Terms & Conditions of Use
1. About the Website
1.1. Welcome to www.weflykites.co (the 'Website'). The Website allows you to access
and use the We Fly Kites (the 'Services').
1. 2. The Website is operated by We Fly Kites Pty Ltd, ABN 74 646 626 360. Access to and
use of the Website, or any of its associated Products or Services, is provided by We Fly
Kites Pty Ltd. Please read these terms and conditions (the 'Terms') carefully. By using,
browsing and/or reading the Website, this signifies that you have read, understood and
agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage
of the Website, or any of Services, immediately.
1. 3. We Fly Kites Pty Ltd reserves the right to review and change any of the Terms by
updating this page at its sole discretion. When We Fly Kites Pty Ltd updates the Terms, it
will use reasonable endeavours to provide you with notice of updates to the Terms. Any
changes to the Terms take immediate effect from the date of their publication. Before you
continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by
clicking to accept or agree to the Terms where this option is made available to you in the
user interface.
3. About the Service
3. 1. We Fly Kites operate software products for the event industry.
3. 2. Free and paid accounts are currently offered. You acknowledge and agree that the
accounts offered, as well as the account features may change from time to time, and may
be governed by separate terms which apply specific to the account. Where special
account-specific terms apply, you will be informed, and must accept those terms before
you are given such an account. For the avoidance of doubt these Terms apply unless
otherwise agreed or amended by account-specific terms.
3.3. Some accounts may be governed by a separate Software Licensing Agreement with
We Fly Kites Pty Ltd, which may amend the terms of use. For the avoidance of doubt
these Terms apply unless otherwise agreed or amended by the terms of an applicable
Software Licensing Agreement.
4. Acceptable use of the Service
4. 1. We Fly Kites, its related features, and website must only be used lawfully. We Fly
Kites Pty Ltd reserves the right to suspend, cancel, or otherwise deny access to users
and accounts who use the service:
(a) To engage in any act that would disrupt the access, availability, and security of We Fly
Kites and other We Fly Kites Pty Ltd services, including but not limited to:
(i) Tampering with, reverse-engineering, or hacking our servers
(ii) Modifying, disabling, or compromising the performance We Fly Kites or other
We Fly Kites Pty Ltd services.
(iii) Overwhelming, or attempting to overwhelm our infrastructure by imposing an
unreasonably large load on our systems that consume extraordinary resources
(iv) Compromising the integrity of our system, including probing, scanning and
testing the vulnerability of our system unless expressly permitted by We Fly
Kites Pty Ltd
(b) For any illegal purpose, or to violate any laws, including and without limitation to
data, privacy, and export control laws.
(c) To stalk, harass or threaten users and any member of the public.
(d) To misrepresent or defraud any user or member of the public through phishing,
spoofing, manipulating headers or other identifiers, impersonating anyone else, or
falsely implying any sponsorship or association with We Fly Kites Pty Ltd or any third
party
(e) To access or search any part of the Service, or any other Service owned by We Fly
Kites Pty Ltd other than our publicly supported interface, or otherwise allowed for in an
applicable Software Licensing Agreement.
(f) To post, upload, share, or otherwise circulate content in violation of We Fly Kites’s
content policy
5. Security and Data Privacy
We Fly Kites Pty Ltd takes your privacy seriously and information provided through your use
of the Website and/or Services are subject to We Fly Kites Pty Ltd’s Privacy Policy, which is
available on the Website. The Privacy Policy also addresses We Fly Kites Pty Ltd’s
processes, policies, and obligations in respect of We Fly Kites security breaches.
6. Data Use
We Fly Kites Pty Ltd collects, stores, and processes your data on We Fly Kites. The data is
used to provide Services to you, as well as to facilitate We Fly Kites Pty Ltd’s business
operations. The Privacy Policy outlined how your data is collected, stored, and processed by
We Fly Kites Pty Ltd. The Privacy Policy also addresses We Fly Kites Pty Ltd's processes,
policies, and obligations in respect of data encryption and removal requests.
7. Subscription to use the Service
7. 1. In order to access the Services, you must first purchase a subscription through the
Website (the 'Subscription') and pay the applicable fee for the selected Subscription (the
'Subscription Fee'). After purchasing a Subscription, you will be considered a member
(‘Member’).
7. 2. In purchasing the Subscription, you acknowledge and agree that it is your
responsibility to ensure that the Subscription you elect to purchase is suitable for your
use.
7. 3. Before, during or after you have purchased the Subscription, you will then be
required to register for an account through the Website before you can access the
Services (the ' Account').
7. 4. As part of the registration process, or as part of your continued use of the Services, you
may be required to provide personal information about yourself (such as identification or
contact details), including but not limited to name, email, age, weight, fitness goals, meal
preferences, payment authorisation.
7. 5. You warrant that any information you give to We Fly Kites Pty Ltd in the course of
completing the registration process will always be accurate, correct and up to date.
7. 6. Once you have completed the registration process, you will be a registered user of the
Website and agree to be bound by the Terms ("User"). As a Member you will be granted
immediate access to the Services from the time you have completed the registration
process until the subscription period expires (the 'Subscription Period').
7. 7. You may not use the Services and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with We Fly Kites Pty Ltd; or
(b) you are a person barred from receiving the Services under the laws of Australia or
other countries including the country in which you are resident or from which you use
the Services
8. Payments
8. 1. Subject to the terms of any applicable Software License Agreement, the
Subscription Fee may be paid by all payment methods available on the Website, and
may change from time to time.
8. 2. Payments made in the course of your use of We Fly Kites may be made using thirdparty applications and services not owned, operated, or otherwise controlled by We Fly
Kites Pty Ltd. You acknowledge and agree that We Fly Kites Pty Ltd will not be liable for
any losses or damage arising from the operations of third-party payment applications and
services. You further acknowledge and warrant that you have read, understood and agree
to be bound by the terms and conditions of the applicable third-party payment applications
and services you choose to use as a payment method for We Fly Kites services.
8. 3. You acknowledge and agree that where a request for the payment of the Subscription
Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by
you for any other reason, then you are liable for any costs, including banking fees and
charges, associated with the Subscription Fee.
8. 4. You agree and acknowledge that We Fly Kites Pty Ltd can vary the Subscription Fee
at any time and that the varied Subscription Fee will come into effect following the
conclusion of the existing Subscription.
9. Refund Policy
We Fly Kites Pty Ltd will only provide you with a refund of the Subscription Fee in the event
they are unable to continue to provide the Services or if the manager of We Fly Kites Pty Ltd
makes a decision, at its absolute discretion, that it is reasonable to do so under the
circumstances. Where this occurs, the refund will be in the proportional amount of the
Subscription Fee that remains unused by the Member (the 'Refund').
10. Copyright and Intellectual Property
10. 1. The Website, the Services and all of the related products of We Fly Kites Pty Ltd are
subject to copyright. The material on the Website is protected by copyright under the laws
of Australia and through international treaties. Unless otherwise indicated, all rights
(including copyright) in the Services and compilation of the Website (including but not
limited to text, graphics, logos, button icons, video images, audio clips, Website, code,
scripts, design elements and interactive features) or the Services are owned or controlled
for these purposes, and are reserved by We Fly Kites Pty Ltd or its contributors.
10. 2. All trademarks, service marks and trade names are owned, registered and/or
licensed by We Fly Kites Pty Ltd, who grants to you a worldwide, non-exclusive, royaltyfree, revocable license whilst you are a User to:
(a) use the Website pursuant to the Terms;
(b) copy and store the Website and the material contained in the Website in your
device's cache memory; and
(c) print pages from the Website for your own personal and non-commercial use.
10. 3. We Fly Kites Pty Ltd does not grant you any other rights whatsoever in relation to the
Website or the Services. All other rights are expressly reserved by We Fly Kites Pty Ltd.
10. 4. We Fly Kites Pty Ltd retains all rights, title and interest in and to the Website and all
related Services. Nothing you do on or in relation to the Website will transfer any:
(a) business name, trading name, domain name, trade mark, industrial design, patent,
registered design or copyright, or
(b) a right to use or exploit a business name, trading name, domain name, trade mark or
industrial design, or
(c) a thing, system or process that is the subject of a patent, registered design or
copyright (or an adaptation or modification of such a thing, system or process), to
you.
10. 5. You may not, without the prior written permission of We Fly Kites Pty Ltd and the
permission of any other relevant rights owners: broadcast, republish, up-load to a third
party, transmit, post, distribute, show or play in public, adapt or change in any way the
Services or third party Services for any purpose, unless otherwise provided by these
Terms. This prohibition does not extend to materials on the Website, which are freely
available for re-use or are in the public domain.
11. General Disclaimer
11. 1. Nothing in the Terms limits or excludes any guarantees, warranties, representations
or conditions implied or imposed by law, including the Australian Consumer Law (or any
liability under them) which by law may not be limited or excluded.
11. 2. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not
expressly stated in the Terms are excluded; and
(b) We Fly Kites Pty Ltd will not be liable for any special, indirect or consequential loss or
damage (unless such loss or damage is reasonably foreseeable resulting from our
failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or
damage to goodwill arising out of or in connection with the Services or these Terms
(including as a result of not being able to use the Services or the late supply of the
Services), whether at common law, under contract, tort (including negligence), in
equity, pursuant to statute or otherwise.
11. 3. Use of the Website and the Services is at your own risk. Everything on the Website
and the Services is provided to you "as is" and "as available" without warranty or condition
of any kind. None of the affiliates, directors, officers, employees, agents, contributors and
licensors of We Fly Kites Pty Ltd make any express or implied representation or warranty
about the Services or any products or Services (including the products or Services of We Fly
Kites Pty Ltd) referred to on the Website, includes (but is not restricted to) loss or damage
you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct
defects, delay in operation or transmission, computer virus or other harmful
component, loss of data, communication line failure, unlawful third party conduct, or
theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Services, or
any of its Services related products (including third party material and advertisements
on the Website);
(c) costs incurred as a result of you using the Website, the Services or any of the
products of We Fly Kites Pty Ltd; and
(d) the Services or operation in respect to links which are provided for your
convenience.
12. Limitation of Liability
12. 1. We Fly Kites Pty Ltd's total liability arising out of or in connection with the Services
or these Terms, however arising, including under contract, tort (including negligence), in
equity, under statute or otherwise, will not exceed the resupply of the Services to you.
12. 2. You expressly understand and agree that We Fly Kites Pty Ltd, its affiliates,
employees, agents, contributors and licensors shall not be liable to you for any direct,
indirect, incidental, special consequential or exemplary damages which may be incurred by
you, however caused and under any theory of liability. This shall include, but is not limited
to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business
reputation and any other intangible loss.
13. Termination of Contract
13. 1. The Terms will continue to apply until terminated by either you or by We Fly
Kites Pty Ltd as set out below.
13. 2. If you want to terminate the Terms, you may do so by:
(a) not renewing the Subscription prior to the end of the Subscription Period;
(b) providing We Fly Kites Pty Ltd with 7 days days’ notice of your intention to
terminate; and
(c) closing your accounts for all of the services which you use, where We Fly
Kites Pty Ltd has made this option available to you.
13. 3. Any notices pursuant to Clause 13.2 above should be sent, in writing, to We Fly
Kites Pty Ltd via the 'Contact Us' link on our homepage.
13. 4. We Fly Kites Pty Ltd may at any time, terminate the Terms with you if:
(a) you do not renew the Subscription at the end of the Subscription Period;
(b) you have breached any provision of the Terms or intend to breach any provision;
(c) We Fly Kites Pty Ltd is required to do so by law;
(d) the provision of the Services to you by We Fly Kites Pty Ltd is, in the opinion of We
Fly Kites Pty Ltd, no longer commercially viable.
13. 5. Subject to local applicable laws, We Fly Kites Pty Ltd reserves the right to discontinue
or cancel your Subscription or Account at any time and may suspend or deny, in its sole
discretion, your access to all or any portion of the Website or the Services without notice if
you breach any provision of the Terms or any applicable law or if your conduct impacts We
Fly Kites Pty Ltd's name or reputation or violates the
rights of those of another party.
14. Indemnity
You agree to indemnify We Fly Kites Pty Ltd, its affiliates, employees, agents,
contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage
(including legal fees on a full indemnity basis) incurred, suffered or arising out of or in
connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting on the
Website or attempts to do so; and/or
(c) any breach of the Terms.
15. Dispute Resolution
15.1. Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any
Tribunal or Court proceedings in relation to the dispute, unless the following clauses have
been complied with (except where urgent interlocutory relief is sought).
15.2. Notice:
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must
give written notice to the other party detailing the nature of the dispute, the desired
outcome and the action required to settle the Dispute.
15.3. Resolution:
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties')
must:
(a) Within 14 days days of the Notice endeavour in good faith to resolve the Dispute
expeditiously by negotiation or such other means upon which they may mutually
agree;
(b) If for any reason whatsoever, 14 days days after the date of the Notice, the Dispute
has not been resolved, the Parties must either agree upon selection of a mediator or
request that an appropriate mediator be appointed by the President of the Australian
Disputes Centre or his or her nominee;
(c) The Parties are equally liable for the fees and reasonable expenses of a mediator and
the cost of the venue of the mediation and without limiting the foregoing undertake to
pay any amounts requested by the mediator as a pre-condition to the mediation
commencing. The Parties must each pay their own costs associated with the
mediation;
(d) The mediation will be held in Brisbane, Australia.
15. 4. Confidential:
All communications concerning negotiations made by the Parties arising out of and in
connection with this dispute resolution clause are confidential and to the extent possible,
must be treated as "without prejudice" negotiations for the purpose of applicable laws of
evidence.
15.5. Termination of Mediation:
If 5 days have elapsed after the start of a mediation of the Dispute and the Dispute has not
been resolved, either party may ask the mediator to terminate the mediation and the
mediator must do so.
16. Venue and Jurisdiction
The Services offered by We Fly Kites Pty Ltd is intended to be viewed by residents of
Australia. In the event of any dispute arising out of or in relation to the Website, you agree
that the exclusive venue for resolving any dispute shall be in the courts of Queensland.
17. Governing Law
The Terms are governed by the laws of Queensland. Any dispute, controversy, proceeding
or claim of whatever nature arising out of or in any way relating to the Terms and the rights
created hereby shall be governed, interpreted and construed by, under and pursuant to the
laws of Queensland, Australia without reference to conflict of law principles, notwithstanding
mandatory rules. The validity of this governing law clause is not contested. The Terms shall
be binding to the benefit of the parties hereto and their successors and assigns.
18. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable
and both parties having taken the opportunity to obtain independent legal advice and
declare the Terms are not against public policy on the grounds of inequality or bargaining
power or general grounds of restraint of trade.
19. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent
jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.