Terms & Conditions

Introduction

This agreement applies as between you, the User of this Website and Oceania Aviation Ltd t/a www.oceania-aviation.com, the owner(s) of this Website. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately. This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Oceania Aviation's use of cookies in accordance with the terms of our Privacy Policy.

Definitions & Interpretation

In this Agreement the following terms shall have the following meanings: "Content" - means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website. "Oceania Aviation" - means Oceania Aviation Ltd registered in New Zealand under company number 541316. "User/Users" - means any third party that accesses the Website and is not employed by Oceania Aviation and acting in the course of their employment. "Website" - means the website that you are currently using (www.oceania-aviation.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

Intellectual Property

All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Oceania Aviation or licensed to Oceania Aviation, advertisers, associated companies or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable intellectual property and other relevant laws Internationally.

License To Use Website

Unless otherwise stated, Oceania Aviation and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not: • republish material from this website (including republication on another website); • sell, rent or sub-license material from the website; • show any material from the website in public; • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; • edit or otherwise modify any material on the website; or • redistribute material from this website except when approval is gained through the correct channels.

Acceptable Use

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Oceania Aviation's express written consent. You must not use this website to transmit or send unsolicited commercial communications. A breach of these provisions constitutes a criminal offence under the Computer Misuse Act 1990. All breaches will be reported to the authorities concerned with full disclosure of all aspects relevant to the breach including but not limited to your identity. In the event of such a breach, your right to use our Website will cease immediately. Oceania Aviation accepts no liability for any loss or damage caused by a distributed denial of-service attack, viruses or other technologically harmful material that may infect your computer, computer programs, data or other proprietary material due to your use of this Website, or as a result of downloading any material posted on it, or on any website linked to it.

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Oceania Aviation or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Links to this Website

All links to this website require the express permission of Oceania Aviation. Our Website must not be framed on any other website. We reserve the right to withdraw permission to link to our website without notice. To find out more please contact us by email on info@oal.nz.

User Content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Oceania Aviation a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Oceania Aviations the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Oceania Aviation or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Oceania Aviation reserves the right to edit or remove any material submitted to this website, or stored on Oceania Aviation servers, or hosted or published upon this website. Notwithstanding Oceania Aviation's rights under these terms and conditions in relation to user content, Oceania Aviation does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

Disclaimers

Oceania Aviation makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Website. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind. Whilst Oceania Aviation uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

Privacy

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. By using this website you consent to processing of your information and warrant that the information provided is accurate and truthful. To view the Privacy Policy, please click on the link here.

Access, Availability of the Website and Modifications

The Website is provided "as is" and on an "as available" basis. We give no warranty that the Website will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Oceania Aviation accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship. Oceania Aviation reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise. If you are provided with, or a given the option to select your own unique user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.

Limitation of Liability

To the maximum extent permitted by law, Oceania Aviation, associated companies and connected third parties accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk. For avoidance of doubt Oceania Aviation shall not be liable, whether in tort (including negligence or breach of statutory duty) or misrepresentation or otherwise for (including but not limited to); Loss of profits Loss of business Loss or depletion of goodwill Loss of goods Loss of contract Loss of use Loss of or corruption of data or information Any special, indirect, consequential or economic loss, costs, damages, charges or expenses. Nothing in these terms and conditions excludes or restricts Oceania Aviation’s liability for death or personal injury resulting from any negligence or fraud on the part of Oceania Aviation. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Oceania Aviation.

Communications

All notices / communications shall be sent to us either by post to our Premises or by email to info@oal.nz. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday. Oceania Aviation may from time to time send you information about our products and/or services. If you do not wish to receive such information, please check the required box on the form provided.

Law and Jurisdiction

These terms and conditions and the relationship between you and Oceania Aviation shall be governed by and construed in accordance with the Law of New Zealand and Oceania Aviation and you agree to submit to the exclusive jurisdiction of the Courts of New Zealand.