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TERMS OF USE

This page sets out the Terms of Use and Sale for the Sierra Velo Pty Ltd ACN 140 019 521 t/as Focke Wulf Aircraft (“Focke Wulf”) website located at <www.fockewulf-aircraft.com> and all functionality and content at that domain (“website”).  These Terms of Use apply when you access and purchase products from the website.  We may change the Terms of Use from time to time by publishing an updated version on our website and that version will supersede all previous versions. 

1. Licence to use the website. Subject to you complying with these Terms of Use, we grant you a limited, non-exclusive, revocable, non-transferrable licence, without any right to sublicense, to use the website for the following limited purposes: (i) to learn about our business and the products we offer; (ii) to review any content published on the website; (iii) to buy or order products we make available online; and (iv) to contact us.

2. Membership. General access to the website is provided free of charge. To access certain functionality such as our newsletter or promotions, you will need to register on the website and/or confirm membership credentials to become a member. In becoming a member you must ensure that all information you provide to us is true, accurate, working and remains up to date.  You can update your details through your membership login or contact us at info@fockewulf-aircraft.com. Upon our request, you agree to provide us with identification and other information as we may reasonably require to verify your identity, your compliance with the Terms of Use or as may be required by any law or government agency.  We may also collect and disclose information about you in the instances set out in the Privacy Policy.

You are solely responsible for ensuring the confidentiality of your membership credentials and the security of the environment from which you access your membership account.  You agree to accept full responsibility for all use made of the website by any person using your membership credentials. You should contact us immediately if you suspect or know of any unauthorized use of your membership credentials (such as your username and/or password).  You agree to comply with all reasonable security procedures which we may require you to undertake.

You may terminate your membership at any time by emailing us at info@fockewulf-aircraft.com or, where you are able to, through your membership login. Your membership may not be transferred or assigned to anyone else.  We reserve the right to terminate your membership account, restrict functionality available to you and/or refuse service to you for any reason and at our absolute discretion, without any prior notice to you. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination.

3. Website functionality.  The website functionality may change over time and without you receiving notice. It may include the addition and/or removal of content and/or products and/or services, the addition of new features or variations to existing features (such as the look and feel and the user interface). If you are not satisfied with any changes to the website functionality, you may terminate your use of the website and the application of these Terms of Use accordingly.

4. Prohibitions of your use of the website. In addition to all other requirements in these Terms of Use, you must not use the website: (i) to bring us or the Website into disrepute; (ii) in any manner which is unlawful or which causes you or us to breach any law, regulation, rule, code or other legal obligation; (iii) for the purpose of commercial resupply of products or services offered on or available from the website; (iv) in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website; (v) to copy, scrape, data-mine, harvest or otherwise appropriate or make available any content from our website, for any reason including to develop or promote any other website, database or e-store, or to resupply our products; (vi) to obtain or attempt to obtain access to any materials or information through any means not intentionally made available or provided for through the website; (vii) to harvest or otherwise collect information about others, including e-mail addresses, or to send any junk mail or unsolicited commercial messages; (viii) to change or attempt to change the presentation, content or layout of any part of the website; (ix) to attempt to probe, test or circumvent the security aspects of the website; (x) to use any code or device referring to the website to direct people to another web page or to use any device or mechanism, such as a browser, spider, robot, avatar or other intelligent agent, to navigate or search the website or any of our network(s) other than generally available third party web browsers (such as Internet Explorer); (xi) to attempt to modify, adapt, sublicense, translate, sell, decipher, decompile, disassemble, reverse engineer or otherwise disassemble any portion of the website (except to the extent permitted by law); or (xii) to upload files that contain viruses, corrupted files, or any other similar software or programs that may limit or damage the operation of another’s computer; and (xiii) to use any content from the our website in a way that otherwise violates these Terms of Use, any third party right (such as an intellectual property right) or any other law, regulation, rule, code or legal obligation. We expressly reserve the right to take whatever action we deem necessary to protect our interests or the interests of any other third party.

5. Linking. If we provide links to or from external websites on our website (“linked sites”), you access the linked sites at your own risk. Such links do not indicate any relationship between us and the owner or operator of the linked site nor do we grant any licence or right for you to use or access the linked site.. We do not endorse, nor are not responsible for, the content, operation or security of any linked site, nor the products and/or services the linked site advertises. Your use of any linked site is subject to the linked site’s terms and conditions.

Please contact us to request permission if you would like to link, frame or mirror any part of our website. You must not proceed without our express written permission. Since we cannot control external websites linking our website, any links to our website should not be considered as our endorsement of the external website or business.

6. Intellectual Property. This website and the products sold on this website contain material which is protected by Australian and international intellectual property laws, confidentiality and other legal rights and obligations. You may not do anything that interferes with or breaches those laws or the intellectual property rights in the material on our website, such as reusing the content for your own publications or otherwise reproducing the content without our express written permission. This applies to content we provide and content provided by others. You may not:

  • re-use any of our content in providing your own publications, website, or other type of distribution service or for the purpose of commercial re-supply; or
  • reproduce our content without our express written permission or the permission of the copyright owner.

Except for the limited licence expressly granted herein, nothing in these Terms of Use constitutes a transfer of any intellectual property rights to you.

Our trademarks and the trademarks of third parties may be displayed on the website from time to time. Nothing displayed on this website should be construed as granting any licence or right of use of any logo or trademark without the express written permission of the relevant owner.

7. Warnings and Disclaimers. The provisions in this clause are subject to all applicable laws which prohibit or restrict the exclusion or modification of implied warranties and/or limitations on our liability.

The website, including all functionality and content, is provided “as is” and may: (i) contain inaccuracies, errors and/or be out of date; (ii) be unreliable and unsuitable for your requirements and purposes; and/or (iii) not provide the results you desire. Your use of the website and related services is on the basis that you assume responsibility for all associated risks, whether or not those risks are foreseen. 

The products and any ancilliary services we supply to you are covered by the Australian Consumer Law (“ACL”) and we guarantee that the products will be of an acceptable quality (as that term is defined by relevant law), taking into consideration the price you paid for the products and any deficiencies of which we have disclosed to you in these Terms of Use (or otherwise).

Where our products or ancillary services fail to meet the guarantees mandated by the ACL you may be entitled to, at our option:

  • for any major failure, a refund and compensation for your losses or damages which were reasonably foreseeable; or
  • for a non-major failure, to have the goods (if relevant) repaired or replaced and/or to have the services (if relevant) re-supplied by us or to be reimbursed the cost of their re-supply.

To the maximum extent permitted by law:

(1) You assume all risk: Your use of the website, our products or our ancillary services is on the basis that you assume responsibility for all associated risks, whether or not foreseen, and that we are in no way liable or responsible except as set out in this section.

(2) Exclusion of warranties etc: We exclude all representations and warranties in respect of the website and any products or ancillary services we provide and the subject matter of these Terms of Use, other than those expressly set out in these Terms of Use and those which by law cannot be excluded.

(3) Limitation of liability: In summary, we limit our liability to you (or anyone else) to the lesser of the amount we have charged you (or, where no amount has been charged, $10) or the cost of us remedying any defect. This means that our total liability (including the total liability of our officers, directors, employees, agents, representatives and third party suppliers) to you or any other third party, in aggregate, regardless of the nature of the claim (whether contract, tort, intellectual property-based or otherwise) and whether arising by way of losses, damages or otherwise is limited to the lesser of:

  • the fees we have charged you (or if we have not charge you any fees, $10); or
  • the cost of us remedying any defect;

and all liability in respect of any special, indirect or consequential loss or damage is excluded (except for any consequential loss which cannot be excluded by law, such as that arising under the ACL).
Liability limited by this section includes liability in any way related to: the website , the security of the website, links by external websites to or from the website, advertising on the website, the conduct of other users on the website, support we provide you, any loss of data, breach of our Privacy Policy and/or interruption of your or any other business.
You also agree to waive any claim which you may otherwise have against any of our third party suppliers. To the extent that any provision purporting to limit our liability is held to be unenforceable, our liability will be limited to the maximum extent permitted by law.

(4) Where limitation cannot legally be limited, then to the maximum extent permitted by law, our liability in respect of any claim, at our option, is limited to:

  • in the case of goods, either the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of having the goods repaired, and
  • in the case of services, either the supply of the services again; or the payment of the cost of having the services supplied again.

The security of any payments made in respect of the website (such as for membership) is dependent upon the security of our third party payment systems provider(s).  We in no way guarantee or make any recommendations as to the security or reliability of their systems.  Any use of their payment systems is entirely at your own risk and you agree that we are in no way responsible for any inadequacy in the security measures or failures in the security of the payment systems.  Should you prefer, you may contact us directly on info@fockewulf-aircraft.com to discuss any alternative payment method.

8. Your liability to us. You agree to indemnify us and hold us (and our officers, agents and employees) harmless from any claim or demand (including legal fees), or any claim or demand made by a third party, and against all losses, damages, costs and expenses of any nature whatsoever arising out of or in relation to your breach of these Terms of Use, the Terms of Sale, or any law or regulation or the legal rights of any person which relate in any way to your use of the website and any product and/or ancillary service you purchase from us.

9. Termination. These Terms of Use may be terminated at any time and for any reason by (i) you, by ceasing all further access to or use of the website or, if you have become a member, by advising us by email; or (ii) us, by ceasing to operate the website, terminating your membership or advising you by email. Termination may be of immediate effect and without any prior notice. Any rights, obligations and liabilities which have accrued at the point of termination will continue beyond and survive termination. 

10. Miscellaneous. You agree that all notices and communications are effectively given to you if they are sent to your last advised email address. Please ensure you keep us up to date with your current working email address and ensure that our emails do not get routed to your “junk” email folder or otherwise filtered such that they are not delivered.

You may only use the website if you are least eighteen (18) years of age. If you are accessing the website on behalf of a company, you must be duly authorized to accept these Terms of Use on behalf of that company. You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms of Use. If you do not comply with these Terms of Use you should immediately cease all use of the website. 

These Terms of Use form the entire agreement between you and us with respect to the subjects set out in these Terms of Use.  If any provision of these Terms of Use is invalid or unenforceable, the relevant provision shall be deemed to be removed and replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall continue in full force and effect.  Any failure to assert any right under the Terms of Use does not constitute a waiver of such right. No waiver of any term of the Terms of Use will be deemed a further or continuing waiver of that term.  These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia and each party submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

11. Definitions. In addition to the definitions already set out: “content” means any information, opinions, commentary, graphics and any other materials viewable on the website or otherwise transmitted using the website; “including” and “may include” mean “including but not limited to” and “may include (without limitation)” respectively; “member” means any person or business who we have accepted as a member of the website; “membership credentials” means the username, password or any other information which is used to access a membership account; “the website” means www.fockewulf-aircraft.com and all content residing in that domain, including the website functionality, the layout, design and underlying code and systems, and including the many ways you can access the website including without limitation desktops, tablets, mobile phones and RSS feeds; “we”, “us” and “our” refers to Sierra Velo Pty Ltd ACN 140 019 521 trading as Focke Wulf Aircraft; “website functionality” means the nature, composition, features, availability, functions and all other aspects of the operation of the website; and “you” and “your” refer to (i) you as a website user personally and (ii) if you are accessing the website within the scope of your employment and/or on behalf of a company, that employer and/or company (as appropriate). 

Terms of Sale

These terms apply if you place an order to purchase items through the website www.fockewulf-aircraft.com. By completing and submitting an order through this website you acknowledge and agree to the following terms (“Terms of Sale”). These Terms of Sale are incorporated into and apply in addition to the website’s general Terms of Use.  Definitions outlined in the Terms of Use have the same meaning as in these Terms of Sale.

1. Placing an order. You may order our products by selecting the relevant product/s on our website, completing the relevant order pages and making full payment for the order including any delivery charges (an “order”). Your order may be accepted or rejected for any reason. We will send you either an email summarising your order and we will advise you in that email if your order has been accepted or rejected. We will also send you an email once the order has been dispatched and once the order has been received by you (if you have chosen to track your order). Each order we accept from you is a separate agreement between you and us, subject to the Terms of Use and Terms of Sale. For certain products, additional terms may apply of which you will be notified at the time of placing your order. Please take care in placing your order as we are not required to provide refunds simply because you change your mind.

2. Price of products and related charges. All prices, charges, fees, rates and all other payments (such as delivery fees and charges) are inclusive of GST and are stated on the relevant website pages at the time you place your order. You must pay these amounts at the time you place your order by means of either (i) credit card payment (Visa, Mastercard, American Express) or debit cards displaying Visa or Mastercard logos in which case you authorize our designated banking payment gateway to debit your nominated card an amount equal to your order; or (ii) where available, a nominated third party payment gateway such as Paypal Pty Ltd, Masterpress or BPay. If there is a problem processing your payment after your order has been accepted, we may cancel your order. Prices and related charges for products may change over time and any special offers may be for a limited time or quantity.  

3. Cancellation of orders. Whilst we will usually only cancel an order due to our inability to supply the relevant product/s, we reserve the right to cancel all or any part of an order for any reason and in our absolute discretion, in which case we will provide you with a full refund.

If you wish to cancel an order you should email us immediately at info@fockewulf-aircraft.com and quote your order number in your email. We will not accept any request to cancel an order if the order has been dispatched for delivery to you. All other such requests will be considered during business hours only (9am-5pm Monday-Friday) and in our absolute discretion, and may be subject to an administrative charge which will be notified to you. 

4. Delivery, collection and returns of orders.  Delivery times stated on our website are for general guidance only. You agree that delays may occur and that the method of delivery may be changed (with notification to you if the change is significant). You also agree that our ability to deliver to your location is subject to our delivery service providers.

Where you order several products within the one order, these products may be delivered separately. We or our delivery service provider may need to contact you to advise you of additional requirements in relation to your delivery or to arrange a delivery time. You agree to comply with these requirements. You, or a person authorized by you, agree to be present to accept your delivery if required. If you are not present at the required time, then the product may not be delivered and you may be charged an additional delivery fee.

We are not responsible for lost or late orders once the products in the order have been dispatched to you. If a product appears damaged at the time of delivery then please contact us immediately at info@fockewulf-aircraft.com.

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