Terms and Conditions
Terms of Use
Your use of a website, including Stratoship.au (a Stratoship website), owned by Stratoship (“we”, “our” or “us”) is subject to these Terms of Use, the Privacy Policy and any other terms, conditions, notices or disclaimers displayed on the Stratoship website (collectively the "Website Terms").
In these Website Terms, references to “we”, “us”, “our” and “Stratoship” are references to Stratoship Holdings (ABN 88 649 642 053) and its subsidiaries.
By using the Stratoship website you are taken to have agreed to the Website Terms. If you don’t agree with our Website Terms, then you must cease using our website immediately.
We may vary the Website Terms from at any time and at our discretion. By continuing to use the Stratoship website you will be deemed to accept the updated Website Terms and agree to be bound by them.
You must not post or transmit to or via the Stratoship website any information or material, or otherwise use the Stratoship website for any activity, which breaches any laws or regulations, infringes a third party’s rights or privacy, or is contrary to any relevant standards or codes. You must also not permit or enable another person to do any of those things.
While we use reasonable effort to ensure that our content is accurate, current and complete, we don’t represent, warrant or guarantee its accuracy, currency or completeness to the maximum extent permitted by law.
Although we use reasonable care and skill in providing the Stratoship website, we cannot promise that the Stratoship website will be continuously available or virus or fault free.
To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent suffered by you or any third party, arising from or in connection with your use of our website and/or the Content and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that the Content is incorrect, incomplete or out-of-date.
You are prohibited from using our website and the Content in any way that competes with our business.
Our website may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. You access those sites and use the information, products and services made available at those sites solely at your own risk.
To the maximum extent permitted by law, you must indemnify us, and hold us harmless, against any Liability suffered or incurred by us arising from or in connection with your use of our website or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations under these Terms, and continues after these Terms end. It is not necessary for us to suffer or incur any Liability before enforcing a right of indemnity under these Terms.
Use of our website and these Terms are governed by the laws of Queensland, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.
If you access our website and you are based overseas, we do not represent that our website complies with the laws (including intellectual property laws) of the country in which you reside (if you reside outside Australia). You are responsible for complying with the laws of the jurisdiction where you access our website and that you access our website at your own risk.
Copyright and Trade Mark Notice
All material on this web site is protected under the Copyright Act 1968 (Commonwealth of Australia).
Stratoship and the Stratoship logo are trademarks of Stratoship.
You are not permitted to modify copy or content in any way from the form in which it appears on this web site. You must not breach any intellectual property rights connected with our website or our content, including (without limitation) altering or modifying any of our content or creating derivative works from the content.
You must not republish any material contained in this web site, either on another web site, or in any other medium, print, electronic or otherwise, or as part of any commercial service.
You may create a link to pages of the Stratoship websites. However, you must not:
create a link to the Stratoship websites on any site unless that site conforms to accepted standards of public decency and good taste, does not expose us to any risk of liability under any criminal or civil law (including liability arising from the infringement of a third party's rights) and does not disparage us or our goods or services; or
create any link or use any link in any way to represent or imply falsely, deceptively or confusingly that:
we sponsor, endorse or are affiliated with or related to any third party (including you) or product; or
you are providing, or are the source of, any goods or services provided by us.
We reserve the right to withdraw linking permission by giving notice to you or updating this Copyright and Trade Mark Notice.
You agree to indemnify us from and against any loss or damage that we suffer or incur and that arises out of any claim by a third party against us in connection with any link that you create.
Subject to the Copyright Act 1968, all such use may only be authorised in writing by the copyright owner.
Flight Terms and Conditions
All flight services offered by Stratoship are subject to the following Terms and Conditions.
All flights are subject to:
suitable meteorological and safety conditions, as determined by us in our reasonable discretion;
the aircraft being airworthy and operationally ready;
all required Aviation Approvals being in force; and
the launch site being accessible and safe for operations.
We may postpone or cancel a flight at any time prior to launch if any of the conditions in clause 4.1 are not satisfied. We will notify you as soon as reasonably practicable of any postponement or cancellation.
We do not warrant any minimum flight duration or altitude. If a flight is curtailed due to technical, meteorological or safety reasons, our liability will be limited.
If engaging with Stratoship, you must provide us with complete and accurate specifications for your payload, including its weight, purpose, dimensions, power requirements, electromagnetic emissions, any hazardous or regulated materials, any cameras and their field or direction of view, and any other information we reasonably request (Payload Specifications).
We may, at our absolute discretion, reject any payload that:
does not conform to the Payload Specifications as given by you;
exceeds the payload capacity or technical parameters of the relevant aircraft;
contains any cameras, sensors or equipment that are positioned in such a way that that they capture sensitive information;
contains hazardous, radioactive, explosive or otherwise dangerous materials not disclosed and approved in advance; or
would, in our reasonable opinion, cause us to breach any applicable Law or Aviation Approval.
You represent and warrant that:
your payload and its operation comply with all applicable Laws, export control laws, customs requirements and any laws governing the use of electromagnetic spectrum;
the Payload Specifications are true, complete and accurate; and
your payload will not interfere with the operation, confidentiality or airworthiness of the aircraft or any other payload.
You indemnify us against all Liability arising from or in connection with any breach of this clause or any inaccuracy in the Payload Specifications.
Any tracking data captured by your payload can only be used for your own internal purposes and cannot be published on any third-party server directly or indirectly.
We may, without liability to you, remove, jettison or power off your payload before, during or after a flight if we reasonably determine that it poses a risk to the safety or airworthiness of the aircraft or to any person or property.
Your payload is carried entirely at your risk. Subject to your Consumer Law Rights, we exclude all liability for any loss of, damage to, or destruction of your payload howsoever caused, including during transport, integration, loading, flight, descent, landing or recovery operations.
You must, at your own cost, either:
obtain and maintain adequate insurance covering your payload for its full replacement value for the duration of each flight and any recovery operation; or
self-insure your payload, meaning you use your own financial resources to cover the potential total loss of your payload. If you do not provide evidence of insurance under clause 6.2(a) to us upon our request, you will be deemed to have chosen self-insurance under clause 6.2(b).
Following completion of a flight, we will use reasonable endeavours to recover and return your payload to you. However, we do not warrant that recovery will be possible in all circumstances, including where the payload lands in a remote, inaccessible or international location, or where recovery would pose a risk to our Personnel or third parties. If your payload cannot be recovered, we will notify you promptly and provide reasonable assistance (at your cost) in locating it. We will have no further obligation or liability in respect of an unrecovered payload.
You acknowledge that dangerous goods are used in the operation of our aircrafts and that handling of dangerous goods involves specific safety requirements. You must not interfere with our ground handling procedures and must comply with all safety directions issued by our Personnel.
We may suspend or abort operations at any time if we reasonably determine that site conditions pose a risk to the safety of our Personnel, the aircraft or any third party.