Terms and Conditions

Last Updated:  October 6, 2020

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, AirSide Australia accessible at airsideaustralia.com.au.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

1. Intellectual Property Rights

Other than the content you own, under these Terms, AirSide Australia and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

1.1 Restrictions

You are specifically restricted from all of the following unless you have obtained current written consent from AirSide Australia directly:

  • publishing any Website material in any other media;
  • selling, sublicensing and/or otherwise commercialising any Website material;
  • publicly performing and/or showing any Website material;
  • using this Website in any way that is or may be damaging to this Website;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
  • using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being accessed by you and AirSide Australia may further restrict access to you to any areas of this Website, at any time, in absolute discretion. Any username and password you may have for this Website are confidential and you must maintain confidentiality as well.

1.2 Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. By displaying Your Content, you grant AirSide Australia a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. AirSide Australia reserves the right to remove any of Your Content from this Website at any time without notice.

2. Benefits & Offers

2.1 Premium Benefits

Users who join AirSide Australia on our Free Listing Package acknowledge the following; Paid Premium Subscriptions and Paid Promotional Packages, including both Premium and Elite promotional packages, allow their attached listings to be displayed higher than, before or above the previously mentioned Free Listing Packages; in search results, on homepage displays and across other pages on the site. Promotional Packages have a limited time-span and are used for short term advertising. Owners of the aforementioned Free Listing Packages and Premium Listing Packages are also eligible to purchase Promotional Packages for their listings to be displayed at the top of search results.

Furthermore, the aforementioned Promotional Packages do not guarantee a listing will be visible on the Homepage every time. The Homepage listing display for businesses is limited to 9 Listings at any one time and randomly re-generates the chosen displayed listings every time the Homepage is loaded to ensure a randomly distributed share of advertised time. The site allocates Promotional Packages first, before completing the available slots with Premium Listings, then randomised Free Listing Packages.

2.2 Limited Time Offers

From time to time AirSide Australia may run limited time offers to customers. These offers can be removed at any time, without notice, voiding any previously stated dates of availability and service.

3. Your Privacy

3.1 Please See our Privacy Policy

Find our Privacy Policy here.

4. Warranties

4.1 No warranties

This Website is provided “as is,” with all faults, and AirSide Australia express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

5. Liability

5.1 Limitation of liability

In no event shall AirSide Australia, nor any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. AirSide Australia, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

5.2 Indemnification

You hereby indemnify to the fullest extent AirSide Australia from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

6. Miscellaneous

6.1 Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

6.2 Variation of Terms

AirSide Australia is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

6.3 Assignment

AirSide Australia is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

6.4 Entire Agreement

These Terms constitute the entire agreement between AirSide Australia and you in relation to your use of this Website, and supersede all prior agreements and understandings.

6.5 Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Queensland or Australia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Queensland & Australia for the resolution of any disputes.

Refund Policy

Last Updated:  October 6, 2020

By Your Side Directories and/or AirSide Australia

This Refund Policy (“Policy”) applies to all purchases from us, unless stated otherwise.

1. Customer Satisfaction Is Our Priority

At By Your Side Directories and/or AirSide Australia, customer satisfaction is our priority.

We offer refunds, repairs and replacements in accordance with the Australian Consumer Law and on the terms set out in this policy for all products and services which are a direct product or service of By Your Side Directories and/or AirSide Australia. Products and Services not covered by this policy include but are not limited to, resale items sold by Businesses listed on our website and using our website for the sale of these items.

Any benefits set out in this Policy may apply in addition to consumer’s rights under the Australian Consumer Law.

2. Australian Consumer Law

2.1 Under the Australian Consumer Law:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  • to cancel your service contract with us; and
  • to a refund for the unsused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods ro a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.

2.2 

We offer refunds, repairs, and replacements in accordance with the Australian Consumer Law

2.3 

The Australian Consumer Law provides a set of Consumer Guarantees which protect consumers when they buy products and services.

2.4 

If the Australian Consumer Law applies, then we cannot avoid the Consumer Guarantee which it provides. If there is an inconsistency between this Policy and the Australian Consumer Law, the Australian Consumer Law will prevail.

2.5 

Further information about the Australian Consumer Law and these Consumer Guarantees is available from the website of the Australian Competition and Consumer Commission.

2.6 

If a product or service which you purchased from us has a major failure (as defined in the Australian Consumer Law) then you may be entitles to a replacement or refund. You may also be entitled to compensation for any reasonably foreseeable loss or damage resulting from that major failure.

2.7 

If a product or service which you purchased from us has a failure which does not amount to a major failure (as defined in the Australian Consumer Law) then you may still be entitled to have the goods repaired or replaced.

3. Change of Mind

We do not offer any refund if you simply change your mind, or find the same product or service cheaper elsewhere.

4. Products Damaged During Delivery

In the event that a product which you ordered is damaged during delivery:

a) Please contact us as soon as possible.

b) Any damaged product must be returned in the condition it was in when you received it, together with any packaging and other items which you received with the damaged product.

c) We will organise to repair the damaged product or to collect it and replace it with an equivalent product, or to provide a refund, provided that you contact us within the following time from the dat you received the product: 14 days

5. Exceptions

Notwithstanding the other provisions of this Policy, we may refuse to provide repair, replacement or refund for a product or service you purchased if:

a) You misused the said product in a way in which caused the problem.

b) You knew or were made aware of the problem(s) with the product or service before you purchased it.

c) You asked for a service to be done in a certain manner, or you asked for alterations to a product, against our advice, or you were unclear about what you wanted.

d) Any other exceptions apply under the Australian Consumer Law.

6. Shipping Costs For Returns

a) In the event that a product you purchased fails to meet one or more Consumer Guarantees under the Australian Consumer Law we will bear any costs of shipping the said product (the “Returned Product”) back to us, as well as any costs of shipping any replacement product to you.

b) If the Returned Product can easily be posted or returned, then you are responsible for organising for the Returned Product to be returned to us. If the Returned Product is eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law) then we will reimburse you for the reasonable postage, shipping or transportation costs for the Returned Product. 

c) If the Returned Product is too large, too heavy, or otherwise too difficult to be removed and returned by you, and is believed to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then we will organise for the postage, shipping, transportation or collection of the Returned Product, at our cost. 

d) In the event that we organise and pay for the inspection, postage, shipping, transportation or collection of a Returned Product, and it turns out not to be eligible for a repair, replacement or refund under the terms of this Policy (including under the Australian Consumer Law), then you will be required to pay the costs of any inspection, postage, shipping, transportation or collection of the Returned Product. 

7. Products Containing Your Data

In some cases, products that you return may contain your data. The replacement or repair of these products may result in loss of your data. We recommend that you back up any data to avoid data loss. We recommend that you remove sensitive or confidential data as this data
may be accessible by anybody who assesses or repairs your products. We are not responsible for any data which is lost as a result of the repair or replacement of your products.

8. Response Time

We aim to process any requests for repairs, replacements or refunds within 14 days of having received them.

9. How To Return Products

a) You may contact us to discuss a return using the details at the end of this Policy.

b) We will pay any refunds in the same form as the original purchase or to the same account or credit card as was used to make the original purchase, unless otherwise determined in our sole discretion.

c) You must provide proof of purchase in order to be eligible for a refund, repair or replacement.

(d) You may be required to present a government issued identication document in order to be eligible for a refund, repair or replacement.

10. For any questions or notices, please contact our Refunds Officer:

Use our legal contact form, here.

 

User Agreement (EULA)

Last Updated:  October 6, 2020

1. Licence

1.1 

Under this End User Licence Agreement (the “Agreement”), By Your Side Directories Pty Ltd and/or AirSide Australia (the “Vendor”) grants to the user (the “Licensee”) a non-exclusive and non-transferable licence (the “Licence”) to use AirSide Australia (the “Software”).

1.2 

“Software” includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.

1.3 

Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.

1.4 

The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.

1.5 

The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.

1.6 

Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

2. License Fee

2.1 

The original purchase price paid by the Licensee will constitute the entire licence fee and is the full consideration for this Agreement.

3. Limitation of Liability

3.1 

The Software is provided by the Vendor and accepted by the Licensee “as is”. Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.

3.2 

The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.

3.3 

The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

3.4 

Where the Vendor feels any of the Software is non-conforming to its specifications, the Vendor may choose to remedy this issue by any of the following: to repair or replace any or all of the Software; or provide a refund to the Licensee.

3.5 

Any refund provided under this section may be reduced where the Licensee has gained significant use and value from the Software. The reduction will be prorated over the anticipated life of the Software.

5. Warrants and Representations

The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the license to use this Software is not in violation of any other agreement copyright or applicable statute.

6. Acceptance

All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee (“Acceptance”) on registration of the Software with the Vendor.

7. Term

The term of this Agreement will begin on Acceptance and is perpetual.

8. Termination

This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.

9. Force Majeure

The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

10. Governing Law

The Parties to this Agreement submit to the jurisdiction of the courts of the State of Queensland for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of Queensland.

10. Miscellaneous

10.1 

This Agreement can only be modified in writing signed by both the Vendor and the Licensee.

10.2 

This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.

10.3 

Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa

10.4 

If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties’ intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.

10.5 

This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.

10.6 

This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor’s successors and assigns.

11. Notice

All notices to the Vendor under this Agreement are to be provided via the contact form, here.

Privacy Policy

Last Updated:  October 6, 2020

This Privacy Policy sets out our commitment to protecting the privacy of personal information provided to us, or otherwise collected by us, offline or online, including through our website. In this Privacy Policy weus or our means AirSide Australia.

1. Personal Information

The types of personal information we may collect about you include:

  • your name
  • images of you
  • your contact details, including email address, mailing address, street address and/or telephone number
  • your credit card or payment details (through our third party payment processor)
  • your preferences and/or opinions
  • information you provide to us through customer surveys
  • details of products and services we have provided to you and/or that you have enquired about, and our response to you
  • your browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour
  • information about your access and use of our Site, including through the use of Internet cookies, your communications with our Site, the type of browser you are using, the type of operating system you are using and the domain name of your Internet service provider
  • additional personal information that you provide to us, directly or indirectly, through your use of our Site, associated applications, associated social media platforms and/or accounts from which you permit us to collect information
  • any other personal information requested by us and/or provided by you or a third party

We may collect these types of personal information directly from you or from third parties.

2. Collection and use of personal information

We may collect, hold, use and disclose personal information for the following purposes:

  • to enable you to access and use our Site, associated applications and associated social media platforms
  • to contact and communicate with you
  • for internal record keeping, administrative purposes, invoicing and billing purposes
  • for analytics, market research and business development, including to operate and improve our Site, associated applications and associated social media platforms
  • to run competitions and/or offer additional benefits to you
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you
  • to comply with our legal obligations and resolve any disputes that we may have

3. Disclosure of personal information to third parties

  • third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, web-hosting and server providers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators
  • our employees, contractors and/or related entities
  • anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you
  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you. This may include parties located, or that store data, outside of Australia
  • third parties to collect and process data, such as Google Analytics or other relevant businesses. This may include parties that store data outside of Australia

By providing us with personal information, you acknowledge that some third parties may not be regulated by the Privacy Act and the Australian Privacy Principles in the Privacy Act and if any third party engages in any act or practice that contravenes the Australian Privacy Principles, it would not be accountable under the Privacy Act and you will not be able to seek redress under the Privacy Act.

4. Your rights and controlling your personal information

4.1 Choice and consent:

Please read this Privacy Policy carefully. By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not, it may affect your use of this Site or the products and/or services offered on or through it.

4.2 Information from third parties:

If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

4.3 Restrict:

If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below.

4.4 Access:

You may request details of the personal information that we hold about you. An administrative fee may be payable for the provision of such information.

4.5 Correction:

If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date.

4.6 Complaints:

If you wish to make a complaint about how we have handled your personal information, please contact us using the details below and provide us with full details of the complaint. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint.

4.7 Unsubscribe:

To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.

5. Storage and security

We are committed to ensuring that the personal information we collect is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the personal information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

6. Cookies and web beacons

We may use cookies on our Site from time to time. Cookies are text files placed in your computer’s browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If and when you choose to provide our Site with personal information, this information may be linked to the data stored in the cookie.

We may use web beacons on our Site from time to time. Web beacons (also known as Clear GIFs) are small pieces of code placed on a web page to monitor the visitor’s behaviour and collect data about the visitor’s viewing of a web page. For example, web beacons can be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that page.

7. Links to other websites

Our Site may contain links to other websites. We do not have any control over those websites and we are not responsible for the protection and privacy of any personal information which you provide whilst visiting those websites. Those websites are not governed by this Privacy Policy.

8. Amendments

We may, at any time and at our discretion, vary this Privacy Policy by publishing the amended Privacy Policy on our Site. We recommend you check our Site regularly to ensure you are aware of our current Privacy Policy.

For any questions or notices, please contact our Privacy Officer:

Use our legal contact form, here.

Privacy Policy provided by LegalVision.com.au

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