Terms of service
TERMS OF SERVICE
OVERVIEW
These Terms of Service ("Terms") apply to your use of the OutbackFPV website and online store, including any products, services, content and features made available through the website.
In these Terms, "OutbackFPV", "we", "us" and "our" means OutbackFPV.
OutbackFPV operates this online store using Shopify, which provides the technology that allows us to operate our website and process orders.
By accessing or using our website, or by placing an order with us, you agree to these Terms and any policies referred to in them, including our Privacy Policy and Refund Policy.
If you do not agree with these Terms, please do not use our website.
These Terms are subject to your rights under the Australian Consumer Law and other applicable Australian laws. Nothing in these Terms is intended to exclude, restrict or modify any right, guarantee, remedy or obligation that cannot lawfully be excluded, restricted or modified.
1. ACCESS AND ACCOUNT
You must provide accurate and current information when creating an account or placing an order with us.
You are responsible for maintaining the confidentiality of your account details and for activity carried out through your account.
You must not use our website for any unlawful purpose or in a way that could damage, disable, overburden or interfere with the operation of the website.
We may refuse or restrict access to our website where reasonably necessary, including where we reasonably believe that our website is being misused or that these Terms have been breached.
2. OUR PRODUCTS
We aim to provide accurate product descriptions, specifications, photographs and compatibility information.
However, product colours and appearance may vary depending on your display and other factors. Product specifications, availability and descriptions may also change from time to time.
For FPV and electronic products, compatibility can depend on the specific components, firmware, wiring, configuration and installation method used by the customer. Where we provide compatibility information, it is provided based on the information available to us and should be considered alongside the manufacturer's documentation.
We may discontinue products or limit quantities available for purchase.
Nothing in this section limits your rights under the Australian Consumer Law.
3. ORDERS
When you place an order through our website, you are making an offer to purchase the products in your order.
An order is accepted when we confirm acceptance of the order or otherwise begin processing the order.
We may refuse or cancel an order where reasonably necessary, including where:
- a product is unavailable;
- there has been an obvious pricing or product description error;
- we reasonably suspect fraudulent or unauthorised activity;
- an order has been placed in breach of these Terms; or
- circumstances outside our reasonable control prevent us from fulfilling the order.
If we cancel an order after you have paid, we will provide a refund of the amount paid for the cancelled order, subject to any rights and obligations that apply under Australian law.
You should check your order details carefully before completing your purchase.
4. PRICES AND PAYMENT
All prices displayed on our website are in Australian dollars (AUD).
Shipping and other charges will be displayed during the checkout process before you complete your purchase.
Prices may change from time to time. The price applicable to your order is the price displayed at the time you place the order, except where there is an obvious error.
We accept the payment methods made available through our Shopify checkout.
You must provide accurate payment and billing information and must be authorised to use the payment method provided.
If a payment is declined or reversed, we may delay or cancel the order until payment is successfully received.
5. SHIPPING AND DELIVERY
We currently sell and ship products to customers in Australia.
Shipping options, costs and estimated delivery times are displayed at checkout or otherwise communicated before or after your order.
Delivery times are estimates only and may be affected by circumstances outside our reasonable control, including carrier delays, severe weather, industrial action, transport disruptions and other unforeseen events.
You are responsible for providing an accurate delivery address. If an order cannot be delivered because an incorrect or incomplete address was provided, additional shipping charges may apply to resend the order.
If an order is delayed, lost or damaged during delivery, please contact us as soon as reasonably possible so that we can investigate the issue with the relevant carrier and work with you to resolve it.
Nothing in this section limits your rights under the Australian Consumer Law.
6. RETURNS, REFUNDS AND AUSTRALIAN CONSUMER LAW
Our Refund Policy explains our process for returns, refunds and exchanges.
Our Refund Policy and these Terms do not limit your rights under the Australian Consumer Law.
Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law.
You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Where you believe a product has a problem, please contact us and provide details of the product, order and issue. We may need to assess the product before determining the appropriate remedy.
Consumer guarantees do not generally provide a remedy where a problem was caused by misuse, accidental damage or other circumstances for which the consumer is responsible.
For FPV products, this may include damage caused by circumstances such as incorrect wiring, reverse polarity, incorrect voltage, physical damage, water damage, crashes, inappropriate installation, unauthorised modification or other misuse, where the issue was caused by those circumstances.
This does not affect any rights you may have under the Australian Consumer Law.
Change of mind
Unless otherwise stated in our Refund Policy, we are not required to provide a refund or exchange simply because you changed your mind, ordered the wrong product, found the product cheaper elsewhere or no longer want the product.
Any change-of-mind returns we voluntarily offer are subject to the conditions set out in our Refund Policy.
7. PRODUCT USE AND SAFETY
FPV drone and electronic components can involve electrical, mechanical and other hazards if incorrectly installed or used.
You are responsible for ensuring that products are installed, configured and operated appropriately and in accordance with applicable manufacturer instructions and applicable laws.
Before using a product, you should check its specifications, voltage requirements, compatibility and installation requirements.
In particular, lithium batteries and electrical components should be handled, charged, stored and transported in accordance with the manufacturer's instructions and applicable safety requirements.
Nothing in this section limits any rights or remedies that cannot lawfully be excluded under Australian law.
8. INTELLECTUAL PROPERTY
Unless otherwise stated, the content on our website, including our logos, branding, text, photographs, graphics, product descriptions and website design, is owned by or licensed to OutbackFPV and is protected by applicable intellectual property laws.
You may access and use our website for personal and lawful purposes.
You must not reproduce, modify, distribute, republish, sell, commercially exploit or otherwise use our website content without our prior written permission, except where permitted by law.
Third-party trademarks and product names remain the property of their respective owners.
9. SHOPIFY AND THIRD-PARTY SERVICES
Our website is powered by Shopify.
Purchases made through our website are transactions between you and OutbackFPV. Shopify provides the technology and services that enable us to operate our online store, but Shopify is not the seller of the products you purchase from us.
Our website may also use third-party services, applications, payment providers, shipping services and other integrations.
Those services may have their own terms and privacy policies. Where appropriate, your use of those services may also be subject to their terms.
10. THIRD-PARTY LINKS
Our website may contain links to third-party websites or services.
These links are provided for convenience and do not necessarily mean that we endorse or control the third party.
We are not responsible for the content, availability, security or practices of third-party websites or services.
You should review the relevant third party's terms and privacy policy before using their services or providing them with personal information.
11. PRIVACY
We collect, use and handle personal information in accordance with our Privacy Policy.
By using our website, you acknowledge that your information may be collected and processed by OutbackFPV, Shopify and other service providers as necessary to operate our store, process payments, fulfil orders, provide customer support, prevent fraud and otherwise provide our services.
Please refer to our Privacy Policy for information about how we collect, use, disclose and protect personal information.
12. REVIEWS AND FEEDBACK
If you submit a review, comment, photograph, suggestion or other content to us ("Feedback"), you grant OutbackFPV a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish, display and modify that Feedback for purposes connected with operating and promoting OutbackFPV.
You represent that you have the necessary rights to provide the Feedback and that it does not unlawfully infringe another person's rights.
We may remove Feedback where we reasonably consider that it is unlawful, misleading, abusive, defamatory, offensive, fraudulent or otherwise inappropriate.
We do not guarantee that Feedback submitted by customers will be published or retained.
13. ERRORS AND INACCURACIES
We try to ensure that information on our website is accurate and up to date.
Occasionally, our website may contain typographical errors, incorrect pricing, inaccurate product information, incorrect availability or other errors.
Where permitted by law, we may correct errors or update information on our website.
If an obvious error affects an order, we may contact you to discuss the error and available options.
Nothing in this section permits us to avoid our obligations under the Australian Consumer Law.
14. PROHIBITED USE
You must not use our website:
- for an unlawful purpose;
- to infringe the rights of another person;
- to interfere with the operation or security of our website;
- to introduce malicious code, viruses or other harmful material;
- to attempt to gain unauthorised access to our systems or accounts;
- to scrape, harvest or collect information from our website using automated systems without our permission;
- to impersonate another person or provide misleading information;
- to commit fraud or facilitate fraudulent activity; or
- in any other way that materially interferes with our website or other customers' use of it.
We may restrict or terminate access to our website where we reasonably believe these Terms have been breached.
15. WEBSITE AVAILABILITY
We aim to keep our website available and functioning correctly, but we do not guarantee that it will always be available, uninterrupted or error-free.
The website may occasionally be unavailable due to maintenance, technical problems, updates, third-party services or circumstances outside our reasonable control.
We may modify, suspend or discontinue features of the website from time to time.
16. LIABILITY
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
To the maximum extent permitted by law, and subject to the paragraph above, OutbackFPV is not responsible for loss or damage arising from your use of our website or products where that loss or damage is not caused by a breach of our obligations or is otherwise lawfully excluded.
Nothing in these Terms excludes liability that cannot legally be excluded, including liability that cannot be excluded under applicable consumer protection laws.
17. INDEMNITY
To the extent permitted by law, you agree to be responsible for losses or claims suffered by OutbackFPV to the extent they arise directly from your unlawful use of our website, fraud, deliberate misconduct or material breach of these Terms.
This section does not apply to the extent that doing so would be unlawful or would otherwise exclude, restrict or modify rights or remedies that cannot legally be excluded.
18. TERMINATION
We may suspend or terminate your access to our website where reasonably necessary, including where you materially breach these Terms or use the website unlawfully.
Termination of your access to the website does not affect rights or obligations that arose before termination.
Any provisions which by their nature should continue after termination will continue to apply.
19. SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue to apply.
20. ENTIRE AGREEMENT
These Terms, together with any policies expressly incorporated into them, form the agreement between you and OutbackFPV regarding your use of our website.
These Terms do not exclude or override rights and obligations imposed by applicable law.
21. CHANGES TO THESE TERMS
We may update these Terms from time to time by publishing an updated version on our website.
Changes will apply from the date the updated Terms are published, unless a different date is stated.
Changes will not retrospectively remove or reduce rights that you have under applicable law or affect an order that has already been accepted except where permitted by law.
22. GOVERNING LAW
These Terms are governed by the laws of Western Australia and applicable Commonwealth laws of Australia.
You and OutbackFPV submit to the courts of Western Australia and the applicable Commonwealth courts of Australia in relation to matters arising from these Terms, subject to any rights you may have under applicable law.
23. CONTACT INFORMATION
If you have questions about these Terms, an order, a product or our services, please contact us:
OutbackFPV
Email: store@outbackfpv.com.au
Website: outbackfpv.com.au