Terms & Conditions
Thank you for choosing Australian Droid and Robot.
Australian Droid and Robot sells ready to operate (RTO) platforms and components sourced from various other manufacturers.
Australian Droid and Robot requires the Purchaser to be familiar with the proper use of Remotely Piloted Aircraft Systems (RPAS) and ground vehicle technologies.
The provided safety and maintenance information provide the Purchaser with some information necessary to operate this technology.
For the safety of the operator, bystanders and the equipment, the Purchaser agrees to read and understand the safety and maintenance information and these Terms and Conditions prior to operation of the systems purchased from Australian Droid and Robot. The Purchaser also agrees to seek further information and assistance as needed prior to use.
The purchaser accepts that systems and components supplied by Australian Droid + Robot are not suited to Mission Critical applications where system or component failures could result in injury death or material loss.
It is the Purchaser’s responsibility to conduct the appropriate risk assessments for their planned activities. Australian Droid + Robot would highlight risks such as the use of LiPo and other energy intense batteries in bushfire prone areas and the precautions for transport of such batteries.
“Claim” includes all rights, all manner of actions, suits, proceedings, cross claims, counterclaims, demands or causes of action whether under statute or legislation of any type or at law or in equity, damages, claims for rectification, demands, entitlements, liabilities, rights to indemnity or contribution, compensation, costs and expenses, claims for interest, arbitration, orders, verdicts and judgments, or any other rights of every description whatsoever or howsoever arising, or would arise apart from these Terms and Conditions which relate to or arise directly or indirectly out of or in connection with the Product or operation of the Product.
“Intellectual Property Rights” means copyright, trademark, design and patents whether registered or not and including any rights to register such intellectual property.
“Operation Manual” means the instructions provided by Australian Droid and Robot with the Product that details how to control and operate the Product.
“Product” the item or items purchased from Australian Droid and Robot including the multirotor aircraft, drone, UAV or RPAS and its accessories, hardware, electronics and/or software.
“Purchaser” means any person who purchases, uses controls or operates a Product sold by Australian Droid and Robot.
“RPAS” means Remotely Piloted Aircraft Systems as defined by CASA Civil Aviation Safety Regulations Part 101.
“UAV” means Unmanned Aerial Vehicle.
This Agreement commences on the date the Purchaser purchases any Product from Australian Droid and Robot or its agents.
INDEMNITY AND LIMITATION OF LIABILITY
Operation of Product
The Purchaser acknowledges and warrants that it is the responsibility of the Purchaser to ensure that the Product is operated:
(a) in accordance with all international, state and federal laws and regulations in Australia and any other jurisdiction in which the Product is operated, including but not limited to the following legislation and any amendments thereof: Civil Aviation Act 1988, Civil Aviation Safety Regulations 1998, Airspace Act 2007 and Airspace Regulations 2007;
(b) to adhere to all Civil Aviation Safety Authority regulations, recommendations and guidelines;
(c) in a safe, prudent and responsible manner and in accordance with the Operation Manual; and
(d) to minimise any potential risk to persons, animals and property;
(e) with sufficient clearance of any potential hazards or obstacles;
(f) a reasonable distance not less than thirty (30) metres, excluding distance measured in height, from any people, animals or property that could foreseeably be harmed or damaged in the unlikely event of Product failure.
The Purchaser is prohibited from using the Product for the following purposes:
(a) to collect or track the personal information of others;
(b) for any obscene or immoral purpose;
(c) to violate the intellectual property rights of Australian Droid and Robot or others;
(d) to violate the privacy of others; or
(e) to circumvent security measures of any organisation or person.
Suitability for Purchaser’s Purpose
Australian Droid and Robot is not liable for advising suitability for Purchaser’s purpose for use of the Product. We advise Purchasers on the capabilities of the Product, and it is at the discretion of the Purchaser as to the suitability of such for their intended purpose or use. The Purchaser assumes liability for improper use of the Product.
Without any limitation to the above clause, Australian Droid and Robot does not recommend the use of quadcopter configurations where lifting high value sensors or payloads. Quadcopters, by the nature of their design, have zero motor or propeller failure redundancy. This means that if a motor or prop fails in flight, the craft will not be able to sustain flight and will fall to the ground. Should the Purchaser choose to operate a Product with a quadcopter configuration for this purpose, the Purchaser assumes liability for all Claims resulting from damage or loss, whether direct or indirect, in respect to the operation of the Product including, but not limited to, payload, sensor or accessory loss (including batteries).
Australian Droid and Robot is not liable for determining suitability of the Product for use in mines, shafts, excavation sites, industrial sites, caverns, caves or any other subterranean environments or confined spaces. Should the Purchaser choose to operate the Product in these locations, the Purchaser assumes liability for all Claims resulting from damage or loss, whether direct or indirect, in respect to the operation of the Product including, but not limited to, production losses and damage to structural integrity of mines, mineshafts or other surroundings.
It is recommended that the Purchaser does not operate the Product prior to purchasing liability insurance to assist in any costs in the event that persons or property are damaged as a result of your use of the Product.
Australian Droid and Robot does not guarantee error-free functioning of the Product. As with all electronic devices, the Product has the potential for malfunction, failure or error which the Purchaser must be aware of. If any product failure were to occur, the Purchaser still maintains all rights under manufacturer warranty and Australian consumer law.
Responsibilities of Purchaser
The Purchaser acknowledges that flying remote control products can crash and Australian Droid and Robot have no control over the conditions in which the Product is operated or your ability to operate the Product. This is the responsibility of the Purchaser.
It is the responsibility of the Purchaser to ensure the Product is in good condition prior to each operation of the Product and attend to servicing and repairs of the Product.
The Purchaser is responsible for any adjustments to the Product to suit personal preferences. Australian Droid and Robot does not recommend making any changes to the original configuration of the Product as supplied.
Should any changes be made, the Purchaser assumes all risk and liability for any Product failure as a result. Australian Droid and Robot accepts no liability, and will not compensate or repair where Purchasers have applied modifications to the Product. Where the change results in malfunction, or damage to the Product persons, animals or property, the Purchaser assumes all liability.
The Purchaser will be subject to a fee for reconfiguration of the drone or flight radio where changes have been made from the original configuration installed. Australian Droid and Robot is not liable for any errors in reconfiguration of drone or flight controller. This does not include the initial configuration of the drone.
In the event of malfunction of the Product due to the initial configuration, Data from the Flight Log must be made available to Australian Droid and Robot in order to effect any repairs or reconfiguration required pursuant to these Terms and Conditions or the Australian Consumer Law.
The Purchaser acknowledges and warrants that any and all Claims arising from operation in conflict with these Terms and Conditions will be the sole responsibility of the Purchaser. The Purchaser accepts liability for and assumes the risk of all costs, fees, losses, expenses and damages it may suffer or incur arising out of or in connection with its use of the Product.
Limitation of Liability
Australian Droid and Robot will not be liable for, and the Purchaser hereby agrees to indemnify and keep indemnified Australian Droid and Robot for, any direct or indirect, consequential, special or economic loss or damage, including loss of data, time, profits, revenue, contracts or goodwill, whether in contract, tort, statute or otherwise arising from use of the Product provided by Australian Droid and Robot under this Agreement or otherwise resulting from any act or omission of Australian Droid and Robot.
Australian Droid and Robot does not assume any warranty or liability, direct or indirect, for the accuracy of the Product or information pertaining to the Product.
Australian Droid and Robot will not be liable for any misrepresentation that may occur as a result of any editing or manipulation of images created by the Product in accordance with this agreement. Australian Droid and Robot’s liability to the Purchaser is limited to the sum paid for purchase of the Product.
To the fullest extent permitted by law, Australian Droid and Robot disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Australian Droid and Robot gives no warranty that the Product will be free of defects, or that any defects will be corrected.
Australian Droid and Robot does not warrant or make any representations regarding the use or the result of the use of any goods or information contained in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. Australian Droid and Robot makes every effort to ensure the accuracy of the information published on our website, however, the information and graphics published may contain technical inaccuracies or typographical errors. Australian Droid and Robot makes no representations about the suitability of the information and graphics presented on this site.
Model and property release forms
(a) Australian Droid and Robot will not provide model and or property release forms. It shall be the Purchaser’s responsibility as to the legal use of the video, photography or data obtained through Australian Droid and Robot’s products.
(b) It is solely the responsibility of the Purchaser to obtain such permissions and to make the legal and moral decision whether to publish photographs which contain images of individuals where model release forms have not been obtained.
(c) Australian Droid and Robot accepts no liability in circumstances where supplied images are used by the Purchaser without such a release and subsequent action is taken by individuals or companies against the Purchaser.
(d) In addition, Australian Droid and Robot accepts no responsibility where images of trademarks/company logos are used by the Purchaser to support other non-associated works.
PAYMENTS, BILLING, SHIPPING AND STOCK
Unless otherwise stated, orders must be paid in full before they are shipped or picked up from Australian Droid and Robot. For custom builds, a 60% deposit is required to be paid upfront, with the remaining balance being paid before shipment or pickup.
Where a customer has placed a deposit on a Product, the customer understands that this deposit is non-refundable for the following scenarios:
(a) Where a customer has a change of mind regarding system components, use or specifications;
(b) Where the customer cannot, or chooses not to proceed with an order;
(c) Where a customer seeks cancellation of the order due to delayed delivery on a Product, without providing 2 weeks’ notice to Australian Droid and Robot.
In the event of non-payment and the account being in default and being referred to an external party for collection the customer shall be liable for all resulting costs arising from the recovery, including commission which would be payable if the account is paid in full and legal costs including demand costs.
Where Australian Droid and Robot have special ordered in an item based on a paid order, or order with deposit received, then cancellation of the order is at the discretion of Australian Droid and Robot.
Accuracy of billing and account information
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Australian Droid and Robot is not responsible for estimated or guaranteed delivery dates calculated by AusPost and AusPost Express. Australian Droid and Robot does not refund shipping charges if a customer order was not delivered by the delivery date estimated by AusPost or AusPost Express.
Orders shipped outside of Australia may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Australian Droid and Robot has no control over these charges; these charges are the responsibility of the recipient. By accepting the terms and conditions the purchaser declares that it is legal to import the goods into the destination country.
Where a Product is ordered together with a protective case, we will pack and ship the multirotor/drone/UAV and accessories together inside the case, unless otherwise requested in writing before the order is posted.
Australian Droid and Robot will take all necessary care to ensure safe shipment of the article, but will not be held liable for:
(a) Items lost/stolen/damaged in transit
(b) Items refused customs entry for international shipments - it is the customer’s responsibility to check local laws and regulations pertaining to legality of systems, parts and components.
(c) Delays in dispatch, transit time, delivery issues, non-delivery of items, or other.
Australian Droid and Robot does not, under any circumstance, assume to enter into contracts with customers regarding delivery of drone systems within a specific time frame. Any urgent requests for delivery will be accommodated where possible, but Australian Droid and Robot will not be held liable for loss of income, favour or other, where drones systems, components, or accessories are not delivered to the Purchaser within the advised timeframe.
Australian Droid and Robot will not be held liable in any way where Purchasers are purchasing products with an urgent requirement; if the Purchaser chooses to proceed with a purchase it is wholly their liability to as to the assumption of risk for delivery.
Where Australian Droid and Robot advises timeframes for delivery, these are indicative timeframes only and can be affected by numerous factors. Australian Droid and Robot will not be held liable for loss of income, inability to work, favour or other related to late delivery of the Product.
We aim is to have the vast majority of our products in stock and available to ship immediately however, stock levels can sometimes vary. Should an ordered item be out of stock, we will try to contact you to offer an alternative or give an accurate delivery time for the original item.
EXCLUSION OF COMPETITORS:
If you are in the business of importing, selling or supplying RPAS products then you are a competitor of Australian Droid and Robot. Australian Droid and Robot expressly excludes and does not permit you to use or access its website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then Australian Droid and Robot will hold you fully responsible for any loss that it might sustain and further holds you accountable for all profits that you might make from such unpermitted and improper use. Australian Droid and Robot reserves the right to exclude and not permit any person from using its website or any of the documents and information contained on it.
AUSTRALIAN DROID AND ROBOT WEBSITE
Copyright and Restriction of Use
You are only permitted as a customer of Australian Droid and Robot to use the documents downloaded from its website for the purposes of personal usage and gaining general knowledge. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from its website. Australian Droid and Robot expressly reserves all copyright in its website and in all documents and information on its website.
Certain content, products and services available via our website may include materials from third-parties.
Third-party links on our website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, Claims, concerns, or questions regarding third-party products should be directed to the third-party.
Neither the Purchaser or Australian Droid and Robot will be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to force majeure. If a delay or failure is anticipated due to force majeure, the performance of a party’s obligations will be suspended.
Australian Droid and Robot owns the copyright and all other Intellectual Property Rights contained in the Product and in connection with the Product.
You are not permitted to use any trademarks, trade names, graphics or designs that are on Australian Droid and Robot’s website (unless express written permission has been obtained) and should you do so, Australian Droid and Robot reserve the right to take action against you.
These Terms and Conditions are governed by the laws of Queensland.
Headings are used for convenience only and are to be disregarded in the interpretation of these Terms and Conditions.
Should any provision of these Terms and Conditions be determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, and such determination shall not affect the validity and enforceability of the remaining provisions. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories