terms of service
This website is operated by Fly the Farm. Throughout the site, the terms “we”, “us” and “our” refer to Fly the Farm. Fly the Farm offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE & PRICES
Prices for our products are subject to change without notice.We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy at flythefarm.com.au/storepoliciesWe have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy at flythefarm.com.au/storepolicies
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed at flythefarm.com.au/privacy
ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Fly the Farm, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Fly the Farm and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@flythefarm.com.au or via mail or phone:10/5 Activity Crescent, Molendinar Qld 4214
Phone 07 5638 1277TERMS AND CONDITIONS – PRODUCTS, MAINTENANCE, TRAINING & OPERATIONS
DEFINITIONSThe person, firm or company with whom Fly the Farm shall enter into a contract shall hereinafter be referred to as "the Customer".]
“The Customer” means a customer or any person acting on behalf of or with the authority of the customer that engages Fly the Farm to provide goods or services.
"Offer" shall mean the quotation provided to the Customer by Fly the Farm in the Job Sheet together with these terms and conditions of contract.
"Price" means the price to be paid by the Customer for the Services.
“Fees” means consulting fees, design fees, service fees and any other charges payable by the Customer for the provision of the Services.
"Services" means the services described and referred to in the Job Sheet annexed to these terms and conditions or by another means (whether verbal or written), which has been provided by Fly the Farm to the Customer. This includes, but is not limited to aerial photography, videography, production, development, promotion, assembly, maintenance and any other services to be provided to the customer by Fly the Farm.
"Order" means the order placed with Fly the Farm in accordance with the Offer by signing acceptance of the Job Sheet or other documentation as applicable or providing verbal communication requesting Fly the Farm to provide a Service.
“Customer Materials” means all craft, components, media or other materials provided or introduced by the customer for use in connection with the Service.
“Confidential Information” means all trade secrets, knowledge and commercially valuable information. The customer is to advise Fly the Farm of such information and sign a non-disclosure statement outlining such information.
GENERAL
On acceptance of the Order by Fly the Farm, the parties shall be contractually bound and these terms and conditions shall be incorporated into, shall take precedence over any terms and conditions on which the purchaser may trade and will form part of the contract between the parties.
This Order commences on the date the customer makes a booking with Fly the Farm to provide a Service.
If the Customer shall verbally place an Order, a contract shall be deemed to have been made immediately upon acceptance by Fly the Farm and shall only be subject to alterations in strict accordance with the terms and conditions contained herein.
Fly the Farm may, in its sole discretion, choose to act on a verbal acceptance of the Offer by the Customer.
These terms and conditions shall form part of and shall govern any contract entered into between Fly the Farm and the Customer, unless they shall have been specifically modified or rescinded by Fly the Farm in writing prior to Fly the Farm' acceptance of the Order.
In the event that there is any conflict between these terms and conditions and the Offer then these terms and conditions shall prevail to the extent of any inconsistency.
Unless otherwise specified in writing an Offer is to remain open for 7 days from the date of delivery.
Prior to receipt of an Order, Fly the Farm reserves the right to make any changes to the Offer as it considers necessary.
Any orders which our system flag as being potentially fraudulent, will be cancelled and refunded.
EXCLUSIONS
No dealing between Fly the Farm and the Customer shall be or be deemed to be a sale by sample.Subject to terms implied by law and not capable of exclusion Fly the Farm does not warrant the fitness for the Customer's purpose of any Service.
The Customer will rely on its own knowledge and expertise in selecting any Service and as to the suitability and fitness for any required purpose of any Service.
The Customer acknowledges that Fly the Farm has not made any warranty, guarantee or representation in relation to the Services on which the Customer has relied (including as to the fitness of the Services or any part of the Services for a particular purpose), apart from those which it has expressly received in writing from Fly the Farm.
Unless otherwise required by law, any warranty provided by Fly the Farm will be for a period of 3 months in relation to any Service and both Fly the Farm and the Customer agree that a period of 3 months from the date of supply or despatch of the Service is a reasonable warranty period.
PLACEMENT OF ORDERS
If any dispute arises over an Order, Fly the Farm’s records will be conclusive evidence of what was ordered.On the placement of each Order, the Customer represents to Fly the Farm that it is solvent and able to pay all of its debts as and when they fall due.
In addition to the Customer's obligations on completion of any credit application which Fly the Farm may require, the Customer shall inform Fly the Farm when an Order is placed, of any material facts, which might reasonably affect any decision to accept the Order or grant credit.
THE SERVICE
Fly the Farm shall carry out with due skill and care the Service for each item of the equipment at the maintenance intervals as specified in the maintenance service schedule, generally in accordance with manufacturers’ recommendations and good engineering practice.This service is paid for by the Customer through the Price and includes only those parts and materials (including all consumable materials) as specified in this agreement necessary to undertake the Service.
The Service does not include the cost of any repair labour and/or repair/replacement of parts, materials and equipment.
Fly the Farm shall comply with all relevant legislation, regulations and the Customer site regulations as in force at the commencement of the agreement. Any changes to legislation, regulations or the Customer’s site regulations may result in additional works with the associated additional costs passed through to the Customer.
Fly the Farm warrants that it shall effect and maintain public liability insurance for not less than $10 million and workers compensation insurance to the extent of its liability under the relevant Workers Compensation Act.
ORDERS / INSTRUCTIONS / SPECIFICATIONS
The Customer shall, as soon as an Order has been placed, forthwith provide Fly the Farm with sufficient details and instructions to enable Fly the Farm to commence work. Any additional costs or expenses incurred by Fly the Farm as a result of the Customer's delay in this regard may be added to the Price by Fly the Farm.Orders for products placed online, telephonically or via email will require payment upfront if not in stock.
Orders for repairs may require part payment upfront if components have to be ordered in to complete the repair.
Orders for services will require a 50% deposit on order placement payable no later than 7 days prior to the scheduled booking (unless otherwise agreed) and balance of payment on delivery of the Service.
Orders for Training will require a 50% deposit payable on order placement and the balance paid before commencing the course.
Orders placed, but not paid for within 72 hours, will be cancelled automatically.
SERVICES SOLD
All Services to be supplied by Fly the Farm to the Customer are as described on the Order / Offer and the description on such Order / Offer, prevails over all other descriptions including any specification or enquiry of the Customer.CUSTOMER MATERIALS
The Customer will deliver or make available to Fly the Farm the Customer Materials in a timely manner to ensure that Fly the Farm has the necessary time to meet any agreed time schedules.The Customer will comply with all reasonable directions by Fly the Farm in relation to the format requirements of the Customer Materials.
The Customer grants Fly the Farm a royalty free licence to use and reproduce the Customer Materials for the purpose of providing the Services contemplated by this Order.
The Customer warrants that the use of the Customer Materials by Fly the Farm in accordance with this Order will not infringe the intellectual property rights of any third party.
The Customer indemnifies Fly the Farm and its employees against any damage, loss, cost, and expense (including legal costs and expenses) of whatsoever nature or description arising from the infringement of intellectual property rights of any third party contained in the Customer Materials.
Fly the Farm reserves the right not to use any Customer Materials which Fly the Farm (acting reasonably) deems to be inappropriate or offensive or otherwise in breach of any laws or regulations.
Fly the Farm is not obliged to retain back up copies of the Customer Materials and to the extent permitted by law Fly the Farm will not be liable (whether in contract, tort, negligence, statute or loss of any of the Customer Materials.
ADDITIONAL SERVICES & CHANGES TO THE BOOKING
If the Customer requests a change to the booking, which requires additional Services to be performed by Fly the Farm, then:i.the additional Services will incur additional Fees calculated by reference to Fly the Farm’ hourly charge for the time being; and
ii.at its sole discretion, Fly the Farm may issue an invoice for the additional Fees at any time, including on a monthly basis, whether the changes are agreed to in writing or not.
INTELLECTUAL PROPERTY
All Intellectual Property Rights in anything produced by Fly the Farm in carrying out the Services (‘Fly the Farm IP’) will be retained by Fly the Farm.Upon full payment of the Fees by the Customer, Fly the Farm will grant a perpetual, royalty free, non exclusive and non transferable licence to the Customer to use the Fly the Farm IP for the Customer’s internal purposes or purposes communicated in writing to Fly the Farm at the time of booking Fly the Farm Services.
The Customer grants Fly the Farm a perpetual, royalty free, non exclusive and non transferable licence to use Customer’s trademark, business name and other mark or logo, media containing Fly the Farm footage for marketing and promotional activities to indicate the Customer as a current or past client of Fly the Farm.
CONTINUITY
This contract contemplates that the whole of the work required to complete the Services, or each major section thereof, shall be capable of being completed and delivered by Fly the Farm in one continuous operation. Any additional expense incurred by Fly the Farm as a result of Fly the Farm being unable to complete or deliver the whole of the Services or each major section of the Services in one part or delivery may be added to the Price by Fly the Farm.PART QUOTE ACCEPTANCE
The quote is intended for acceptance in its entirety only, notwithstanding that certain parts thereof may have been individually itemised. Should a portion only of the quote be accepted, that portion may be subject to a revision in price at the election of Fly the Farm.PAYMENT TERMS
Any Customer who has been granted (in writing) a trade account or credit by Fly the Farm shall make payment in full of any invoice within 7 days from the end of the month in which:i. the invoice is dated, or;
ii. the Customer is notified by Fly the Farm that the Services are complete; whichever is the earlier.
Any part of the Price which is not paid by the Customer on the due date shall bear interest at the rate of 8% per annum (which may be waived by Fly the Farm in its discretion).
Fly the Farm shall not have any liability to the Customer whatsoever arising from the cessation of work for failure to pay any invoice.
PRICES/FEES
Unless otherwise stated the prices presented by Fly the Farm are exclusive of Goods and Services Tax (GST).All quoted prices are only valid for 7 days maximum, and may be subject to corrections due to changes in supplier price, shipping rates, exchange rates, duties and GST rate beyond our control.
PAYMENT IN FULL REQUIRED
The Price and all amounts payable to Fly the Farm shall be paid in full and without deduction on the part of the Customer by way of set-off or counter-claim without the written authority of Fly the Farm.Deposits, Payments on Order Placement and balance of Payments shall be in accordance with the above
When ordering from our website we require funds to fully clear before we send your order.
OVERDUE ACCOUNTS
The Customer agrees to pay all legal costs, stamp duty (where applicable) and other expenses incurred by Fly the Farm in connection with the recovery of any amounts which are more than 30 days overdue by the Customer.WORKING HOURS
All quotations and proposals are made in contemplation that Fly the Farm shall execute its work during normal working hours from 8am to 5pm in a five (5) day week. Fly the Farm may, at its sole discretion, elect to accept or decline any quote which may (as a result of the quote or Fly the Farm' other commitments) require it to work outside of normal working hours. Any additional costs resulting from the Customer's direction to work extraneous hours in lieu of the normal working hours in order to supply the Services may be added to the Price by Fly the Farm.SUB-CONTRACTING
Fly the Farm shall be at liberty to sub-contract to third parties such parts of the work required to complete the Service as it may, in its absolute discretion think fit, without reference to the Customer.RELEASE & INDEMNITY
Save as provided in these terms and conditions, the Customer hereby releases Fly the Farm from all liability and indemnifies Fly the Farm in respect of any claim, action or suit for loss or damage (including consequential loss or damage) by reason of delay, faulty or defective materials or workmanship or any act of negligence or omission by Fly the Farm its servants or agents.LIMITATION OF LIABILITY
Fly the Farm' liability for a breach of this contract, including for a breach of a condition or warranty implied by Pt 3-2 Div 1 of the Australian Consumer Law in the case of services, is limited to:i. the supplying of the services again; or
ii. the payment of the cost of having the services supplied again.
at Fly the Farm' sole discretion.
Fly the Farm' liability under section 274 of the Australian Consumer Law is expressly limited to a liability to pay to the Customer an amount equal to:
i. the cost of replacing the Services; orii. the cost of obtaining equivalent Services; whichever is the lesser amount.
GENERAL EXCLUSION OF LIABILITY
The Company is not liable for any prospective profits, or special indirect or consequential damages, or any general loss or damage, or for any expense resulting from use by the Applicant or others of defective goods.The company's liability is limited to the amount identified in the preceding paragraph. Prior authority for the return of goods is required by the Company. The Customer must contact the Company either by telephone or email for this approval.
WARRANTIES
These terms outline how Fly the Farm warrants our services for all goods and services purchased after 1 December 2014.Australian Consumer Law (ACL) protects consumers by giving them certain rights relating to the purchase of goods and services.
If you are a 'consumer' as the term is defined in the ACL:
- Our goods come within guarantees that cannot be excluded under the ACL;
- You are entitled to a replacement or refund for major failure and for compensation for other reasonably foreseeable loss or damage;
- You are entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
With regard to DJI products and warranty, our claims process is aligned with that set by DJI Global (manufacturer) warranty process. While we endeavour to complete DOA and warranty claims in the most efficient time practicable, we are also governed by the timeframes set/met by DJI. DJI Global Warranty information is available at https://www.dji.com/au/service/policy
SERVICE SCHEDULES
Any Service Schedules, Shipping Dates and Completion Dates provided by Fly the Farm to the Customer are estimates only and are not of the essence.Fly the Farm is not liable for any loss to the Customer (or other parties) resulting from late delivery or non-delivery.
Fly the Farm may at its option deliver the Services to the Customer in any number of instalments unless otherwise agreed in writing with the Customer.
If Fly the Farm delivers any of the Services by instalments, and any one of those instalments is defective for any reason:
i.it is not a repudiation of the contract;
ii.the defective instalment is a severable breach that gives rise only to a claim for compensation.
CREDIT LIMIT
If Fly the Farm grants any credit facility or nominates any credit limit, that is an indication only of its intention at the time. Fly the Farm can vary or withdraw any credit facility at its unfettered discretion, without liability to the Customer or any other party.CANCELLATION
No Order that has incurred work, product or service costs may be cancelled except with consent in writing and on terms, which will indemnify Fly the Farm against all losses resulting from such cancellation, and any costs incurred as a result of cancellation are paid in full.Orders placed, but not confirmed / paid within 72 hours will be cancelled automatically and any related quotes will be voided.
PRIVACY POLICY
Fly the Farm will handle any personal information the Customer provides to it, in accordance with its privacy policy. Fly the Farm's privacy policy details are available at flythefarm.com.au/privacy .SHIPPING
Fly the Farm will take all necessary care to ensure safe shipment of the article, but will not be held liable for: Items lost/stolen/damaged in transit where insurance was not selected by the customer (or shipping methods provided select by the customer).Locations outside capital cities and major regional centre’s may take an extra two to three days to be delivered. Some areas may take longer due to the frequency of deliveries to the delivery postcode.
Fly the Farm is not responsible for estimated or guaranteed delivery dates calculated at checkout and we will not refund shipping charges if a customer order was not delivered by the estimated delivery date. This includes loss of income, etc.
Certain large items and high value items may be shipped by courier with insurance protection, customers agree to pay for all insurance and postage costs.
Where an aircraft is ordered together with a protective case, we may repack the aircraft into the case, (additional shipping costs may apply).
Where free shipping promotion is offered, order will be shipped via the best-value shipping method available. Parcel insurance is not included by default. Transit insurance is optional and must be requested by the customer by contacting us before the order is posted.
Fly the Farm is not liable for delays in despatch, transit time, delivery issues, non-delivery of items, or other.
The client must pay return freight charges, for all returns including Warranty Repair/DOA, Fly the Farm will not cover the return freight charges.
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