Reference to our website includes the domain names skyrental.com.au and skyoffice.com.au.

The use of our website is subject to these Terms & Conditions of Use. Please ensure you read and understand them.

1.1  Website's purpose:
 
The main purpose of our website is to bring like-minded customers and promoters together.

1.2  Publishing criteria:
 
Businesses, products and services are published on our website subject to a number of conditions. They include:

• The business, product or service must be recommended by a currently-licensed pilot;
• The recommendation explains how the business, product or service has above average quality, safety or reliability; and
• The recommendation is recent and genuine.

2.1  There are four entities referred to in these Terms & Conditions:

• the customer — anyone who accesses our website for whatever reason is a customer.
• the promoter — anyone who offers products and/or services on our website (including their authorised agents, contractors and employees) is a promoter.
• us/we/our — the content of our website is managed by Australasian Aircraft Rentals Pty Limited which includes its subsidiary business units SkyRentals and SkyOffice, noted here as us, we and our.
• BigPond — our website is hosted on servers operated by Telstra BigPond.

2.2  Everyone's obligations:
 
We are bound by the conditions set by BigPond for hosting our website. Promoters are bound by the conditions set by us as per these Terms & Conditions of Use.
 
Customers and promoters will be deemed to have read and accepted these Terms & Conditions of Use when they use any webpage or weblink on our website. These Terms & Conditions of Use do not detract from the provisions of all applicable regulations and other statutory requirements, and provide additional obligations on customers, promoters, us, and BigPond; all entities agree to meet such obligations.

2.3  Additional definitions and interpretations:

• Promotional material is the information (including text, images, graphics, logos and hyperlinks) to be published on our website for the promoter.
• Commencement date is the date on which a promoter's promotional material is first published on our website.
• A webform is an electronic form provided on our website through which customers can enter and submit information to promoters.

In these Terms & Conditions of Use, unless the context otherwise requires:

• references to persons include any other entity recognised by law and vice versa
• words importing the singular number include the plural number and vice versa
• words importing one gender include every gender
• any reference to any of the entities by the defined terms includes that entity's executors, administrators and/or permitted assigns, or being a company, its successors and/or permitted assigns
• every covenant or undertaking expressed or implied by which more persons than one agree or undertake any obligation and/or derive any benefit in terms of these Terms & Conditions of Use shall bind and/or enure for the benefit of such persons jointly and each of them severally
• clause numbers, headings, captions and embedded hyperlinks are for reference purposes only
• where any word or phrase is given a defined meaning in these Terms & Conditions of Use, any other part or speech or other grammatical form of such word or phrase shall have a corresponding meaning
• a reference to a statute or statutory provision includes that statute or statutory provision as amended, extended, consolidated or replaced by subsequent legislation and any orders, regulations, instruments or other subordinate legislation made under the relevant statute.

2.4  Governing Law:
 
These Terms & Conditions of Use and the transactions contemplated by these Terms & Conditions of Use shall be governed by the laws of the state of Queensland, and all the entities hereby submit to the non-exclusive jurisdiction of the Courts of that state.

2.5  Entire Agreement:
 
To the extent permitted by law, in relation to the subject matter of these Terms & Conditions of Use, these Terms & Conditions of Use embody the entire understanding of the entities and constitute the entire terms agreed between the entities, and supersede any prior written or other Terms & Conditions of Use, arrangement or understanding between the entities.

3.1  Accuracy of information:
 
Although our website is routinely checked and updated, we make no representation as to the accuracy, currency or completeness of any promotional material. All promotional material is provided "as is" without express or implied warranty. We will not be held liable for any loss or damage (whether special, indirect or consequential) incurred by anyone using the promotional material.

Our website may provide promoters' contact details (including telephone and facsimile numbers and post and e-mail addresses) and webforms (which includes equivalent data entry methods). We are not responsible for the accuracy, legality, decency and/or security of information transmitted by a customer either directly to a promoter or via a webform.

3.2  Links to other sites:
 
Our website may provide access to other websites on the internet via hyperlinks. We are not responsible for the accuracy, legality, decency and/or security of material, or copyright or privacy compliance, of any linked website or of any services or information provided via any linked website. Customers use the information and links at their own risk.

3.3  Copyright:
 
Copyright and property in the promotional material belongs to us except for trademarks, business names or trade names which the promoter owns or has the right to use.

All information published on our website is intended for personal use and is not to be used for commercial purposes without our prior written consent.

We grant customers permission to view our website using a web browser provided that customers do not modify, resell or create derivative works from the material on our website.

3.4  Changes:
 
All prices displayed and the businesses, products and services offered on our website are subject to change without notice.

We reserve the right to vary any of these Terms & Conditions of Use at any time. Customers' and promoters' subsequent use will be governed by the varied Terms & Conditions of Use.

Customers and promoters are encouraged to check these Terms & Conditions of Use regularly for any updates. We can provide an e-mail notification service on request.

3.5  Security:
 
Although BigPond has security measures in place in relation to information uploaded to our website, customers and promoters acknowledge that the internet is inherently insecure and that we will not be held responsible for any breach of security or unintended loss or disclosure of information in relation to our website.

We do not guarantee the security of our website or any systems (including the internet and a customer's hardware and software) used in accessing our website, or any information passed through such systems; nor do we guarantee that access to our website or any systems used to access our website will be continuous or virus- or error-free.

3.6  Log files and cookies:
 
Information about categories of customers (such as domains and browser types) may be logged by BigPond for the purposes of internal administration and analysis, and to monitor the health of our website; some or all of that information may be passed by us to promoters to report on the effectiveness of their promotional material.

Our website does not use cookies.

3.7  Privacy:
 
We have adopted the National Privacy Principles in our day-to-day operations.

Our website may use webforms (which includes equivalent data entry methods) that customers can use to request or query products, services, or information from promoters. The data that customers enter into a webform (for example: name, business name, telephone number) are used for the purposes described on the webform and passed to the promoter selected by the customer. A copy of the data entered into a webform by a customer is automatically provided to us for the purposes of (i) monitoring the proper functioning of our website, and (ii) ensuring enquiries sent to promoters are speedily answered.

Data entered into a webform is transmitted by e-mail to the promoter and to us; if a webform has been set up to transmit data via a secure link, it will say so; if a customer is concerned about the security of e-mail messages sent over the internet, they may submit the data requested on the webform by an alternative means such as fax or post. We will not disclose any of the data monitored unless expressly authorised or legally required to do so. Customers who have submitted data via a webform may obtain a copy of their submissions by requesting it in writing from us.

Additional advice about the internet, cookies and personal information can be found on the Privacy Commissioner's website.

3.8  Indemnity:
 
To the extent permitted by law, customers and promoters (including their authorised agents, contractors and employees) hereby waive any and all claims against us arising out of the use of our website.

4.1  Authenticity:
 
As far as is permitted by these Terms & Conditions of Use, we are committed to providing clear, concise and accurate information to customers.

We may check the credentials of a promoter and their promotional material with relevant local, state and/or federal authorities for the purposes of verifying the information provided by the promoter. We may also contact the pilot who provided the promoter's recommendation to verify the information provided, including his or her flight credentials.

4.2  Listings provided on our website:
 
There are four main categories of businesses, products and services currently on our website:

• Renting planes
• Maintaining your plane
• Hotels and Accommodation
• More businesses, products and services

We offer each prospective promoter a link to a webpage they nominate from one or more of our website's locality menus, as appropriate to the category of business, product or service to be promoted.

The promoter's nominated webpage will be directly accessible from our website's locality menu(s) and sitemap.

Promoters are to provide us with access to and permission to use information about their business, product or service including a testimonial from a currently-licensed pilot who is recommending the business, product or service based on recent experience, for publishing on our website.

4.3  Proofs:
 
Promoters will be offered the opportunity to proofread new promotional material, or amendments to existing promotional material, before they are published on our website.

We will also proofread all promotional material prior to publishing on our website but ultimately it is the promoter's responsibility to check and notify any errors or omissions.

4.4  Restrictions:
 
We reserve the right to reject for any reason promotional material considered unacceptable. We also reserve the right to refuse any promotional material request or may suspend or cancel the publishing of any promotional material that does not fully meet and fulfil the promoter's obligations set out in these Terms & Conditions of Use.

4.5  Promotions:
 
From time to time, we may communicate promotional offers and special events to promoters (by e-mail, fax or post). Promoters have the right to opt out of these additional communications and can do so on request to us (by e-mail, fax or post).

4.6  Additional exposure:
 
Promoters and prospective promoters should be aware that we may also appear on the following websites:

• aeroclub.com.au
• Australian Aviation Webring
• OziPilotsOnline
• Thirty Thousand Feet

4.7  Dissatisfaction:
 
We aim to provide promoters with the highest quality service to meet their promotional needs. If expectations are not met, promoters are urged to contact us to attempt to resolve any dissatisfaction as quickly as possible.

5.1  Fees payable:
 
We try to maintain economical rates for promoters. There are three standard Fees and one optional Fee which are based on the time it usually takes us to process a promoter's request. Fees include GST and are described below in more detail:

• Weblink Creation Fee — a once-only AUD$11 charge for creating each new weblink.
• Monthly Weblink Publishing Fee — a monthly charge of AUD$11 to be paid in advance for publishing a promoter's weblink(s).
• Weblink Update Fee — a charge of AUD$11 for making amendments to a promoter's weblink(s). Optional: An expedited (high priority) update incurs an additional AUD$11 charge.

Ongoing charges for publishing promotional material are based on monthly anniversaries of its commencement date. Unless otherwise advised by us, all Fees are payable in advance.

5.2  Initial payment of Fees:
 
Before a promoter's promotional material will be published on our website, we will issue a prospective promoter with a tax invoice (by e-mail, fax or post) for:

• a Weblink Creation Fee of AUD$11;
• a Monthly Weblink Publishing Fee of AUD$11 for the first month;
• and, if requested by the promoter, an Expedited Update Fee of AUD$11.

On payment of the Fees, we will arrange for the promotional material to be published on our website at the next scheduled website update, or sooner if the Expedited Update Fee has also been paid.

The date on which the promotional material is first published on our website is the commencement date.

5.3  Ongoing payment of Fees:
 
Prior to each monthly anniversary of the commencement date, we will issue a promoter with a tax invoice (by e-mail, fax or post) for payment of the AUD$11 Monthly Weblink Publishing Fee, to keep their promotional material on our website.

5.4  Default:
 
Failure to pay a Monthly Weblink Publishing Fee by the immediate monthly anniversary of the commencement date relieves any obligation by us to continue publishing the promotional material on our website, unless we did not issue the tax invoice for that month in a timely manner in which case the promoter has seven (7) business days to pay the Fee from the invoice's date of issue before this clause takes effect.

5.5  Late payment of Fees:
 
Where promotional material has been removed from our website due to late payment by its promoter, we will, when payment has been received in full for any outstanding amounts invoiced, arrange to have the promoter's promotional material republished on our website at the next scheduled website update or sooner if an Expedited Update Fee has also been paid. For the purposes of this clause, the original commencement date continues to apply.

5.6  Update Fees:
 
A promoter may request amendments to the promotional material by notifying us at any time (by e-mail, fax or post). We will respond by issuing the promoter with a tax invoice (by e-mail, fax or post) for payment of:

• a Weblink Update Fee of AUD$11
• and, if requested by the promoter, an Expedited Update Fee of AUD$11.

On payment of the Update Fee(s), we will arrange to have the promoter's amended promotional material published on our website at the next routine website update or sooner if the Expedited Update Fee has also been paid.

5.7  Expedited Update Fees:
 
We schedule routine updates to our website. However, promoters who request an expedited (that is, high priority) update will be issued with a tax invoice (by e-mail, fax or post) for payment of an Expedited Update Fee.

On payment of the Fee, we will arrange to update our website as a matter of high priority.

An Expedited Update Fee will not be required to be paid if a scheduled update occurs before that Fee has been paid.

An Expedited Update Fee will be refunded or credited in full:

• if that Fee has been paid after the scheduled update has occurred, or
• if, for any reason whatsoever, we are unable to carry out an expedited update.

5.8  Cancellation/Suspension:
 
A promoter may terminate the publishing of its promotional material by notifying us at any time (by e-mail, fax or post). Any fees already paid to us for the promotional material are non-refundable. We will arrange to have the promotional material removed from our website at the next scheduled website update or sooner if an Expedited Update Fee has also been paid.

The original commencement date does not apply to promotional material that has been cancelled or suspended.