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Terms & Conditions

1.     Introduction

Welcome to WesternSkyView (hereinafter referred to as "Western SkyView," "we," "us," or "our"). Western SkyView and Website Terms of Use (the “Terms” or “Agreement”) is an agreement between you (“you” or “client”) and WesternSkyview. These Terms and Conditions govern your use of our drone photography and videography services (hereinafter referred to as "the Services"). We grant you a non-exclusive, non-transferable, limited right to access, view, use, display and print information on this site, including all the materials provided hereon, for your personal, informational, noncommercial use only. You may not copy, modify, reproduce, create derivative works from, distribute, transmit, license, or sell any content or any portion of this site without the prior express written consent of Western SkyView. Generally we will grant permission for such use so long as we are properly acknowledged, but the prior express written consent of WesternSkyView is required.

WesternSkyView also provides clients with an on-line technology portal access (hereinafter referred to as "SkyPortal™" or "Portal") This Portal provides you with access to and use of the Western SkyView services. Before you continue using the Portal, or any of the Western SkyView services, it is important that you carefully review the Terms.

2.     Acceptance of Terms

By entering and using the Site or Service, you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Dronegenuity that you will use the Service only in a manner consistent with these Terms. Your use of the Site and the Service is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Site or Service. Specific pages on the Site may set out additional terms and conditions which, in addition to these Terms, shall be binding upon you with respect to those pages. In the case of inconsistencies between these Terms and information included in other materials (for example, promotional materials and mailers), these Terms will always control with respect to the Site and Service. We require that you be 13 years or older to use the Site or Service; if you are under 13 years old, you should not access or use the Service or Site.

3.     Services Offered

Western SkyView provides drone photography and videography services for various purposes, including but not limited to events, construction, inspection, real estate, and promotional content. All prices for our Services are provided on a case-by-case basis and will be communicated to you via email.

4.     SkyViewer Portal Access

For the purposes of these Terms and Conditions, an "on-going customer" is defined as any customer who requires a repeating inspection service that has the same physical site location and requires the same digital footage as agreed by Western Skyview, for a minimum of three repetitions. On-going customers are entitled to complimentary access to the SkyPortal™, facilitated through a third-party client "CoPilot" for the duration of their ongoing service relationship with us. Free access includes the ability to view, download, and manage media footage related to their ongoing inspections. One-off customers, defined as those who do not meet the criteria for ongoing service, must enquire directly with the Company for information regarding fees associated with using the SkyPortal™. Western SkyView will provide one-off customers with a quotation outlining the applicable fees for accessing the portal for their specific inspection requirements. Western SkyView reserves the right to modify or terminate the terms of ongoing service, including free access to the portal via the CoPilot client, at any time.

5.     Booking and Payment

To book our Services, please contact us through the provided contact information on our website. Payment details, including any applicable fees and charges, will be outlined in the quotation provided via email. Payment must be made in full prior to the provision of any photographs, videos, and other materials ("content") included in our services. All rates are stated in AUD dollars and are valid until altered by us. In the event that a Service on this Website is mistakenly quoted at an incorrect rate, Western SkyView reserves the right to refuse or cancel any orders placed for the Service. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a refund to your credit card account in the amount of the incorrect rate. Risk of loss and title to any products that you may purchase from us passes to you upon our delivery of such products to the carrier.

6.     Cancellation and Rescheduling

Cancellations made less than 48 hours before the scheduled date may be subject to a cancellation fee. Rescheduling is subject to availability and must be communicated with Western SkyView at least 72 hours before the scheduled date.

6.     Intellectual Property

All content, including but not limited to photographs, videos, and other materials produced by Western SkyView, are the intellectual property of Western SkyView. We retain all rights, title, and interest in and to its intellectual property, including but not limited to trademarks and copyrights.

7.     Passwords

When you register as a SkyPortal™ user, you will be asked to provide a password. You are the only person permitted to use this password to access and use the Portal service. Ongoing customers are responsible for maintaining the confidentiality of their portal login credentials via the CoPilot client. Any unauthorized use of the portal via the CoPilot client by a third party due to the negligence of the ongoing customer will be their sole responsibility. You must notify Western SkyView immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure. We may rely on the authority of anyone using your password, and in no event and under no circumstances shall we be liable for any compromise of the confidentiality of your password or any unauthorized access using your password.

8.     Use of Content

Clients are granted a non-exclusive, non-transferable license to use the content produced by the Company for the agreed-upon purpose. Any unauthorized use, reproduction, or distribution of the content without the Company's express written consent is strictly prohibited.  Content is made available to clients for specific marketing purposes only. Any publication of content for non specific marketing purposes is strictly prohibited by law without the express written consent of Western SkyView.

9.    Disclaimer of Liability

Western SkyView is not liable for any damages, including but not limited to direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use of our Services. All other express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, are expressly disclaimed. to the fullest extent permitted by law, Western SkyView disclaims any warranties for the security, reliability, timeliness, and performance of this service. this warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

10.     Indemnification

Clients agree to indemnify and hold Western SkyView harmless from any claims, liabilities, damages, costs, and expenses arising from the use of our Services. Any breach of these Terms or of any representation, warranty, or covenant you make herein; your access to and use of the Site; your use of the Service; your creation, your use of the Third Party Content; and your grant of rights and licenses to Western SkyView pursuant to these Terms.

11.     Governing Law

 

These Terms and Conditions are governed by the laws of the state of Western Australia, Australia and the requirements for services covered by Australian Consumer Law.

12.     Modifications

Western SkyView reserves the right to modify or update these Terms and Conditions at any time. Clients are encouraged to review the Terms and Conditions periodically for changes.

13.     Contact Information

For any inquiries regarding these Terms and Conditions, please contact us at info@westernskyview.com.au

By engaging in our Services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

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