Ownership of Site Content

Unless otherwise indicated on our Site, the Site and all content and materials therein, including but not limited to the DAYNAM!C logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Content") are the proprietary property of DAYNAM!C, OCEANBLUESKY or its affiliates, licensors, suppliers or users and are protected by Australian and international copyright laws. 

 

You are granted a limited, nonexclusive, non-sub-licensable license to access and use the Site and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Content for your informational, noncommercial and personal use. Such license is subject to these Terms and excludes: 

(a) any resale of the Site or Site Content; 

(b) the collection and use of any product listings, pictures or descriptions the distribution; 

(c) public performance or public display of any Site Content; 

(d) modifying or otherwise making any derivative uses of the Site and the Site Content, or any portion thereof; 

(e) use of any data mining, robots or similar data gathering or extraction methods; 

(f) downloading (other than page caching) of any portion of the Site, the Site Content or any information contained therein, except as expressly permitted on the Site or pursuant to separate terms; 

(g) any use of the Site or the Site Content other than for its intended purpose. 

 

Any other use of the Site or the Site Content, without the prior written permission of DAYNAM!C, is strictly prohibited and will terminate the license granted therein. Such unauthorized use may also violate applicable laws, including but not limited to copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated therein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. 

 

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records or by written communication sent by first-class mail to a user's address in our records. 

 

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray DAYNAM!C or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DAYNAM!C logo or other proprietary graphic of DAYNAM!C to link to the Site without the express written permission of DAYNAM!C PTY LTD. Further, you may not use, frame or utilize framing techniques to enclose any DAYNAM!C trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without DAYNAM!C and/or OCEANBLUESKY express written consent. 

 

DAYNAM!C makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or website linking to the Site. Such sites are not under the control of DAYNAM!C and DAYNAM!C is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such site. DAYNAM!C provides these links to you only as a convenience and the inclusion of any link does not imply affiliation, endorsement or adoption by DAYNAM!C of any site or any information contained therein. When you leave our Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site. 

 

 

Rights in User Content and Feedback

Except as otherwise provided herein, on the Site or in a separate agreement (such as the rules of DAYNAM!C trick contest), DAYNAM!C claims no ownership or control over any User Content. However, by submitting User Content (Photos, Expert Advice Articles and/or videos, Expert Advice Reviews and/or videos) you grant DAYNAM!C and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Site and on third-party Site. If you choose to remove your User Content, the license granted above will automatically expire; however, you acknowledge that there may be exceptions (for example, you cannot delete or withdraw a photo you submitted that has already been published or your purchase history). In addition, we may retain archived copies of your User Content and cached copies of your User Content may still be available for some period of time. 

 

By submitting User Content, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to submit and use such User Content to the Site and to grant the rights to DAYNAM!C that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and submission thereof in connection with the Site, do not and will not violate these Terms, any other applicable DAYNAM!C terms, guidelines or policies or any applicable law, rule or regulation. 

 

Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Site, DAYNAM!C or DAYNAM!C's products or services that are provided by you, whether by email, posting to the Site, Social Media or otherwise ("Feedback"), are non-confidential and shall become the sole property of DAYNAM!C. DAYNAM!C and its affiliates shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; you may have a really good idea, but we may have already had the same or a similar idea and we do not want disputes. 

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Prohibition Against Harmful Transmissions

You agree that You will not upload, post, e-mail, or otherwise transmit to the Site or to any other User any messages, programs, or other materials (including but not limited to Trojan Horses, viruses, worms, and the like) that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or telecommunications equipment. You also agree not to: 

(a) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution process; 

(b) create compilations or derivative works of any Content and materials from the Site; 

(c) use any content and materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; 

(d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the site; 

(e) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; 

(f) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; 

(g) use any automatic or manual process to harvest information from the Site; 

(h) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing (3) unsolicited telephone calls or facsimile transmissions; 

(i) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; (j) export or re-export the Site or any portion thereof, or any software available on or through the Site.

 

Product Reviews

We may provide specific opportunities for you to tell DAYNAM!C and other DAYNAM!C crew” (Employees) or users what you think about our products or services ("Product Reviews"). If you take advantage of such a Product Review opportunity, which may be changed from time to time, you agree to state your opinions lawfully, honestly and in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is sponsoring you, paying your or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and DAYNAM!C does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. 

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User Conduct

You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree not to:

 

Use or attempt to use another's account, including use of a Sub-Dealer account without authorization from DAYNAM!C.

Use the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site.

Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Site for the purposes of sending spam

Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data

Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law)

Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes

Attempt to circumvent any content filtering techniques we employ or access any service or area of the Site that you are not authorized to access

Engage in any harassing, intimidating, predatory or stalking conduct

Develop any third-party applications that interact with User Content and our Site; or

"Frame" our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.

DAYNAM!C is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is DAYNAM!C responsible or liable for any associated loss, damage, injury or harm. SKYDIVING, PARACHUTING ARE ULTRA-HAZARDOUS ACTIVITIES. CUSTOMER / USER EXPRESSLY AND VOLUNTARILY ASSUMES ALL RISK OF PROPERTY DAMAGE, BODILY INJURY AND/OR DEATH. Although DAYNAM!C has no obligation to monitor any user conduct on the Site, DAYNAM!C reserves the right and has absolute discretion to monitor any user conduct on the Site at any time and for any reason without notice. 

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Indemnification

You agree to defend, indemnify and hold harmless DAYNAM!C, its subsidiaries, affiliates, officers, agents, partners, crew/employees, customers, independent contractors, service providers and consultants, and their respective directors, members, managers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to:

(a) your use of the Site; 

(b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through the Site; 

(c) any Feedback you provide; 

(d) your violation of these Terms; 

(e) your violation of any rights of another; 

(f) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you. 

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No Third-Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. 

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Disclaimers

Except as expressly provided, the Site, Site Content, User Content and services provided on or in connection with the Site (collectively, "Complete Site") are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. DAYNAM!C DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. DAYNAM!C does not represent or warrant that the Complete Site is accurate, complete, reliable, current or error-free. DAYNAM!C does not represent or warrant that the Site or its servers are free of viruses or other harmful components. 

 

IN ADDITION, DAYNAM!C DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO SITE CONTENT, INCLUDING DAYNAM!C VIDEOS AND "EXPERT ADVICE" ARTICLES. This Site Content is general in nature and must be used with an appreciation for the differing capabilities among individual users and the differing demands placed on gear and techniques by the wide variety of circumstances that can be encountered in skydiving or other extreme sports. The information is not a substitute for in-person guidance by a qualified instructor, coach or for personal experience gained in the company of knowledgeable and experienced skydivers or other extreme sport athletes. 

 

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you. 

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Limitation of Liability

In no event shall DAYNAM!C, customers, employees or agents be liable for any direct, special, indirect or consequential damages or any other damages of any kind, including, but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, Tort (including but not limited to, negligence) or otherwise, arising out of or in any way connected to the use of, or inability to use, the complete site, including without limitation any damages caused by or resulting from reliance by the user on any information obtained from DAYNAM!C, employees, members, managers, directors, agents, vendors or customers or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in-operation or transmission or failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to DAYNAM!C’s records, programs or services. In no event shall the aggregate liability of CHUTINGSTAR, whether in contract, warranty, Tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of our inability to use the site exceed any compensation you pay, if any, to DAYNAM!C for access to our use of the complete site. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations or liability may not apply to you. 

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Site Updates

DAYNAM!C reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that DAYNAM!C will not be liable for any modification, suspension or discontinuance of the Site or any part thereof. 

 

Termination

Either you or we may end this agreement with or without cause or prior notice. Notwithstanding any of these Terms, DAYNAM!C reserves the right, without notice and in its sole discretion, to terminate your right to use the Site, or any portion of the Site, and to block or prevent your future access to and use of the Site or any portion of the Site. 

 

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. 

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Agreement to Conduct Transactions Electronically; Recording; Copies

You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. 

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Pricing and Availability

All prices are shown in AUD dollars (except where otherwise; taxes, shipping and handling charges are additional). All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. 

 

Accuracy

We attempt to be as accurate as possible and eliminate errors on the Site; however, we do not warrant that any product, service, description, pricing, photograph, or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. 

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Shipping & Handling

When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. 

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Exclusivity of Remedy; Limitation of Liability

Your sole and exclusive remedy, and DAYNAM!C's sole and exclusive liability, for any breach of warranty shall be your right to return the product or receive a refund for the service under the DAYNAM!C returns and exchanges policy. IN NO EVENT SHALL DAYNAM!C BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF DAYNAM!C, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. 

 

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. 

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Skydiving Terms & Conditions

Agreement/Terms and Conditions

Providing you with a 100% safe and amazing experience is our #1 focus. This means that we reserve the right to alter and or change the means of how we action your tandem skydive to ensure its

done to the highest standard. The following may be changed with no prior notification: type of aircraft used, drop zone, views promoted in collateral material, check in time, jump time, altitude

reached, duration of free fall, and location. The change to any or all of the previous does not constitute a claim for a refund.

Age requirements: If you are between 12-18 years you must have parental or legal guardian consent. If your parent or legal guardian cannot be with you on the day of your skydive you must notify our office

immediately. We will arrange for the correct documents of consent to be sent to you prior to your skydive.

Alcohol: No alcohol is to be consumed 8 hours prior to your tandem skydive, we reserve the right to refuse clients we suspect to be intoxicated with no refund

Scuba Diving: Due to medical restrictions, you must not scuba dive 24 hours prior to skydiving.

Medical Conditions: in case of any medical conditions or issued please check with your GP is skydiving is suitable

Weight Restrictions and Charges: Any client weighing 95kg or more must be assessed by our Drop Zone Safety Officer on site to determine safety issues due to harness size restrictions and weather conditions.

Each of our skydiving locations in Australia have the following weight restrictions apply. All persons are subject to Tandem Master assessment. Weight over 110kg is subject to DZSO/Tandem Master assessment and

different weight cut-off limits may apply at each location.

Weight Restrictions and Charges, payable on arrival:

95kg - 104.9kg = $50

105kg and above = $75

115kg and above = $100 and requires on site assessment

Skydive Australia has to be notified if customer is under 18 years, over 95kgs or in case of any medical condition / issues.

Cancellations: A 100% cancellation fee will apply to confirmed bookings cancelled by you within 48 hours of actual jump date! Rescheduling of your booking within 48 hours incurs

a $110 fee!

Video and photos: Cameramen/Tandem Masters are filming in extreme conditions and malfunctions may occur from time to time. Issues of tandem passenger movement, focus, framing, moisture, vibration may

result in video and photo content being inconsistent from passenger to passenger.

Upon a total camera failure, with no usable footage being available from your jump: You are entitled to a FULL REFUND of your purchase price of your camera product.

All original footage and photos remain the property of Skydive Australia to use in any promotions or other activity. Video and Photos should be checked upon receipt, and any problems must be reported within five (5)

days. After this time the footage may not be available.

Credit Card Surcharges: We accept Mastercard and Visa only. If you choose to make a payment via credit card a 1.5% surcharge is applicable.

Group Bookings: It is considered the responsibility of the group organizer to ensure all members of that group are familiar with these Terms & Conditions.

Australian Parachute Federation (APF): $35 APF levy and admin fee MUST BE PAID on board directly to our office. Membership payment is mandatory, all payments and documents must be completed prior

to skydiving. IMPORTANT! All customers MUST PRE REGISTER WITH THE APF. Please remind all your clients that they must register with the APF before arriving to the drop Zone. Links to the APF are found in

all confirmation emails.

Acceptance of these terms and conditions: Completion of your booking and payment indicates your acceptance. It is the agent's responsibility to ensure all customers understand and accept

the terms and conditions.