Terms and Conditions

Sphere Communications Pty Ltd (ABN 61 003 102 663) (“Sphere”) is an authorised Australian supplier of unmanned aviation vehicles otherwise known as drones, drone components and a range of other high-technology products (“Products”). Sphere also provide a drone repair service (“Repairs”). 

 

THESE TERMS AND CONDITIONS GOVERN YOUR PURCHASE OF ALL PRODUCTS AND/OR REQUEST FOR REPAIRS AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPHERE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND CONDITIONS.

 

  1. Compliance and Safety
    1. You must not use or allow another person to use the Products in any way that breaches a statute, rule, regulation, proclamation, order, ordinance or by-law, whether Commonwealth, state, territorial or local (“Law”), including, but not limited to the Civil Aviation Safety Regulations 1998 (Cth) (“CASA Regulations”) as amended from time to time. 
    2. Without limiting paragraph 1.1, you expressly acknowledge that, in accordance with the CASA Regulations, those of the Products which are capable of flight:
      1. must not be operated for a commercial purpose, unless a licence is obtained from the Civil Aviation Safety Authority; and
      2. must be operated in accordance with law & CASA standard operating conditions.
    3. All of the Products are accompanied by safety instructions and, in some cases, manuals containing information relevant to the safe operation of the Products. By purchasing the Products, you agree to adhere to those safety instructions and any safety information contained in any product manual (whether available in hard copy or otherwise).
  2. Conditions of Use
    1. You must not use or allow another person to use the Products in any manner which is unlawful, threatening or otherwise inappropriate.
    2. You must ensure that the capture or use of any image, data or information obtained through use of the Products (or any device subsequently fitted to the Products) is not illegal or prohibited by any applicable Law, in force from time to time, and you indemnify Sphere from any claim brought against Sphere as a result of the use of any such image, data or information.
  3. Damage and Total Loss to the Products
    1. You expressly acknowledge that you are aware that:
      1. the correct operation of the Products capable of flight may be affected by radiofrequency (“RF”) interference including, but not limited to, RF emissions from mobile telephone towers;
      2. in particular, and without limiting paragraph (a) above, use of the Products may be adversely affected by RF and/or structural impediments such as buildings and bridges; and
      3. certain Products that are capable of flight have been known to experience a “flyaway” issue as a result of interference by RF or structural impediments,

(together, the “Interferences”).

  1. You expressly acknowledge and accept that you fly any Products at your own risk.  Sphere are not responsible for any loss of, or damage to the Products (or any device fitted to any Products) due to any Interferences.
  2. You expressly acknowledge that a number of the Products, are capable of being modified by either:
    1. connecting the Products to a computer and modifying diagnostic software parameters; or
    2. replacing or adding new or modified parts to the Products;

(together, “Modifications”).

    1. You expressly acknowledge and accept that any Modifications made to the Products are at your own risk.
    2. For the avoidance of any doubt, you expressly acknowledge and accept that loss of, or damage to, the Products may arise, without any fault on behalf of Sphere, due to:
      1. the effect of the Interferences on the Products, including, but not limited to, flyaway events;
      2. the effect of Modifications made by you, or someone on your behalf, to the  Products;
      3. water damage to Products, as a result of You or an operator of the Products, allowing the products purchased by you to come into contact with rain, water or any other liquid, for whatever reason; and
      4. operator or other person error, being events that result in damage or loss which occur whilst you or a third party is operating the Products, and do not arise due to the Interferences or mechanical or technical failure or misuse, but rather through inexperience or error of the operator. 
    3. Sphere will not refund your purchase price where loss or damage to the Products arises in one or more of the circumstances described in paragraphs 3.5(a) to 3.5(d) above.
  1. Warranties for Products manufactured by DJI 
    1. SZ DJI Technology Co., Ltd and its affiliated companies (collectively, “DJI”) is a manufacturer and wholesaler of drones and other related drone products.
    2. All DJI Products are covered by a manufacturer’s warranty, the details of which can be found at http://www.dji.com/service/policy (“DJI Warranty”). You expressly acknowledge that the DJI Warranty terms limit the circumstances in which you may make a valid claim. 
    3. You are able to make a claim under the DJI Warranty via Sphere if you purchased a DJI Products from Sphere. While Sphere will act as an intermediary between you and the manufacturer, you expressly acknowledge that any claim under the DJI Warranty is strictly a matter between you and the manufacturer. 
    4. If you wish to make a claim under the DJI Warranty, you must contact Sphere and Sphere will assist and advise you on how to proceed under the DJI Warranty claim.
    5. Sphere make no guarantees as to whether or not the manufacturer will approve and repair your DJI Products under the DJI Warranty.
    6. If you proceed with a claim under the DJI Warranty and you are directed by Sphere to send your DJI Product to Sphere, you are responsible for the cost of any associated postage.
    7. In the event of a major malfunction, which shall be determined at the sole discretion of Sphere, you may seek to remedy said failure in accordance with applicable law.
  2. Repairs
    1. All claims for repairs and/or replacement is at the discretion of Sphere.
    2. You may request Sphere to conduct Repairs to the Products you have purchased from Sphere or products you have purchased from a third party.
    3. If you contact Sphere to request Sphere to perform any Repairs, Sphere will advise you with regard to the following:
      1. bringing or shipping your drone products to Sphere;
      2. Sphere costs associated with conducting a preliminary inspection to determine what Repairs need to be performed; 
      3. Sphere quote for conducting any Repairs is valid for a period of 30 days; 
      4. the costs for any parts or components on your drone that need to be replaced as part of the Repairs; 
      5. what further repairs if any may be required to repair the drone products and the costs associated with any further repairs; and
      6. how long any Repairs will take to complete.
    4. You are responsible for the cost of any postage associated with the Repairs. Repair works will be carried out upon confirmation of payment of costs associated with Repairs.
  3. Accuracy of Information
    1. The information on Sphere website regarding the Products is sourced from third parties. While Sphere endeavour to ensure that the content of Sphere website is correct and up to date, Sphere take no responsibility for the accuracy, currency, reliability or correctness of any information that is sourced from third parties. You may not claim that any information disclosed renders any of the warranties untrue or misleading or causes a breach.
  4. Limitation of liability
    1. To the fullest extent permitted by law, Sphere do not represent or warrant:
      1. that the Products will be suitable for your intended use; or
      2. that use of the Products will be error or defect-free, or that defects in the Products will be corrected.
    2. Subject to these terms and conditions, to the fullest extent permitted by the law, Sphere:
      1. disclaim liability for:
        1. any loss or damage of any kind (including liability to a third party), including but not limited to loss of revenue, business profits, goodwill or data, or indirect, consequential, incidental, special exemplary or punitive loss or damage (“Loss”), suffered by you in any way relating to these terms and conditions, including any Repairs and your use of the Products, regardless of the basis of such liability and even if advised of the likelihood of such Loss;
        2. any Loss suffered by you or any third party arising in any of the circumstances described in paragraphs 3.5(a) to 3.5(d) above, or any other circumstance beyond Sphere control;
        3. any Loss suffered by you or any third party arising from any Repairs;
        4. any Loss suffered by you or any third party arising during the transportation of the Products;
        5. any Loss suffered by you or any third party arising from your reliance on information on Sphere website sourced from third parties;
      2. exclude all terms, conditions, warranties and guarantees implied by custom, the general law or any Law;
      3. limit Sphere aggregate liability to you in connection with these terms and conditions, any Repairs or your purchase of the Products to the purchase price of the Products or the cost of the Repairs.
    3. Any condition, warranty or guarantee applicable by Law to your purchase of the Products and/or request for Repairs under these terms and conditions is taken to be included in these terms and conditions, if that legislation renders void or prohibits contractual provisions which:
      1. exclude, restrict or modify; or
      2. which have the effect of excluding, restricting or modifying the application of, exercise of a right conferred by, or any liability under, such condition, warranty or guarantee (“Non-excludable Guarantee”).
    4. To the maximum extent permitted by law, Sphere limit Sphere liability for any breach of any Non-excludable Guarantee, at Sphere discretion, to one or more of the following:
      1. in respect of purchases of the Products:
        1. the replacement of the Product;
        2. the repair of the Product;
        3. the payment of the cost of replacing the Product; or
        4. the payment of the cost of having the Product repaired;
      2. in respect of requests for Repairs, the supplying of further Repair, or the payment of the cost of having the further Repair supplied. 
    5. You expressly acknowledge and agree that:
      1. use of the Products is entirely at your own risk;
      2. Sphere make no warranties that the Products will be suitable for your intended use, that use of the Products will be fault-free, or that defects in the Products will be corrected;
      3. no advice or information, whether oral or written, obtained by you from Sphere, Sphere website or by your use of the Products will create any warranty not expressly included in these terms and conditions or applicable by law;
      4. to the maximum extent permitted by law, Sphere exclude and limit Sphere liability to you in accordance with paragraphs 7.2(a) to 7.2(c) above.
  5. Indemnity
    1. You agree to indemnify and hold Sphere and Sphere officers, employees and agents (“Indemnified Parties”) harmless against all Loss suffered or incurred by the Indemnified Parties in connection with:
      1. any breach of these terms and conditions by you;
      2. any wilful misconduct by you; and/or
      3. any unlawful or negligent act or omission by you.
  6. Orders and Payments
    1. The Products may be ordered by following the instructions on the Sphere website.
    2. Prices displayed on the Website are subject to change without notice. Once an Order has been accepted by Sphere and a Purchase Contract formed, the price of the Product cannot be varied except by agreement in writing between you and Sphere.
    3. Sphere reserve the right to decline to sell Products to you and may cancel your order at any time prior to dispatch of the Products.
    4. Any order for the Products must be paid for in full prior to delivery.
    5. Sphere do not accept any responsibility or liability for orders that are declined, delayed or not accepted due to disruptions with internet connections or shipping delays.
    6. Subject to clause 9.7 below, Your purchase of the Products is final. Sphere will not refund the purchase price in circumstance where you have changed your mind or otherwise no longer wish to proceed with the transaction.
    7. At the absolute discretion of Sphere, Sphere may provide you with a store credit to the value of your purchase in the event that you wish to exchange any Product purchased by you for another Product or Products in the Sphere store. Sphere will provide such a credit only in circumstances where the Product and its packaging are returned to Sphere complete and undamaged, that is in original condition. No refunds or store credits will be provided for any drone products that have been activated by You, by entering a personal username and password. You acknowledge and agree to be liable for any and all costs associated with the return of any product to Sphere.
    8. Sphere will not refund your purchase price where loss or damage to the Products arises in one or more of the circumstances described in paragraphs 3.5(a) to 3.5(d) above.
  7. Dispute Resolution
    1. Prior to a party initiating litigation (other than for equitable or interlocutory relief) due a dispute relating to these terms and conditions (“Dispute”), the affected party will notify the other party with the details of the Dispute and, within 14 days of the other party receiving that notification, a nominated representative from each party will meet together and attempt to resolve the Dispute in good faith.
  8. Amendment to Terms and Conditions
    1. Sphere reserve the right to amend these terms and conditions at any time. Any amendments shall be effective immediately upon notification on the Sphere website (<http://sphere.net.au>).
  9. General Provisions
    1. These terms and conditions constitute the entire agreement between you and Sphere regarding your purchase of the Products and/or request for Repairs.
    2. Title and risk in the Products pass to you at the point of dispatch by Sphere to you. Sphere do not accept any responsibility for any delays associated with the delivery of the Products to you by a third party.
    3. If Sphere waive, in whole or part, any rights available to Sphere under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
    4. If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, it is to be read down to give it as much effect as possible, or if it is not capable of having any effect at all, it is to be severed from these terms and conditions, in which case, the remainder of these terms and conditions shall nevertheless continue in full force.
    5. The laws governing these terms and conditions will be the laws in the State of New South Wales, Australia and You irrevocably submit to the non-exclusive jurisdiction of the courts of that State, without regard to conflict of law provisions. 
  10. Privacy
    1. You agree that Sphere may collect, process, store and use data collected from your order for the purposes of processing your order by Sphere. By placing your order or otherwise contacting Sphere, you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products that may be of interest to you. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge a fee for processing such a request. If any data held by Sphere concerning you is incorrect, we will correct it on your written request. Please also refer to Sphere Privacy Policy online.