Terms & Conditions
TERMS AND CONDITIONS
Drone Addiction (ABN 50 701 636 101) ("we", "us", "our") is a trading name and authorised Australian supplier of DJI, Flightwave, and SwellPro unmanned aerial vehicles ("UAVs" or "Products").
THESE TERMS AND CONDITIONS GOVERN YOUR PURCHASE OF PRODUCTS AND/OR REQUEST FOR REPAIRS AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS APPLY TO YOUR PURCHASE OF PRODUCTS AND/OR REQUEST FOR REPAIRS. BY PURCHASING PRODUCTS AND/OR REQUESTING REPAIRS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1.Compliance and Safety
1.1 You must not use the Products in any way that breaches a statute, regulation, proclamation, order, ordinance or by-law—whether Commonwealth, state, territorial or local—("Law"), including but not limited to the Civil Aviation Safety Regulations 1998 (Cth) ("CASA Regulations"), as amended from time to time and available at www.casa.gov.au.
1.2 Without limiting clause 1.1, you expressly acknowledge that in accordance with the CASA Regulations, those Products capable of flight: (a) Must not be operated for commercial purposes unless an appropriate RePL licence or an approved ARN has been obtained from the Civil Aviation Safety Authority; and (b) Must not be operated in restricted areas, above specified heights, or within close proximity to people.
1.3 All Products are accompanied by safety instructions and, in some cases, manuals relevant to their safe operation. By purchasing the Products, you agree to comply with these instructions and all safety guidelines, whether provided in hard copy or electronic form.
2. Conditions of Use
2.1 You must not use the Products in any unlawful, threatening, or inappropriate manner.
2.2 You must ensure that any data or information captured through use of the Products (or devices attached to them) does not breach any applicable Law.
3. Damage and Total Loss to UAVs
3.1 You acknowledge that: (a) The correct operation of Products may be impacted by radiofrequency ("RF") interference, including emissions from mobile towers; (b) Operation may also be affected by structural impediments such as buildings and bridges; and (c) Flyaway incidents may occur due to RF or environmental interference ("Interferences").
3.2 You fly UAVs at your own risk. We are not liable for any loss or damage due to Interferences.
3.3 Some Products can be modified by: (a) Connecting them to computers and changing diagnostic parameters; or (b) Replacing or installing new parts ("Modifications").
3.4 You perform any Modifications at your own risk.
3.5 We are not liable for any loss or damage arising from: (a) Interference-related issues, including flyaway events; (b) Modifications made by you or on your behalf; (c) Water damage due to contact with liquid; or (d) Operator error.
3.6 We will not refund purchases resulting from damage or loss due to any of the above circumstances.
4. Warranties
4.1 All Products are covered by the original manufacturer's warranty, available on their websites. Warranty coverage is subject to the terms set by each manufacturer.
4.2 If you purchased a Product from us, you may request our assistance in submitting a warranty claim to the manufacturer. However, the claim remains between you and the manufacturer.
4.3 Contact us to initiate a warranty claim. We will provide further instructions.
4.4 We do not guarantee approval or outcome of warranty claims.
4.5 You are responsible for all postage costs related to warranty claims.
5. Repairs
5.1 You may request us to repair Products purchased from us or elsewhere.
5.2 We will notify you of all costs associated with the repair.
5.3 If you engage us for repairs, we will advise you regarding: (a) Shipping instructions; (b) Costs for preliminary inspection; (c) Costs for repairs; (d) Cost of any replacement parts; and (e) Estimated repair timeline.
5.4 You are responsible for all postage costs related to repairs.
6. Accuracy of Information
6.1 Information on our website is sourced from third parties. While we aim for accuracy, we do not guarantee the reliability or completeness of third-party content.
7. Limitation of Liability
7.1 To the extent permitted by law, we do not guarantee: (a) Suitability of Products for your intended use; or (b) That Products will be free from defects or errors.
7.2 To the extent permitted by law, we: (a) Exclude all liability for: (1) Loss of profits, revenue, data, or any indirect or consequential loss; (2) Loss resulting from issues in 3.5(a)-(c) or other external factors; (3) Loss resulting from repair work; (4) Loss during transportation; and (5) Reliance on third-party content on our website; (b) Exclude all warranties implied by law; (c) Limit our liability to the cost of the Products or Repairs.
7.3 Where applicable law implies a non-excludable guarantee ("Non-excludable Guarantee"), it applies despite any other provision in these terms.
7.4 For breaches of a Non-excludable Guarantee, we limit our liability, at our discretion, to: (a) For Products: (1) Replacement; (2) Repair; (3) Reimbursement of replacement cost; or (4) Reimbursement of repair cost; (b) For Repairs: (1) Performing the repair again; or (2) Reimbursing the cost of repair.
7.5 You acknowledge that: (a) Use of Products is at your own risk; (b) We do not warrant Products for specific uses or fault-free operation; (c) No verbal or written advice from us creates additional warranties; and (d) Our liability is limited as outlined above.
8. Indemnity
8.1 You agree to indemnify us and our officers, employees, and agents against all loss arising from: (a) Breach of these terms; (b) Your wilful misconduct; or (c) Your unlawful or negligent actions.
9. Orders and Payments
9.1 Orders must follow instructions on our website.
9.2 Prices may change at any time. Once an order is confirmed, the price cannot be changed unless agreed in writing.
9.3 We may decline or cancel orders at our discretion before dispatch.
9.4 Orders must be paid in full before delivery.
9.5 We are not responsible for internet disruptions affecting order processing.
9.6 All purchases are final. We do not offer refunds for change of mind or customer error.
9.7 At our discretion, we may offer store credit for returned Products that are in original, undamaged condition.
9.8 No refunds will be issued for losses or damage described in clauses 3.5(a)-(d).
10. Dispute Resolution
10.1 Before initiating litigation (excluding urgent legal relief), parties must attempt in good faith to resolve disputes via a representative discussion within 7 days of notice.
11. Amendments 1
1.1 We may update these terms at any time. Changes are effective upon publication on www.droneaddiction.com.au.
12. General Provisions
12.1 These terms represent the full agreement between you and us.
12.2 Title and risk pass to you upon dispatch. We are not liable for third-party delivery delays.
12.3 A waiver of rights on one occasion does not constitute a continuing waiver.
12.4 If any term is deemed invalid, it will be severed and the remaining terms will remain in effect.
12.5 These terms are governed by the laws of Victoria, Australia. You submit to the non-exclusive jurisdiction of its courts.
13. Privacy
13.1 By placing an order, you consent to our collection and use of your data for order processing and product updates. You may request access to, or correction of, your personal data in writing. We reserve the right to charge a small fee for data access requests. Please refer to our Privacy Policy for more details.