable.

Our Promo Codes are for single-use only and may not be abused, tampered with, distributed without consent or redeemable via nefarious means.

If you’re given a unique Promo Code that is meant just for you (e.g. a student Promo Code) please keep it secret and don’t let anyone else use it or abuse it (e.g. don’t post it on social media). If we think there is or has been misuse of a Promo Code in any way (e.g. selling it or sharing it with others), Momentum Aviation has the ability to cancel the Promo code and/or suspend or even cancel the subscription or membership.

If an event happens beyond our control that affects the running or fairness of the Promo Code – we can cancel, modify or suspend the Promo Code.

Competitions and Giveaways

GARMIN WATCH GIVEAWAY 2019

The promotion will run from 19 September 2019 to 14 December 2019.

Individuals with a PRINT component in their active membership are eligible. This includes the:

• Australian Aviation and World of Aviation 2 Year Membership ($240)
• Australian Aviation and World of Aviation 1 Year Membership ($135)
• Australian Aviation Platinum Membership ($149)
• Australian Aviation Print and Digital Membership ($120)
• Australian Aviation Print Only Memberships ($119 or $70)
• World of Aviation Print Only Membership ($70)
• iSubscribe 12 Month Membership
• iSubscribe 6 Month Membership
• iSubscribe 3 Month Membership
• Magshop Print and Digital Membership
• Trial or Monthly Membership ($11.95)
• Concession Membership
• Industry Membership
• Domestic Platinum Memberships

All special offers, such as giveaways and competitions available with subscriptions or memberships have expiry dates. Individuals who attempt entry after the promotional deadline are not eligible for the competition or giveaway.

Memberships or subscriptions that are taken or managed through third party providers, such as iTunes, are ineligible for giveaways as we do not have access to information for the individual to qualify in the draw.

Information on how to enter and claim prizes forms part of these conditions of entry. Entry into the competition or giveaway constitutes acceptance of these terms and conditions:

• Entry is open to Australian residents over the age of 18 who are existing Australian Aviation member or who create a membership during the promotional period (‘eligible entrants’). Employees of the Promoter (and their immediate families) and its agencies associated with this promotion are ineligible.
• To enter, eligible entrants will receive one entry into the applicable competition when they successfully register to become an Australian Aviation member and deposit the full amount of the upfront subscription or membership cost.
• Eligible entrants can only qualify for entry once in each competition or giveaway.
• In the case of any subscription or account held jointly by more than one person, the primary account holder will be considered the entrant.
• Those who choose to suspend or cancel their membership or subscription during the course of the Promotion Period will not be eligible to qualify for the competition or giveaway.
• Momentum Aviation Pty Ltd will not be responsible for any delay in processing any applications.
• No responsibility will be accepted for late, lost or misdirected mail for individuals who sent their membership applications via post.
• All registrations become the property of Momentum Aviation Pty Ltd.
• All entries will be entered into a database and Momentum Aviation Pty Ltd may use the eligible entrants names, address, email address and phone numbers to administer the competition and for future promotional, marketing and publicity purposes, unless otherwise advised by the entrant.
• All entries are entered into a database and selected at random for the winner, on the date determined by Momentum Aviation Pty Ltd.
• Momentum Aviation Pty Ltd has the final decision on the winner, draw date and promotional period.
• The winner will be contacted directly by Momentum Aviation Pty Ltd using the contact details provided by the eligible entrant on their subscription or membership.
• Momentum Aviation Pty Ltd is not responsible for the wrong contact information listed on the eligible entrant’s account.
• The winners name may be used by Momentum Aviation Pty Ltd for future promotional, marketing and publicity purposes.
• Prizes are not transferable or exchangeable.
• Momentum Aviation Pty Ltd reserves the right to redraw in the event of an entrant being unable to satisfy these competition conditions or forfeiting or not claiming a prize. For any prize that remains unclaimed or forfeited through ineligibility or otherwise.
• The Promoter is Momentum Aviation Pty Ltd (ABN 637 997 972) Level 13, 132 Arthur Street, North Sydney, NSW 2060

Third Party Discounts or Promotions

Third Party discounts or promotions that become available to eligible recipients are based on by a third party agreement or partnership.

The discount or promotion that is provided by The Promoter has its own Terms of Use and Terms of Conditions. It will be made clear at the time it’s issued to you on how you can use it, when you can use it and how often.

Momentum Aviation Pty Ltd is not responsible for the misuse of the discount or promotions. Momentum Aviation is not responsible if the offer provided is not considered redeemable when approaching The Promoter or if you are having difficulty redeeming it. Momentum Aviation Pty Ltd is not responsible if the promotional product does not satisfy or fulfill what it should do. The Promoter should be contacted directly if there is issues with the product or offering.

Refunds of subscriptions and memberships policy

We will not refund a magazine if you change your mind. Will offer a refund or exchange on a subscription copy or any item purchased from the Site if the item:

• is found to have a genuine production fault;
• is significantly different to the sample or description given to the purchaser;
• does not do what it is supposed to.

If the original purchase was made on a credit or EFTPOS card, the refund must be credited to the original card used. The purchaser must provide proof of purchase.

If the original purchase was made from an independent retailer (newsagent, supermarket or store), your returns query must be made with that retailer directly.

A written request by the cardholder must be sent to [email protected] for management approval before any refund is processed.

Customer service

If you have any questions relating to your purchase of Our Product(s) or for general inquiries you can contact us via phone on 02 9922 3300 OR send us a message at [email protected].

Research

When you purchase Our Product(s), you acknowledge and agree that you may be invited by Momentum Aviation to participate in feedback surveys, online surveys and/ or focus groups.

Privacy

Momentum Aviation and its related entities are collecting your personal information for the purpose of establishing and administering your access to the Website (along with any future service we provide and which requires logging in) (where applicable), managing your Website newsletter subscription (where applicable), providing you information, processing and managing your purchase and for the purpose of understanding our audiences. If you use your Facebook ID or Google ID to log into this Website, you also consent to us collecting your personal information (such as your public profile including name and email address) from Facebook or Google (as applicable) for these purposes.

Momentum Aviation will otherwise handle your personal information in accordance with Momentum Aviation Privacy Policy which is available at https://australianaviation.com.au/Members/privacy-policy/ (and which contains information regarding how you can access your personal information, correct it and/ or make a complaint about our handling of your personal information).

By logging in, registering to receive our Website newsletter and/ or where you elect to provide us with additional information about you and your interests from time to time, you agree to the terms of the Privacy Policy.

Without limiting the foregoing, Momentum Aviation may disclose your personal information to its related entities, business partners and external service providers for research and profiling purposes as well as other purposes reasonably related to your relationship with Momentum Aviation.

In addition, by logging in to access the Website, registering to receive the Website newsletter and or contributing to the Website via comments or Traffic, and/ or purchasing Products from this Site, you consent to:

• Momentum Aviation using your personal information for the purpose of Momentum Aviation and its related entities sending you information regarding programs, products and services available through them and/ or through their business partners. We will always provide you with the ability to opt out of those communications.
• Momentum Aviation using proprietary measurement software in the Site which will allow users to contribute to market research or audience ratings services.

Site Access & Use

All information, text, material, graphics, software and advertisements on the Site (“Content”) are protected by Australian and international copyright and trademark laws.

Apart from any use permitted under the Copyright Act 1968 (Cth) you must not modify, copy, reproduce, republish, frame, upload to a third party, post, transmit or distribute this Content in any way except as expressly provided for on the Site or expressly authorised in writing by Momentum Aviation.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from the Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Momentum Aviation or unless it is specifically stated otherwise within the Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on the Site.

This means you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in the Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

The Site may also include materials owned by third parties and posted on the Site by virtue of a licence, grant or some other form of agreement between the third party and Momentum Aviation .

The Site contains links to other websites outside the Site for your information and convenience. Momentum Aviation makes no warranty or representation as to the functionality of these links, the security of those sites or the reliability or accuracy of the information contained on these sites. You access any such website entirely at your own risk and your purchase from any third party is entirely at your own risk.

Strictly on the condition that you keep all Content intact and in the same form as presented on the Site (including without limitation all copyright, trademark and other proprietary notices and all advertisements), you may ONLY download and/or view the Content for your personal, non-commercial use.

When you upload content to the Site or otherwise give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all intellectual property rights including copyright and trademark rights you have in the content, in any media known now or in the future and for any other purpose.

Liability

Momentum Aviation and its employees and agents will not be liable to you or any other person for any loss, injury or damage arising from or as a consequence of any act or omission by Momentum Aviation.

Under Schedule 2 of the Consumer and Competition Act 2010 (Cth) (“Australian Consumer Law”) and other state based legislation, certain warranties and conditions (“Implied Terms”) are implied into your contract with us (in relation to your purchase of Our Product(s). The operation of, and liability for breach of, the Implied Terms cannot be, and are not in this contract, excluded and can only be limited in certain circumstances. Except for the Implied Terms, we exclude to the fullest extent permitted by law all terms implied by statute, at law, in fact or otherwise.

You understand and agree that Momentum Aviation has no warranty obligations or other liabilities to you under this contract.

We exclude to the fullest extent permitted by law all liability for any liabilities, losses, damages, costs or expenses (whether arising in contract, tort (including negligence) or under any other cause of action) suffered or incurred by any person in connection with this contract or an act or omission of our or any of our personnel in connection with this contract:

• On behalf of and for the benefit of our suppliers; and
• for ourselves, except for liability for breach of the Implied Terms which cannot be excluded by law (which may be limited to the extent permitted by the Australian Consumer Law).

In addition, our liability for breach of a condition or warranty implied into this contract is limited:

• in the case of goods, to any one of the following as determined by us (to the extent such liability is with respect to Our Product(s)):
• the replacement of the goods or the supply of equivalent goods; or
• the repair of the goods; or
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired;
• in the case of services, to any one of the following as determined by us (to the extent such liability is with respect to Our Product(s):
• the supplying of the services again; or
• the payment of the cost of having the services supplied again.

While Momentum Aviation does its best to ensure the optimal performance of the Site, you agree that you use the Site and rely on material contained in the Site at your own risk.

Subject to the Implied Terms Momentum Aviation does not warrant that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Content is accurate, complete or reliable.

You should make and rely on your own enquires before entering into any transaction on the basis of the Content of the Site.

You acknowledge that Momentum Aviation, its parents and related parties together with their respective employees, agents, directors, officers and shareholders, are not liable for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the destruction, damage or unauthorised access to your computer system or Site.

You acknowledge that Momentum Aviation is not liable for any defamatory, offensive or illegal conduct or material found in connection with the Site, including such conduct or material transmitted by any means by any other person.

You expressly acknowledge and agree that Momentum Aviation does not exert control over users of the Site (including individuals referred to on the Site as guests and experts) and is not liable either for their opinions or their behaviour including any information, advice, defamatory statements or offensive conduct.

To the extent permissible by law, Momentum Aviation will not be liable under these Terms for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.

To the extent permissible by law, Momentum Aviation maximum aggregate liability under these Terms whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the product(s) in question.

We may transfer all or part of our rights and obligations under these Terms to our business partners or related bodies corporate. However, if assignment is likely to have a detrimental impact on you, and that impact is more than a minor impact, we will notify you about this.

Our Product(s) are provided for your personal, non-commercial use, and may not be resold, in whole or in part.

You agree to indemnify and hold Momentum Aviation harmless from and against any and all claims, proceedings, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ charges on an indemnity basis), including but not limited to claims against Momentum Aviation alleging negligence, copyright infringement and/or trademark infringement, relating to or arising out of your breach of this agreement with you (as contained in these Terms).

These Terms are governed by the laws in force in New South Wales, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and any courts which may hear appeals form those courts.

Entire Agreement

In relation to your purchase of Our Product(s), these terms constitute the entire agreement between the Momentum Aviation and you in relation to Our Products and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to Our Products.

Termination

The Terms of Use are effective until terminated by Momentum Aviation. Momentum Aviation may terminate this agreement, your subscription and/ or your access to the Site at any time without notice, including but not limited to, for breach of these Terms of Use. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you, licenses and waivers granted by you and all Momentum Aviation disclaimers and limitations of liability set out in these Terms of Use (as amended) will survive.