 Terms of Use
The following are the terms and conditions for use of the on the fly services. You, as users, are subject to these Terms of Use, the on the fly Privacy Statement, disclaimers and notices issued by on the fly. Opting-in through the on the fly website or through a mobile phone or use of the on the fly messaging service constitutes agreement to these Terms of Use. on the fly may change any of these Terms of Use at anytime. Continued use of the on the fly service will amount to acceptance of these changes. The service on the fly aspires to deliver timely and accurate information, however you accept that on the fly is not accountable for the quality of materials sent out through on the fly, nor are we accountable for the quality or content of peer reviews or tips distributed through on the fly as part of our peer review service. Engagement with the on the fly service is totally at the user's own risk, and users accept responsibility for all aspects of their engagement of the on the fly service. on the fly will not be liable for any loss or damage caused to the user or anyone else as a result of using the on the fly service. This includes but is not limited to loss or damage caused by loss or delay of message content, mis-guidance or dissatisfaction as a result of on the fly information, erroneous messages, transactions entered into through or from the service, damage to hardware or loss of data, or any loss caused by the negligence of on the fly, its employees or contractors. on the fly excludes all liability to you for indirect, incidental or consequential loss or damage. The user indemnifies on the fly (including its employees and contractors) from all costs, liabilities, actions or claims arising from use of on the fly. Warranties on the fly does not warrant to you that the Service is error free. You recognise that a Service may be adversely affected by events outside on the fly's control and that content, performance and message transmission response times are subject to enabling technology and operational factors beyond on the fly's control, including, without limitation, network coverage, the performance of wireless enabled devices and your engagement with your mobile service provider. No advice or information, oral or written, will create any warranty not expressly stated in these Terms. To the extent permitted by law, all warranties, conditions and representations about the service are excluded. In particular, on the fly excludes any warranty that the service will be uninterrupted or error-free, that defects will be corrected, that the service are free of harmful components, or that information and offers provided through the service will be correct, accurate, timely or otherwise reliable. If terms are not capable of exclusion but are capable of limitation, then on the fly limits its liability for breach of those terms to the maximum extent possible. SMS pricing, on the fly services and sales, and your mobile service provider Opt-in by phone and continued communication with on the fly by sms or mms will be charged at standard and premium rates depending on the time of the communication. Users agree to pay these rates as determined by on the fly. If you use an on the fly Service you will be responsible for paying all equipment and access charges and paying to your mobile service provider the amounts charged in respect of the on the fly Service (including call, mms and sms message charges) as may appear in your mobile service provider bill; the total amounts charged to you will vary depending on the nature and time of the service you use. on the fly is not responsible for any amount charged to you by your mobile service provider in connection with your use of any on the fly Service, and on the fly does not warrant nor guarantee the accuracy or completeness of any bill rendered to you by your mobile service provider. on the fly has a no-refund policy. All queries relating to any mobile bill are to be directed to your mobile service provider. on the fly will be offering for sale tickets, audio files and other articles through the on the fly website, phone sales and at various retail outlets. At the time of sale, the terms governing the sale of articles will be published as part of the transaction. Users will agree to and be bound by these terms that will include a refund policy. In the case that Fly Tix (or audio files and other articles) are purchased from one of our partners, on the fly will provide the ticket to the vendor and the transaction and terms of sale governing the transaction is agreed between the vendor and you, the buyer. We will also be offering ticket sales as a click through to other websites. Again, in this instance the transaction and terms of sale governing the transaction is agreed between the vendor and you the buyer. Entry to any event is ultimately at the discretion of the event organiser. Modifications to the service on the fly reserves the right to vary content or modify the Service with or without notice. on the fly shall not be liable to you or any third party should on the fly exercise its right to modify the Service. Competing services Once you have engaged with on the fly and agreed to receive info on a particular party, event or artists through on the fly, you agree to not engage with competing organisations set-up contrary to the Promoter Terms, in particular information services issued by a collective comprising more than one of our past or present participating promoters or artists, or involving one of our business partners such as an sms gateway or our web development partners. Opt-out You consent to on the fly sending you marketing messages. on the fly will include a recognised identifier in these messages that will enable you to identify on the fly. You may opt out from receiving marketing messages by contacting on the fly at any time. on the fly will comply as soon as practicable with any such notice. on the fly will not send further marketing messages, however, you agree to receive subsequent invitations back to the service at anytime and continue to receive peer reviews until such time as you elect not to receive such information. Intellectual Property You are free to circulate on the fly sms, mms and email messages as you please - this includes forwarding messages and publishing messages, however, you acknowledge that the copyright in these messages remains with on the fly; published materials must acknowledge on the fly as the source of the information. Further, the user agrees that all the contents of the on the fly messaging service including web-sites, pages, logos, hardware and promotional materials are protected by copyrights and remain the property of on the fly. on the fly property, other than information messages may not be copied or published without written consent from on the fly. on the fly is a registered business name and 'Flyer to Phone' and 'Phonetix' are trademarks owned by Monde Pty Ltd. Other stuff It is the responsibility of users to keep their personal opt-in information accurate and up to date by email or sms contact with on the fly. on the fly reserves the right to verify this information from time to time. on the fly grants to you a non-exclusive and non-transferable licence to use any software owned and/or controlled by on the fly for the purpose of your use of any on the fly Service. The user agrees not to transmit any material through on the fly which violates State or Federal law, or transmit any material which is in contravention to any privacy or copyright rules or any other proprietary interest. The user agrees not to interfere with the operation of the on the fly service or on the fly systems. on the fly may terminate any user's service if, in its absolute discretion, it believes any of these Terms of Use have been breached. |
