Terms of service

Terms of Service

Overview

Welcome to the Recreational Aviation Australia online store.

The terms “we”, “us” and “our” refer to Recreational Aviation Australia. Recreational Aviation Australia operates this store and website, including all related information, content, features, tools, products and services, to provide you with access to merchandise and other products available through our online store.

Our store is powered by Shopify, which enables us to provide our online store and related services to you.

These Terms of Service, together with any policies referenced in them, set out your rights and responsibilities when you access or use our website, online store, products or services.

Please read these Terms carefully. By visiting, browsing, purchasing from or otherwise using our online store, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use our website or online store.

Nothing in these Terms excludes, restricts or modifies any rights you may have under the Australian Consumer Law or any other applicable law.

Section 1 — Access and account

By using our online store, you confirm that you are at least the age of majority in your state or territory of residence, or that you have given consent for any minor dependants to use the online store on devices you own, purchase or manage.

To access certain features or purchase products, you may be asked to provide information such as your name, email address, billing details, payment information and shipping information.

You agree that all information you provide is accurate, current and complete, and that you have the right to provide that information.

You are responsible for maintaining the security of your account details and for any activity that occurs through your account. You must not transfer, sell, assign or licence your account to another person.

Section 2 — Products

We make reasonable efforts to display and describe our products accurately. However, colours, images and product appearance may vary depending on your device, screen settings and other factors.

Product descriptions, availability and pricing may change at any time without notice. We reserve the right to discontinue any product or limit quantities available for purchase at our discretion.

Any product images shown on our website are for illustrative purposes only. Minor differences in colour, packaging, sizing or appearance may occur.

Nothing in this section limits your rights under the Australian Consumer Law, including your rights where a product is faulty, unsafe, not as described, or does not meet the consumer guarantees.

Section 3 — Orders

When you place an order through our online store, you are making an offer to purchase the selected products.

An order is not accepted until we confirm acceptance of the order. We may accept, decline, cancel or make changes to an order where permitted by law, including where a product is unavailable, there has been an error in price or description, or we are unable to process payment.

Please review your order carefully before submitting it. Once an order has been accepted, we may not be able to accommodate cancellation or change requests.

If we do not accept your order, or if we cancel or change an order, we will attempt to notify you using the email address, billing address or phone number provided at the time of purchase.

Your purchases are subject to our Refunds, Returns and Exchanges Policy, in addition to any rights you may have under the Australian Consumer Law.

Products sold through our online store are intended for personal, domestic or household use unless otherwise agreed in writing.

Section 4 — Prices and billing

All prices are listed in Australian dollars unless otherwise stated.

Prices, discounts and promotions may change without notice. The price charged for a product will be the price displayed at the time you place your order, as confirmed in your order confirmation email.

Unless otherwise stated, prices may not include shipping, handling or other applicable charges. Any additional charges will be shown during checkout where applicable.

You agree to provide current, complete and accurate purchase, billing, payment and account information for all purchases made through our online store.

You represent that you are authorised to use the payment method provided and that any payment information you provide is accurate and complete.

Section 5 — Shipping and delivery

Delivery times provided are estimates only and may vary depending on your location, the shipping provider and circumstances outside our control.

We are not responsible for delays caused by shipping carriers, incorrect delivery information provided by you, customs processing, weather events, industrial action or other events outside our reasonable control.

Risk in the products passes to you when the products are delivered to the delivery address you provided, unless otherwise required by law.

Please ensure your delivery details are correct before placing your order. If an order is returned to us due to an incorrect or incomplete address, additional postage charges may apply to resend the order.

Section 6 — Intellectual property

All content on our website and online store, including text, images, graphics, logos, designs, product names, video, audio, layout and other material, is owned by or licensed to Recreational Aviation Australia, its affiliates or licensors.

You may access and use our online store for personal, non-commercial purposes only.

You must not copy, reproduce, distribute, modify, publish, display, transmit, store, sell or exploit any part of our website, online store or content without our prior written consent, except as permitted by law.

The names, logos, product names, service names, designs and slogans of Recreational Aviation Australia are trademarks or branding owned by or licensed to Recreational Aviation Australia. You must not use them without prior written permission.

Shopify’s name, logo, product names and service names are trademarks of Shopify. Other names, logos and marks appearing on our online store are the property of their respective owners.

Section 7 — Optional tools

We may provide access to third-party tools, apps or features as part of our online store. These tools may be provided by third parties and may be subject to separate terms and policies.

We do not control all third-party tools and do not guarantee their availability, accuracy, reliability or suitability.

Your use of optional third-party tools is at your own risk. You should review the relevant third-party terms and policies before using those tools.

We may also introduce new features, tools or resources in the future. These will be considered part of our online store and will be subject to these Terms unless otherwise stated.

Section 8 — Third-party links

Our website or online store may contain links to third-party websites, services or content.

We are not responsible for examining or evaluating the content, accuracy, policies or practices of any third-party websites or services. If you access third-party websites or services, you do so at your own risk.

Any complaints, claims, concerns or questions about third-party products, services or content should be directed to the relevant third party.

Section 9 — Relationship with Shopify

Our online store is powered by Shopify, which enables us to provide our online store and related services.

Any purchases you make through our online store are made directly with Recreational Aviation Australia, not Shopify.

By using our online store, you acknowledge that Shopify is not responsible for any aspect of the sale between you and Recreational Aviation Australia, including any injury, damage or loss resulting from products or services purchased from us, except to the extent required by law.

Section 10 — Privacy

Your privacy is important to us.

Personal information collected through our online store is handled in accordance with our Privacy Policy, which can be viewed here:

[INSERT PRIVACY POLICY LINK]

Because our online store is powered by Shopify, Shopify may also collect and process personal information to provide and improve the store services. Shopify’s handling of personal information may be subject to Shopify’s own privacy policy.

By using our online store, you acknowledge that you have read our Privacy Policy.

Section 11 — Feedback and reviews

If you submit, upload, email, post or otherwise provide feedback, reviews, suggestions, ideas, proposals or other content to us, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, publish, distribute and display that content for purposes connected with operating, improving and promoting our products, services and online store.

You confirm that you own or have the necessary rights to provide any feedback or content you submit, and that your content does not infringe the rights of any third party.

You must not submit content that is unlawful, misleading, defamatory, abusive, obscene, offensive, discriminatory, threatening, spam, or that contains viruses, malware or harmful code.

We may monitor, edit or remove feedback, reviews or content at our discretion, but we are not obliged to do so.

Section 12 — Errors, inaccuracies and omissions

Occasionally, information on our website or online store may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel orders where permitted by law.

If an error affects an order you have placed, we will contact you where appropriate.

Section 13 — Prohibited uses

You may only use our website and online store for lawful purposes.

You must not use our website or online store:

  • for any unlawful, fraudulent or malicious purpose;

  • to violate any applicable law, regulation or rule;

  • to infringe our intellectual property rights or the rights of others;

  • to harass, abuse, insult, harm, defame, intimidate or discriminate against another person;

  • to submit false, misleading or deceptive information;

  • to upload or transmit viruses, malware or harmful code;

  • to send spam, phishing, unsolicited advertising or similar communications;

  • to impersonate another person or organisation;

  • to interfere with the security or operation of our website or online store;

  • to scrape, copy, extract, reproduce, sell or exploit any part of our online store without permission;

  • to collect or track personal information of others without lawful authority; or

  • to use automated tools, bots, agents or scraping systems in a way that interferes with or places unreasonable load on our systems.

We reserve the right to suspend, restrict or terminate your access to our website, online store or account if we believe you have breached these Terms.

Section 14 — Automated agents and bots

This section applies if you use, allow or enable any automated or semi-automated software, bot, crawler, scraper, AI agent or similar system to access or interact with our website or online store.

Automated agents must not access or interact with our website or online store in a way that:

  • conceals or misrepresents that the interaction is automated;

  • circumvents security, access restrictions, rate limits, CAPTCHAs or other protective measures;

  • places unreasonable load on our systems;

  • extracts, copies or reuses content without permission; or

  • breaches these Terms or any applicable law.

We may block, limit or restrict automated access at any time.

Section 15 — Termination

We may suspend or terminate your access to our website, online store or account if you breach these Terms or if we are required or permitted to do so by law.

You remain responsible for any amounts owing up to the date of termination.

Sections relating to intellectual property, feedback, privacy, limitation of liability, indemnity, governing law and any other provisions intended to survive termination will continue to apply after termination.

Section 16 — Disclaimer

Information on our website and online store is provided for general information purposes only. While we make reasonable efforts to keep information accurate and up to date, we do not guarantee that all information will be complete, current or error-free.

To the maximum extent permitted by law, our website, online store and related services are provided on an “as is” and “as available” basis.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, warranty, right or remedy that cannot be excluded under the Australian Consumer Law or any other applicable law.

Section 17 — Limitation of liability

To the maximum extent permitted by law, Recreational Aviation Australia, its officers, employees, contractors, affiliates, service providers and licensors will not be liable for any indirect, incidental, special or consequential loss or damage arising from your use of our website, online store or products.

Where liability cannot be excluded under the Australian Consumer Law or another applicable law, our liability is limited to the extent permitted by law.

Nothing in these Terms limits your rights where products or services fail to meet the consumer guarantees under the Australian Consumer Law.

Section 18 — Indemnity

You agree to indemnify Recreational Aviation Australia and its officers, employees, contractors, affiliates, service providers and licensors against any loss, damage, liability, claim or expense arising from:

  • your breach of these Terms;

  • your misuse of our website or online store;

  • your violation of any law; or

  • your infringement of the rights of a third party.

This indemnity does not apply to the extent that the loss, damage, liability, claim or expense was caused by our negligence, breach of law or wrongful act.

Section 19 — Severability

If any part of these Terms is found to be unlawful, void or unenforceable, that part will be severed to the extent necessary, and the remaining provisions will continue to apply.

Section 20 — Waiver and entire agreement

If we do not exercise or enforce a right under these Terms, this does not mean we have waived that right.

These Terms, together with any policies referenced on our website or online store, form the agreement between you and us regarding your use of our online store.

Any ambiguity in these Terms will not be interpreted against either party solely because that party drafted the wording.

Section 21 — Assignment

You must not transfer, assign or delegate your rights or obligations under these Terms without our prior written consent.

We may transfer, assign or delegate our rights and obligations under these Terms where permitted by law.

Section 22 — Governing law

These Terms are governed by the laws of the Australian Capital Territory, Australia.

You and Recreational Aviation Australia submit to the non-exclusive jurisdiction of the courts of the Australian Capital Territory and the courts competent to hear appeals from those courts.

Section 23 — Headings

Headings are included for convenience only and do not affect the interpretation of these Terms.

Section 24 — Changes to these Terms

You can review the most current version of these Terms of Service on this page.

We may update, change or replace parts of these Terms from time to time by posting updates on our website.

Where required by law, we will notify you of material changes. Your continued use of our website or online store after changes are posted means you accept the updated Terms.

Section 25 — Contact information

Questions about these Terms of Service should be sent to us at:

Recreational Aviation Australia
3/1 Pirie St
Fyshwick ACT 2609
Australia

Email: media@raaus.com.au

Phone: (02) 6280 4700
ABN/ACN: 40 070 931 645