Terms & conditions
For the purposes of these terms and conditions, you means the individual user of this website and any service provided on, via or in connection with your use of this website (and your has a corresponding meaning) and we means Airways Corporation of New Zealand Limited (and our and us have a corresponding meaning).
These terms and conditions apply to your use of and access to this airshare™ website (Website, which for clarity includes all content on the Website and airshare’s Facebook page) and any services provided by us on, via or in connection with your use of the Website (Services). Any such use and/or access will be deemed to be acceptance of these terms and conditions.
We reserve the right to update these terms and conditions from time to time and your continued use of and access to the Website and the Services will be deemed acceptance of any updated terms and conditions. Any update to these terms and conditions will be effective from the time they are posted on the Website.
General rules of use
The Website is made available to you free of charge as an individual user for your personal use only.
You will use the Website and Services in a manner that is at all times consistent with these terms and conditions and all applicable laws, rules and regulations.
You must not interfere, damage, undertake any unauthorised upload or modification or otherwise harm the Website and/or the Services (or any related system or network), including any attempt to do so.
You must not use any spider, robot, scraper, deep-link or other automated device or means to use or access the Website (or any part of the Website) and/or Services.
You must comply with all our instructions in relation to our provision of any Services to you.
When you register on the Website (including when you subscribe to MarketPlace) you provide various personal details such as your name and email address. This information and any other information provided by you is stored in a secure database and may be used by us so that we can communicate with and provide services to you, and to help us understand the unmanned aerial vehicle industry. Subject to the immediately proceeding paragraph, we may provide some information to third parties for commercial and uncommercial purposes but, other than information provided to third parties via the Facebook social plug-in on the Website, such information will not be provided in such a way that identifies you.
You agree that by providing any personal information to us, such information may be provided to third party agencies (such as the Police and the Civil Aviation Authority) for the purposes of the maintenance of law and/or public safety.
Registered users of the Website and/or subscribers to MarketPlace may view and update any personal information we hold about you by contacting us at airshare, Customer Management Team, PO Box 14131, Christchurch 8053 New Zealand.
In order to ensure compliance with the law and maintain cyber security standards, we and our authorised contractors monitor use of and interaction with our information systems (including email traffic and web browsing). This monitoring includes activity logging and analysis and occasional formal audit. Information gathered through such monitoring (regardless of whether it relates to or is connected with your involvement in any malicious or illegal activity) may be:
- used to prevent and resolve unauthorised access to or attacks on our information systems;
- provided to others (such as data analysis companies, information security providers, the police and/or other government agencies) to:
- comply with New Zealand or overseas laws;
- improve cyber security; and/or
- assist us to decide what is needed in order to comply with such laws or improve cyber security;
We shall not be responsible to you (or anyone else) if we use or provide information about you for the purposes outlined above.
In order to use the Website, your browser must be configured to accept cookies. You can usually configure your browser to warn you before accepting cookies if you wish.
Your user details and password are stored in a secure database with your password being hashed before being stored. Whenever your user details or password are transmitted between the server and your browser, the details are transmitted over Secure Sockets Layer (SSL).
Logging of Information
In addition to the details you provide, the server (including those of our web host specified below) will record the specific transactions you perform when visiting the Website. This information will only be used for statistical purposes.
Web server logs are also kept for the purposes of generating site usage statistics and performing security auditing. The logs record information every time you request a page from the server. This information will not be used to identify you except in the event of irregularities in your use of the site. The information logged includes:
- The time of each page request
- The pages you requested
- What web browser you are using
- Your client IP address
- What site you came to the Website from.
The web host for the Website (excluding online purchasing) is Umbrellar. You may contact us at the email address specified below (under “Access to and Correction of Personal Information”) for further details of the web host.
Access to and Correction of Personal Information
You can view and update the personal information you have provided at any time by contacting us at: email@example.com
User submitted content
All user submitted content to the Website and the comments or opinions expressed therein are those of their respective contributors and do not necessarily represent the views of airshare, its owners, management, or employees. We are not responsible and expressly disclaim all liability for the content of any contribution submitted by users of the Website. Without limiting the foregoing, we will not be held liable for user submitted content that may infringe a third party’s copyright, trademark, or other intellectual property right.
The nature of some user submitted content may be offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled. You agree that you are fully responsible for any content that you submit to the Website. Without limiting the foregoing, we reserve the right, but are not obligated, to monitor all submissions and exercise editorial control over all such submissions, including without limitation the right to edit, not publish, take down or remove any content. We are not responsible or liable for any failure to monitor, review, edit and/or delete any content submitted to the Website in any way.
All user submitted content is deemed to be provided on a non-confidential basis. If you post content on the Website, you understand and agree that we may publish your post in its entirety, as an edited version, or not at all, in our sole discretion. We may remove, alter, or otherwise edit content that we deem inappropriate for any reason, in our sole discretion.
If you would like to make a complaint or have any questions about any user submitted content then please contact us at: firstname.lastname@example.org
Rules of conduct
You must abide by the following rules of conduct at all times while using the Website. We may impose limits or restrict your access to part or all of the Website or remove any user submitted or other content from the Website in each case without notice or penalty, in our sole discretion and for any reason, including without limitation if we believe you are in breach of these terms or any applicable law.
Content submitted by you must not contain content that is unlawful, libelous, defamatory, sexually explicit, obscene, abusive, in breach of any third party’s privacy rights, and/or contains personal information of third parties such as telephone numbers, street addresses, or email addresses.
Vulgar language and inappropriate material is prohibited. Abbreviations, self-censoring, and attempts to circumvent any censoring features of the Website (if any) violate these rules of conduct.
The material you post must be original material in which you own the copyright and/or that you have the legal right or license to reproduce, adapt, display, and/or distribute the material to others. Do not post photos, video, software, comments, or other content that is in breach of intellectual property rights of others (including, without limitation, copyright, trade secrets, and trademarks rights) or in breach of any laws or regulations.
You must not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification.
You must treat other users of the Website as you would expect them to treat you. Do not post topics or opinions that are designed to provoke a negative response from one or more specific users (i.e. “trolling”).
Do not engage in disruptive activity including without limitation persistent off-topic content or comments, or statements designed to incite other users to violate this Policy or these rules of conduct.
Do not post any instructions, software, or other materials that would harm other users’ computers or allow other users to harm third parties, including without limitation by uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.
If your user submitted content includes a link to an outside web site, you must ensure that the content of the link and outside web site is appropriate for other users of the Website. This rule applies to mentioning or referencing a web site, even if the mention is not hyperlinked from your post.
Other than making submissions to the directory, you may not submit content to the Website for any commercial purpose.
When you subscribe to MarketPlace on the Website, the following additional terms and conditions apply:
1. The subscription fee payable by you for listing your business on MarketPlace is an annual fee and will be confirmed to you when you subscribe (subscription fee). The subscription fee is in New Zealand dollars and excludes GST.
2.The subscription fee entitles you to 12 months subscription for MarketPlace from the date of your payment of the subscription fee, meaning your listing will be displayed on MarketPlace for 12 months from payment of that fee (subscription period).
3.Your subscription to MarketPlace will expire at the end of your subscription period and your listing will be automatically removed from MarketPlace. Therefore, if you wish to maintain your listing on MarketPlace, it is your responsibility to ensure you renew your subscription.
4.We can change the subscription fee at any time and will give 30 days’ notice before we do that. Where you have already paid the subscription fee, any change will become effective if you renew your subscription at the commencement of the next subscription period.
6.You may only post listings for businesses that provide UAV related products or services.
7.Our provision of MarketPlace for your use, will not be deemed an “Airways service” for the purposes of the Standard Terms.
8.You may remove your listing from MarketPlace at any time. In such a case, we will not refund the subscription fee and should you subsequently wish to re-list your business with MarketPlace, a new subscription fee will be payable.
9.We may stop or hold your subscription to MarketPlace with immediate effect and without liability for any reason including where you breach these terms and conditions. Unless we have stopped your subscription because you have breached these terms and conditions, we may at our discretion provide you with a pro-rata refund of any subscription fee paid in advance.
10.You may upgrade your subscription at any time from a “Standard” subscription to a “Premium” subscription. Upgrading from a “Standard” subscription to a “Premium” subscription will extend your subscription for a full subscription period (12 months) from the date of your payment of the new subscription fee. The new subscription fee payable will be for a “Premium” subscription but you will be credited for the remaining period of your “Standard” subscription. Credits will be calculated and credited on a calendar month basis.
11.You may add additional categories to your subscription at any time. Additional categories will apply to your subscription from the date of your payment of the additional fee for those categories until the expiry of your then current subscription period. Fees for additional categories will be calculated on a pro-rata basis according to the number of months remaining on your subscription.
You indemnify and hold us (including our subsidiary companies, officers, employees and agents) harmless and keep us indemnified, from and against all loss, liability, actions, proceedings, costs, expenses (including legal fees), claims and damages incurred or suffered by us arising from your access to and/or use of the Website and/or the Services, and/or breach of these terms and conditions.
The information contained on the Website is provided for information purposes only and is not to be relied on as a substitute for a comprehensive knowledge of the relevant laws (including all rules, regulations and by-laws (including the Civil Aviation Rules)) that apply to the operation of an unmanned aerial vehicle, an unmanned aerial system, a drone or a remotely piloted aircraft system (together UAV).
It is your responsibility as a UAV operator to read, understand and operate any UAVs in accordance with all such laws (including the Civil Aviation Rules).
The information on the Website is made available to you in good faith and on an “as is” basis and, to the maximum extent permitted by law, without warranties of any kind, whether express or implied.
We will not accept responsibility for any corruption or changes to data that may occur in the Internet.
The Website contains statements, advertisements of products and services, and other material of persons other than us. Unless otherwise stated, we do not recommend or endorse any such statements, advertisements or other material and are not responsible for the contents of them. We do not accept any liability for direct or indirect loss or damage of any kind arising from the use or reliance upon any such statements, advertisements and/or material. Reliance upon such statements, advertisements and/or material is at your risk.
Advertisers on or other contributors to the Website will at all times remain solely responsible for the content (including hyperlinks) they have posted on the Website, including any representation they make and/or compliance with all legal requirements.
We have not verified the accuracy of material from other websites or sites linked to the Website. We do not endorse the content of any sites linked to the Website and are not responsible for the contents of any such site. We do not accept any liability for direct or indirect loss or damage of any kind arising from the use of material on sites linked to the Website.
Any content published on the Website is published at our absolute discretion. We reserve the right to refuse to publish any content or to remove any content from the Website at any time including where we consider it to comprise improper, illegal, offensive or objectionable material.
The availability of the Website and the Service depends on the availability of the Internet. The Website and Services are provided on an “as available” basis and we do not warrant that the Website or the Services (or your use of them) will be error free or uninterrupted. The Website may be withdrawn at times for maintenance. Although we will do our best to ensure the Website is available for you, from time to time unexpected issues occur.
You acknowledge that the provision of a Service may be dependent upon information you provide to us. We do not assume any responsibility for the quality and/or accuracy of any information you provide to us. Accordingly, you shall ensure that all information you provide to us is true and correct at all times and we disclaim all liability in relation to such information howsoever arising.
We (and our licensors) shall have no liability for loss, damage or delay (including, but not limited to, direct, indirect, consequential, financial or economic loss, and claims for indemnity or contribution) suffered or incurred by you, whether such liability arises in contract or in tort or in any way howsoever, in respect of or arising out of or in any way connected with the use or reliance upon the information on the Website, including the operations of any UAV by a UAV operator, or with the provision of our Services contemplated by these terms and conditions.
We (and our licensors) own all proprietary and intellectual property rights in the Website and the software and other materials associated with the Website and the Services. You must not copy, reproduce, modify, adapt, distort or vary the Website by any means or in any form without our prior written consent. For clarity, nothing in this paragraph affects the intellectual property rights of those third parties which post statements, advertisements and other materials on the Website in any statements, advertisements and materials they post on the Website.
No failure, delay or indulgence by us in exercising any of our powers or rights under these terms and conditions will operate as a waiver of such powers or rights.
We will have no liability to you for any act, omission or failure associated with the Website and/or Services arising from any cause beyond our reasonable control.
These terms and conditions supersede all prior agreements, arrangements, representations and undertakings between you and us and constitute the entire agreement between you and us in relation to the subject matter of these terms and conditions.
These terms and conditions are governed by the laws of New Zealand. You and we both submit to the non-exclusive jurisdiction of the courts of New Zealand.
Recommended browsers and devices
To fully utilise the website’s functionality we recommend:
- Internet Explorer version 10+, Mozilla Firefox (current release), Google Chrome (current release)
- Cookies enabled
- Client e-mail software configured for mailto: links
- Apple iPhone 3GS & up
- Apple iPad 2 & up
- Android Nexus 5 & 7
Note: We only perform testing on recent versions of Internet Explorer, Firefox and the current Safari (iPad & iPhone) and Chrome (Nexus 5 & 7) platforms.
The dynamic map application has been tested on a range of devices and browsers including:
- Internet Explorer (version 9,10,11), Mozilla Firefox (latest version), Google Chrome (latest version)
- Android 4.0.4
- iOS 5, 6, 7
Note: iOS 7.0.x versions may have reliability issues and 7.0.4 is known to crash the browser.