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Black jet 'Site Terms: WHAT YOU AGREE TO WHEN USING THIS SITE'Welcome to Black jet website (the "Site")! These terms of use ("Site Terms") impose conditions on your access to this Site, and any use you make of it, so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with Black jet or its subsidiaries or affiliates for other products or services.

 

In an effort to make on-line information about Black jet and business transactions with us efficient, Black jet uses www.blackjet.com.au as an entry into many networked web pages operated by Black jet and its subsidiaries and affiliates. Except as supplemented or superseded as described herein, these general terms of use for www.blackjet.com.au apply to the entire Black jet Site and control your use thereof.

Black jet reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

BY ACCESSING, BROWSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

Questions and or comments about this Site and or its contents are most welcomed - Please see our contact page.

Incorporated Policies or Terms

 Privacy Policy: Black jet believes strongly in protecting individual user privacy and providing you notice of Black jet's collection-and-use data, including personally identifying information, collected from the Site. Therefore, Black jet has adopted a Privacy Policy that you should review in order to fully understand how Black jet collects and uses information.

Terms & Conditions: Orders and or requests with the Black jet Site for products and or services for purchase are subject to Terms & Conditions required as a condition to completion of the transaction. These Terms & Conditions may be posted on the Black jet Site or set forth in a separate agreement with you. Your subsequent transactions will be governed by such Terms & Conditions, therefore you should review them carefully.

Site License and Access

Black jet grants you a limited licence to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Black jet or any third party.

You may not use, frame or utilize framing techniques to enclose any Black jet trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Black jet's express written consent. Further, you may not use any meta tags, HTML, JavaScript and so forth (beyond that of which due proprietary recognition has been acknowledged) or any other "hidden text" utilizing a Black jet name, trademark, or product name without Black jet's express written consent.

Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files HTML, JavaScript and so forth (beyond that of which due proprietary recognition has been acknowledged) and other files and the selection and arrangement ("Materials") thereof are copyrighted, ALL RIGHTS RESERVED, by Black jet, Black jet Management and/or third-party licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, utilised in any static or generated 'on-the-fly' WebPages or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Black jet or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Black jet or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. Before you download or otherwise copy any photographs or images from the Site, you must agree to the terms and conditions contained herein. Any request for grant of a commercial license to Black jet's copyrighted materials is subject to prior approval and should be addressed to Black jet at: info@blackjet.com.au.

Copyright Complaints

Black jet respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Black jet the following written information:

  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the Site;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Black jet's Copyright Agent for notice of claims of copyright infringement on this Site is Damian Parkinson, who can be reached at our contact page.

Trademarks and Service Marks

Black jet logos and product markings, and the products and services described in this Site (except those belonging to Black jet suppliers or licensors), are among the trademarks, service marks or registered trademarks owned by Black jet, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Black jet. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress owned by Black jet and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Black jet. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use Black jet marks is subject to prior approval, and should be addressed to the Black jet at: info@blackjet.com.au.

Third-Party Content

This Site may, from time to time, include discussion forums, and interactive areas, including bulletin board services ("BBS"). Any forums and interactive areas of the Site shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:

  • Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

  • Upload or transmit any Content that would constitute or encourage a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

  • Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;

  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and

  • Without Black jet's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

Black jet takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, Black jet is only a forum and is not liable for any statements, representations, or Content provided by its users.

Enforcement. Black jet has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. Black jet may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Black jet reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Black jet's systems and customers, or to ensure the integrity and operation of Black jet's business and systems, Black jet may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. Black jet's right to disclose any such information shall govern over any terms of Black jet's Privacy Policy.

Responsibility for Your Conduct. You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless Black jet from any claim, action, demand, loss, or damages (including Solicitors, Barristers or other legal representatives' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.

Linking

Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray Black jet or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Black jet logo or other proprietary graphic or trademark of Black jet to link to this Site without the express written permission of Black jet. This limited right may be revoked at any time.

Third-Party Links. Black jet makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of Black jet and Black jet is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. Black jet is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Black jet of the site or any information contained therein. When leaving the Black jet Site, you should be aware that Black jet's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

General Submissions

Do not use this Site as a means of submitting information you consider to be proprietary. Confidential and proprietary information should be submitted only in connection with those Black jet WebPages specifically allowing and providing for its receipt and protection. Except as otherwise expressly provided in the terms of use for your Order and or Information Request with Black jet's Site or in a written agreement with Black jet applicable to your particular use of Black jet's Site, any submission of materials by you will be considered a contribution to Black jet for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Black jet, or postings on this Site, are non-confidential (subject to Black jet's Privacy Policy) and shall become the sole property of Black jet. Black jet shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Black jet, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

Export Restrictions

Any software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to export controls, and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorised by law, you agree and warrant not to export or re-export the Software to any country, or to any person, entity, or end-user subject to export controls, including without limitation persons or entities. You further represent and warrant that no agency has suspended, revoked, or denied your export privileges.

Financial Material Disclosure

Forward-Looking Statements. This Site, and any documents issued by Black jet and available through this Site, may contain statements which constitute forward-looking statements. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. Black jet undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

Press Releases. The information contained within press releases issued by Black jet should not be deemed accurate or current except as of the date the release was posted. Black jet has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbour for forward-looking statements, and is subject to material risk.

Third-Party Financial Information. Black jet may provide links to third-party Web sites or services that contain financial or investment information about Black jet. Access to such Web sites and the information contained therein is provided as service to those interested in the information. Black jet neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, Black jet does not endorse or adopt these Web sites or any information contained therein, without limitation. Black jet makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk.

Disclaimers

"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. Black jet DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. Black jet DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. Black jet IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE Black jet ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, Black jet CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Black jet reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Black jet.

Limitation of Liability

IN NO EVENT SHALL Black jet BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Black jet (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF Black jet's SITE EXCEED AUS$1.00 OR THE COMPENSATION YOU PAID Black jet, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Queensland, applicable to agreements made and entirely to be performed within the State of Queensland, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Queensland, Australia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, Black jet reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Last updated:  Wednesday, 10th May 2006 06:00pm EST.