Participating in all that the Flying Solo website and community has to offer necessitates we have your agreement to the following small business terms and conditions. Sorry, these things are never very exciting!
1. The basics
i. The website is owned and operated by Flying Solo Pty Ltd. (ACN 114 592 504).
ii. You must be 18 years of age or older to use our service.
iii. By registering any details with us, through the act of becoming a member, you warrant that you are 18 or older and that you are registering yourself or are duly authorised to register on behalf of the person whose details you are entering and you have made that person aware of these terms.
iv. A benefit of membership (as outlined in our ‘Join Us’ pages) is receipt of our regular email newsletters. You may unsubscribe at any time, or update your details by following the links in the footer of each email newsletter.
Note: From time to time within this website or via direct communication, we may require you to accept additional Terms and Conditions, for example if you’re advertising directly with us; becoming a contributor; or reproducing any of our content. Such instances will be clearly indicated and are in addition to the Terms detailed on this page.
These Terms contain the entire agreement between us regarding all the subjects covered by these Terms.
2. Access if residing outside Australia or New Zealand (International Membership)
We do not represent or warrant that this website or content contained herein complies with the laws of any country outside of Australia.
If you reside outside Australia and access and use this website, you do so at your own risk.
Free and Premium Membership, including directory listings and forum participation, is generally restricted to businesses residing and operating in Australia or New Zealand. This has been instigated as an essential response to excessive levels of spam and is necessary to maintain the integrity of our community.
At our discretion, we may permit solo or micro businesses from other locations where:
- The products or services are in demand by our members
- There is a proven history of trade with Australian solo and micro businesses
- A new level of expertise is brought to the community
- Flying Solo’s community guidelines are fully respected
Anyone suspected of listing purely as a promotional ‘link building’ strategy or who fails to adhere to our Terms & Conditions and/or our forum guidelines will be removed instantly.
3. Our obligations to you
We provide, whether regularly or from time to time, the following service(s):
- Online knowledge base
- Discussion forums
- Email newsletters
- Membership, where you may choose your own ID and password
- Member Directory
- Video presentations
- Online shopping
- Direct advertising options
- Self manage your personal details
i. The privacy of our site visitors and registered members and the security of their personal information is very important to us. Other than as set out below or as required or permitted by law, we do not disclose your personal information we collect to third parties. That includes for the purpose of allowing third parties to direct market their products and services, unless you agree to us doing so on an “opt in” basis.
ii. Members can remove their email address from our newsletter database at any time by following the ‘unsubscribe’ link at the foot of each issue of the Flying Solo newsletter and members of our member directory and forums can edit the information displayed through the respective user administration tools. Please contact us if you would like us to assist with the removal of your presence from our website or if you’d like help opting out on communication from us.
iii. User’s comments or forum posts and within our social networks are frequently used in our newsletters and on our social media channels. We will make every effort to attribute the quotes to the name or username supplied. Be aware that when posting on Flying Solo or on our social media your words may end up being redistributed in this way.
iv. We use social media channels including, but not restricted to, Facebook, Twitter, Google Plus, Pinterest, Disqus and LinkedIn to distribute news, announcements, promotions, articles and to answer questions. If you submit or post comments, images, recordings or other personal content for public display on social media, or on our website, that information may be available for anyone in the world to read/view/comment on. We encourage you to read the separate social media privacy policies which relate to social media use and which are published by each respective social media organisation. We are not responsible to you for the information handling practices of social media.
v. If you access or connect to Flying Solo using social media, we may access personal information or content you have elected to share on social media with us, such as your name, age, date of birth, gender, profile picture, email address, followers or friends lists and any other information which you have disclosed or posted in connection with that social media.
vii. In the event we sell some or all of Flying Solo Pty. Ltd. or any assets forming part of our business, or are otherwise involved in a merger or joint venture involving all or part of our business, you agree that we may transfer to the other party(s) involved in the transaction or joint venture, your personal information. We may also disclose your personal information to other parties as part of any due diligence process in connection with transactions, mergers or ventures of this nature, or in connection with the sale of shares in our company.
viii. You expressly consent to us using your personal information for all of these purposes.
5. Membership payments
i. Membership payments are made through PayPal or Stripe using their ‘recurring payments’ facility. These options have been selected by Flying Solo Pty. Ltd. as a simple and straightforward mechanism for users. Additionally, it allows users to cease payments easily and quickly, while retaining membership information for future re-instigation.
ii. Debits will automatically be drawn on the monthly/annual renewal date unless you choose to cease the arrangement through your settings in PayPal or Stripe.
iii. No refunds will be given for any listing time paid for but not used.
iv. Where a debit fails to run, due to insufficient funds, card expiry or any other reason, your premium membership listing will automatically downgrade. Likewise, re-instigation of your recurring payment by you, will change your listing back to its full status.
6. Directory listing
Our Member Directory is for premium members wishing to promote their products or services, subject to the following terms:
i. You agree not to display words or images that are illegal, obscene, threatening, vulgar, defamatory, or otherwise objectionable to us or other users.
ii. We reserve the right to remove and/or edit content at any time without notice if it is deemed to contravene these Terms.
iii. Furthermore, we reserve the right to move your listing to a different category or subcategory and change or remove any keywords, comments or annotations at any time.
iv. Your listing must clearly define its purpose, products or service.
v. The listing can only appear once in the Member Directory. Multiple listings to the same business are not permitted and will be removed.
vi. Listings must be written in English.
vii. If you wish to remove your listing, contact us and we will take it down within two business days.
viii. You warrant that any testimonials shown on your listing are genuine and where possible clearly show the source of the testimonial.
ix. Recommendations given to other members are done in good faith and are as a result of meaningful engagement with those members.
7. Interest-based advertising
We have an external ad agency who are responsible for placing most of the advertising on our site. To make this advertising more relevant to you, anonymous information about the previous web browsing activity of your computer may be collected by advertisers and used to associate your computer with one or more pre-defined interest categories. Advertising that matches those interest categories may then be served to your computer. This interest based advertising does not change the amount of advertising you receive, it just makes it more relevant.
8. What we don’t provide
We may like to think we provide everything, but alas we cannot. Here’s what we need to say on this topic:
i. We take no responsibility for the content posted on the website, but reserve the right to remove or edit any material posted on the website, at our sole discretion.
ii. We do not agree to provide this service forever and at any time and for any or no reason, we may: limit, deny, modify or discontinue the service with or without notice to you.
iii. Reasonable care has been taken to ensure that all information is true and correct, however, due to the nature of this site, it may contain inaccurate information, whether due to error or omission of the webmaster or third party providers of information. Please advise the webmaster if you believe that there are any errors or omissions.
iv. Some hyperlinks on our website may lead to other websites that are not owned or controlled by us. We have not reviewed these sites and have no control over the content of such sites. Connecting to linked sites and/or downloading any information from linked sites is done entirely at your own risk. We make no representation or warranty that downloads from linked sites will meet any prescribed specification, nor do we make any representation or warranty that such linked sites will not contain viruses, Trojan horses, worms or otherwise impact upon your computer, nor do we warrant that any goods available via third party sites are fit for purpose or of merchantable quality or that services available via third party sites will be provided in a proper and professional manner.
9. Your obligations to us
In a nutshell, play nicely and honestly. In smallprint this translates to:
i. You represent and warrant that all information you supply to us is complete and accurate.
ii. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. It is your responsibility to provide and maintain an accurate and working email address, delivery address, telephone number, at all times.
iii. You agree not to upload, post, email, or otherwise send or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or site content associated with our website.
iv. You agree that you might encounter illegal, obscene, threatening, vulgar, defamatory, or otherwise objectionable material on our website, for which we will not be liable. You should report such material to us so that we might take steps to remove it, although we are not obliged to do so.
v. You warrant that the material you upload to the website does not infringe any third party’s rights, be it copyright or other rights.
vi. You agree not to interfere in any way with the servers or networks connected to our website, or to violate any of the procedures, policies, or regulations of networks connected to our website, the terms of which are incorporated herein.
vii. You agree not to conduct yourself in an offensive manner while using our service and/or our web site, impersonate any other person while using our website, or use our website for any unlawful purpose.
viii. You agree not to post statements that are illegal, obscene, threatening, vulgar, defamatory, or otherwise objectionable to us or other users.
ix. You agree not to use a false email address or otherwise mislead us or other users regarding the origin of such content. We reserve the right to remove or edit such content at any time without notice.
x. You agree not to stalk or harass other members.
xi. You agree that we are free to use any of the comments, statements, information, ideas, concepts, reviews, hints, or techniques contained in communications you send to us, without further compensation, acknowledgement, or payment to you, for any purpose whatsoever. Furthermore, by posting information on our site, you grant us a nonexclusive, royalty-free license to display, use, reproduce, or modify that information.
xii. You agree to indemnify us and agree to keep us and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agent indemnified from and against all actions, claims, demands, notices, losses, damages, costs and expenses of any nature whatsoever suffered or incurred by us and our affiliates, licensors, content and service providers, participating publishers, authors, dealers, suppliers, employees and agents by reason of any breach or non performance by you of any of these Terms.
xiii. You agree not to use our services to transmit files containing viruses, Trojan horses, worms, or other harmful content.
xiv. You agree not to promote or engage in pyramid schemes, chain letters, junk mail, spamming or flaming using our services.
xv. You may not assign or transfer your membership or membership rights to anyone.
Please note: When participating in Flying Solo’s forums you agree to abide by the additional guidelines published for that section of our website.
10. Limitations on liability
i. The content of our website, and the services we deliver are provided “as is.” If you are considering making a decision based on information on this site which may cost you money, you are in the best position to guard against loss and damage and so you agree that you make such decisions entirely at your own risk. ‘Information’ includes articles, comments on those articles and forum posts.
ii. Access to the site is not warranted to be uninterrupted or fault free. Our services may be interrupted at any time, or cease operation altogether. We take no responsibility for any failures, delays, or interruptions in the delivery of any content contained on our website.
iii. We make no representations or warranties, whether express or implied, of any kind about the accuracy, completeness, currency or functionality of the information available via our website. We assume no liability or responsibility for any errors or omissions in the content of our website. Under no circumstances shall we or our principals, shareholders, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through our website. It is your responsibility to evaluate the information, opinion, advice, or other content available through our website.
iv. To the full extent permissible by law, we are not responsible for any losses or damages arising from the use of the content provided on our website, or for any conduct by users of our website.
v. ln no event shall we, our principals, shareholders, directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data, or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of any games or the information on our website. if any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Please note: Where it is not possible to totally exclude liability, to the fullest extent possible, liability is limited to re-supply or the cost of re-supply of the defective services, at our option.
11. Intellectual property
i. All content and data included on our website, including but not limited to graphics, text, logos, button icons, and software, is our property, or our suppliers and contributors and is protected by copyright laws. No content may be reproduced or used without express written permission from us and any other copyright holder.
ii. Trademarks not owned by us that appear on our website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
iii. Any images of persons or personalities contained on our website shall not be an indication of endorsement of any particular product or our service unless otherwise specifically indicated.
iv. Most of the images on this website are courtesy of the image bank Free Images and are copyright of HAAP Media Ltd, a subsidiary of Getty Images. We gratefully acknowledge the generosity of photographers who have made their images available.
i. Please direct complaints about content on our website, forum discussions, article comments via this form.
ii. Various graphics, text and links are provided by third parties. The material may be inaccurate or infringe the rights of third parties. lf you believe any material infringes your rights or those of a third party, or is misleading, deceptive, likely to mislead or likely to deceive, please write to us via this form providing the following information:
- Evidence of authority to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, our agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on behalf of the copyright owner.
iii. You should be aware that, under the Copyright Act 1968, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and legal fees.
13. Right to terminate
i. We reserve the right to terminate or restrict your membership, or the use of our services without notice, at our sole discretion, but we will terminate you membership if:
- You breach these Terms;
- We cannot verify or authenticate the registration information you provide;
- We, in our absolute discretion, decide that you have ceased to use your account;
- We decide to cease providing our service.
ii. You may terminate your membership at any time by removing your details via the user control panels. This action does not automatically result in the removal of comments you may have made throughout the site, or comments others may make about you or your business. Comments may be removed at our discretion and subject to consideration of the following information you will need to submit via this form:
- A description of where the material that you claim should be considered for removal is located on the site;
- Your address, telephone number, and email address;
- Your reason(s) for requesting removal.
14. Miscellaneous provisions
i. Notices may be given to you at your last known address or email address. Notices to us can be sent via this form.
ii. This Agreement will be governed by and construed according to the law of New South Wales and the parties consent to the exclusive jurisdiction of the State of New South Wales in respect of any litigation that might arise in relation to our website.
iii. lf any provision of this agreement is found to be unlawful, void, or unenforceable, it will not affect the validity and enforceability of any other provision.
lf you have a question or concern about these Terms, please contact us via this form or via snail mail to: Flying Solo Pty Ltd., Level 6, 36 Grosvenor Street, Sydney, NSW 2000 Australia and we will respond pronto.
Thank you for spending time with Flying Solo, Australia’s solo and micro business community.
Updated 1 March 2016