Limitation of liability:
- All content is provided "as is" and without warranties of any kind, either express or implied,
- BMG Aviation does not warrant that the functions contained in any content or any Communications Facility or your access to BMG Aviation site will be uninterrupted or error-free, that any defects will be corrected or that BMG Aviation site or the server which stores and transmits content to you is free of viruses or any other harmful components,
- BMG Aviation does not warrant or make any representation regarding your access to, or the results of your access to, BMG Aviation site (including any related or linked websites) or any content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and you (and not BMG Aviation) assume the entire cost of any necessary verification, maintenance, repair and correction of any relevant content.
- Under no circumstances (including but not limited to any act or omission on the part of BMG Aviation) will BMG Aviation, its owner, employees, agents or representatives and affiliates be liable for any indirect, incidental, special and consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, BMG Aviation site or any content. You expressly acknowledge and agree that BMG Aviation does not exert control over users of BMG Aviation site (including individuals referred to on BMG Aviation site as guests and experts) and is not liable either for their opinions or their behaviour including any information and advice and any defamatory statements or offensive conduct.
Release and Indemnification:
- You further agree to indemnify and hold BMG Aviation, its owner, employees, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of BMG Aviation's website (www.bmgaviation.com.au), the violation of these Terms & Conditions by you, or the infringement by you, or other user of BMG Aviation's website (www.bmgaviation.com.au ), of any intellectual property or other right of any person or entity.
- These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Queensland. You and BMG Aviation agree to submit to the exclusive jurisdiction of the courts of the State of Queensland. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. BMG Aviation's failure to exercise or enforce any rights or provisions of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BMG Aviation in writing.
Ownership of Materials:
- BMG Aviation's logo are copyright of BMG Aviation and may not be used in connection with any product or service that is not BMG Aviation's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BMG Aviation.
- The contents of the BMG Aviation website, including the text, images, audio and video, are copyright and should not be distributed, linked, modified, reproduced or used, in whole or in part or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent from BMG Aviation.