• When you purchase imagery, services or RPAS systems from us, as part of the buying and selling process, we collect personal information you give us such as your name, physical address, email address and contact phone numbers.
• When you browse our store, we also automatically receive your computer’s internet
protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
• We may also collect the following information:
• name and job title
• contact information including email address
• demographic information such as postcode, preferences and interests
• other information relevant to customer surveys and/or offers

• The information we gather helps us to understand your needs and helps provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

• We receive and store the information you provide us electronically.

• We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
• We work to protect the security of your information during transmission and the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

• When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, it is implied that you consent to our collecting your information and using it for the reasons stated above.
• If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

• If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us at support@Overthetopimagery.com.au.

• We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so or if you violate our Terms of Service.

• In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
• However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
• For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
• In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
• Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.
• Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

• A cookie is a small file which seeks permission to be placed on your computer's hard drive. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
• Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
• We use Google analytics and traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
• Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

• We use e-mails as a form of communication to provide advice of any product specials or any news that we may want to advise our customers. If you do not want to receive e-mails or any other mail from us please adjust your account to reflect this by selecting unsubscribe in the log-in page.

• We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
• If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

• If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information, please contact us.

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• Registration:

• Over the Top Imagery is registered in Australia, ABN 64327232072 and is licenced under CASA (ReOC0786) to conduct Aerial Operations.

• Indemnity:

• You shall indemnify and keep us indemnified against all costs, claims, damages, losses and expenses arising as a result of any claim or action that the Content and/or your Marks infringe Intellectual Property Rights belonging to a third party. We shall:

• promptly notify you in writing of any such claim or action;
• make no admissions or settlements without your prior written consent; and
• give you all the information and assistance that you may reasonably require to defend against any such claim or action (provided you reimburse our costs of doing so).

• You agree to indemnify Over the Top Imagery against all claims, demands, damages, costs, penalties, expenses (including reasonable legal expenses) and liabilities made by any third party that may arise from:

• any wilful, unlawful or negligent act or omission by you;
• the publication of any information (including an advertisement) supplied by you;
• the sale or offering for sale of any Item; or
• Your violation of the rights of any third party.

• Events outside our control:

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
• A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• The acts, decrees, legislation, regulations or restrictions of any government.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

• Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

• Communication:

• Sometimes applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic.
• We will generally contact you by e-mail. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights. All communications between you and us must be in English.

• Transfer of rights and obligations:

• The User Agreement between you and us is binding on you and us and on our respective successors and assigns.
• You may not transfer, assign, charge or otherwise dispose of a User Agreement with us, or any of your rights or obligations arising under it, without our prior written consent.
• We may transfer, assign, charge, sub-contract or otherwise dispose of a User Agreement with you, or any of our rights or obligations arising under it, at any time during the term of the User Agreement.

• Waiver:

• If we fail, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
• A waiver by us of any default shall not constitute a waiver of any subsequent default.
• No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

• Variation:

• If any of these terms and conditions or any provisions of a contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• We have the absolute and sole discretion to modify or amend this User Agreement and the Transaction Rules from time to time and such modifications and amendments will be binding upon you once displayed on the Site. You should regularly check the terms and conditions of the User Agreement.
• If you do not wish to be governed by an amended version of this User Agreement or the Transaction Rules you must cease to use the Over the Top Imagery.

• Agreement:

• These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. To the maximum extent permitted by law, all other terms whether express or implied or excluded.
• We each acknowledge that, in entering into the User Agreement, neither of us has relied on any representation, undertaking or promise given by the other and nothing may be implied from anything said or written in negotiations between us prior to the User Agreement except as expressly stated in these terms and conditions.
• Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
• This User Agreement will be governed and construed the laws of the State of Queensland and you irrevocably submit to the exclusive jurisdiction of the Courts of that State.
• In this Agreement where the context permits a reference to “you” includes any one acting on your behalf or with your express or implied authority.

• Service Availability:

• Our website is generally intended for use by residents of Australia (“Serviced Territory”). However we do accept Assignments from clients outside the Serviced Territory.

• Service Unavailability:

• We reserve the right to withdraw or amend the Over the Top Imagery web service we provide without notice.
• We do not guarantee uninterrupted, continuous or secure access to the Over the Top Imagery Service.
• You acknowledge that there may be times when the Over the Top Imagery Service becomes unavailable, whether on a scheduled or unscheduled basis.
• We will not be liable to you or any third party if for any reason our site is unavailable at any time or for any period.

• Misuse:

• We will use reasonable skill and care in making the Over the Top Imagery Service available to you.
• Over the Top Imagery Service is provided without any warranties or guarantees. In particular, we do not warrant that the Over the Top Imagery Service, our site or any of its contents is virus free.
• You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything that has destructive properties.
• Although we will do our best to provide constant, uninterrupted access to the Over the Top Imagery Service, we cannot guarantee this. We accept no responsibility or liability for any interruption or delay.

• Personal Data:

• We will gather, use and disclose personal, contact and payment data you have registered with us in accordance with our Privacy Policy. Any and all data (such as name, address and e-mail address) collected through any user registration process or otherwise shall be owned by us.
• Over the Top Imagery will if required provide information and imagery under legal request by the Queensland or Australian federal police.

• Refund Policy:

• Image purchases are non-refundable. If you are dissatisfied with the website you are free to discontinue using the website, and any payments you have made to OvertheTop Imagery are not subject to refunds.
• In the case of an event not specifically covered in this agreement, refunds will be given at the discretion of Over The Top Imagery.

• All flights conducted by Over the Top Imagery will be in strict accordance with current CASA (Civil Aviation Safety Regulator) regulatory and policy guidance and our own comprehensive Operational and Safety Procedures.
• We require an unobstructed area from which to conduct our flights as we need to maintain an appropriate distance from people and property. We are obliged by CASA to conduct risk assessments for all assignments to mitigate risks to aircraft, people or property.
• All flights will be conducted in suitable weather and with regard to all local.
• Over The Top Imagery is licensed under CASA to conduct Remotely Piloted Aerial Operations and are fully insured..

• The Client will provide Over the Top Imagery with a complete and accurate ‘Brief’ which will accurately detail the Assignment (Services and Deliverables) required, as well as any other information describing any key points of interest and specific requirements no later than seven days prior to the Scheduled Date.
• The Client will provide Over the Top Imagery with information regarding site access and property position as well as any site orientation and procedures relevant to the Services and Deliverables prior to the Scheduled Date.
• Any failure to provide accurate and complete information affecting the delivery of Services by Over the Top Imagery may result in a charge being made by Over the Top Imagery to cover time, associated travel costs and any other costs reasonably incurred by Over the Top Imagery.
• The Client acknowledges Over the Top Imagery may require changes to the Brief where these are necessary to enable Over the Top Imagery to provide the Services in accordance with the terms of its Operator’s Certificate issued by CASA and in accordance with relevant Federal, State and Local laws. The Client agrees to accommodate these changes.

• Over The Top Imagery will prepare and submit a Flight Authorisation (Area Approval, Permission or Exemption) application to CASA, Air Services Australia and/or Defence (if required) for an agreed Fee within an agreed timeframe. The approval timeframes may affect delivery timeframes for the Assignment. The Client must allow sufficient lead time for the approval process and cannot hold Over the Top Imagery responsible any delay caused by this process.
• Access Permission:

• The Client is responsible for obtaining any other approvals / permissions to enable Over the Top Imagery to provide the Services and Deliverables under this Agreement. This includes but is not limited to providing Over the Top Imagery with additional information regarding neighbouring properties and peoples to ensure we meet our privacy and safety obligations.
• Over The Top Imagery is granted permission to enter onto, and fly over, the subject property or activity and shall remain free from liability for personal or property damage provided due caution is exercised and reasonable safety procedures are followed.

• The Client must provide and maintain, as far as is practicable, an environment for Over the Top Imagery crew and other people involved in the Assignment that is safe and without risks to property and health.

• Over the Top Imagery acknowledges that the Client owns all right, title and interest in the imagery captured for an assignment and that Over the Top Imagery has no right to use any of them outside the express terms of this Agreement.
• Over the Top Imagery reserves the right to make reproductions of images created during this Assignment for marketing, promotional and editorial purposes and may use them on and off the Over the Top Imagery website for these purposes.
• We have no obligation to you, and undertake no responsibility, to review the Content to determine whether any such Content may result in any liability to any third party or any breach of any law.
• Notwithstanding anything to the contrary contained in this Client Agreement, if we reasonably believe that any Content may create liability for us, we may remove such Content as we believe, in our sole discretion, is prudent or necessary to minimise or eliminate our potential liability.
• We retain all Intellectual Property Rights on our website site, and nothing in this contract shall be taken to grant any rights to you in respect of such Intellectual Property Rights.
• Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the Content shall remain with you. Except as expressly provided in this agreement, nothing shall be construed to grant to us any right, title or interest in or to the Content

• The Client warrants that they have obtained all Model Rights where required to enable Over the Top Imagery to carry out the Assignment and agrees to indemnify Over The Top Imagery against any cost or claim by any person arising out of photography of any person or thing at the Location and / or Event.

• Over the Top Imagery undertakes to conduct the Services on the specified date and at the time outlined in the Particulars.
• Uncontrollable Events:

• Neither party shall be liable for any failure or delay in performance of this Agreement which is caused by circumstances beyond his reasonable control.
• If any uncontrollable event delays or prevents the performance of the obligations of either party for a continuous period of more than one month, the other party may give notice to terminate this agreement. The notice must specify a date (at least seven days ahead), when the termination will take effect. A termination notice is irrevocable unless both parties agree to re-instate this agreement.
• If the agreement is terminated, all money due from one party to the other becomes due immediately.
• The party claiming the uncontrollable event will take all necessary steps to perform this agreement despite the uncontrollable event.

• Weather Conditions:

• The Client acknowledges that Over the Top Imagery may be unable to provide the Services in certain weather conditions.
• Over the Top Imagery cannot provide the Services on the Scheduled Date if the Pilot deems that it is unsafe to fly due to prevailing weather conditions or if the Client directs Over the Top Imagery that the weather conditions are not suitable for achieving the Deliverables.
• Over the Top Imagery will arrange to provide the Services as soon as practicable after the agreed Scheduled Date where possible. The Client will be liable for any costs incurred by Over the Top Imagery as a result of such re-scheduling.
• Where it is not possible to re-schedule the Services due to the Client’s requirements, Cancellation Rates will apply.
• Over The Top Imagery is not responsible for delay or failure to provide the Services due to the prevailing weather conditions and cannot be held liable where this results in loss or damage to the Client.
• Neither party shall be liable for any delay or failure to perform its obligations pursuant to this Agreement if such delay or failure is due to force majeure. If a delay or failure is anticipated due to force majeure, the performance of a party’s obligations will be suspended

• The total price payable includes:

• The Price for Services and Deliverables as set out in the Particulars
• Fees associated with Flight Authorisation (if applicable)
• All extra costs that are incurred, including but not limited to, travel, accommodation, meals etc. in addition to all other reasonable and customary costs

• All quoted fees are exclusive of GST.
• The Deposit and Balance are payable as outlined below unless otherwise outlined in the Particulars.

• Deposit:

• One half (50%) of the agreed price is payable in advance on signature of this Agreement.
• The above mentioned deposit is non-refundable if the Client / Representative does not arrive as agreed or changes the Scheduled Date and / or Time without due Notice. If Over the Top Imagery does not arrive at the agreed Location and Time specified in the Particulars (unless otherwise agreed and the Client has been advised of a delay), the deposit shall be refunded in full to the Client.

• Balance of Payment:

• The remaining half (50%) is due no more than 14 days after services. Deliverables will be withheld until all monies are paid in full.
• All other amounts due to Over the Top Imagery under this agreement plus GST will be payable on invoice presentation unless otherwise agreed.

• The Client may cancel the Services prior to the Scheduled Date at any time by giving written notice to Over the Top Imagery. The Client agrees to provide Over the Top Imagery with as much notice as reasonably practicable.
• Where the Client cancels the Services, the Client will be liable for the following Penalties to be paid in full on presentation of Over the Top Imagery invoice:

• within 1 - 2 business days of the Scheduled Date – 100% of agreed price plus GST within 3 - 4 business days of the Scheduled Date – 50% of agreed price plus GST
• within 5 or more business days prior to the Scheduled Date – 25% of agreed price plus GST.

• All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warranty or term cannot be excluded, then this sub paragraph will be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
• Over The Top Imagery shall not be liable to the Client for any loss or expense which is:

• indirect or consequential loss; or
• economic loss or other loss of turnover, profits, business or goodwill; or
• loss of amenity represented by the Client having no visual record of a Location or an Event; or
• loss or damage suffered by the Client as a result of an action brought by a third party.

• Except in the case of death or personal injury, the total liability of Over the Top Imagery under this agreement, however it arises, shall not exceed the Price presented in the Particulars. This applies whether an action is based on contract, tort or any other basis in law.
• This paragraph (and any other paragraph which excludes or restricts the liability of Over the Top Imagery applies to Over the Top Imagery employees, subcontractors and agents as well as to the Remote Pilot.

• Over The Top Imagery holds public liability insurance ($20 million) which covers all aspects of the Services. A copy of this insurance policy is available to inspect by the Client upon request.

• Over The Top Imagery warrants that it works under a valid CASA Operation’s Certificate authorising the use of remotely piloted aircraft required to carry out the Services under this Agreement. Its Remote Pilots are certified and authorised to operate this equipment under Over the Top Imagery Operator’s Certificate.

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• Over the Top Imagery sells custom made Remote Piloted Aerial Systems (RPAS) platforms. These are made from custom manufactured components along with readily available off the shelf components sourced from various other manufacturers and suppliers.
• Over the Top Imagery requires the Purchaser to be familiar with the proper use of multi-rotor technologies.
• The provided safety regulations provide the Purchaser with some information necessary to fly, maintain, program and learn this technology.
• Safety Regulations. For the safety of the operator, bystanders and the equipment, the Purchaser agrees to read and understand the technologies and safety regulations prior to operation of the systems purchased from Over the Top Imagery.
• The Purchaser also agrees to seek further information and assistance as needed prior to use.
• The Purchaser also agrees to operate the RPAS in accordance with the systems instruction and maintenance manuals.

• The safety instructions are intended not only for the protection of the aircraft, but also to protect the safety of yourself and others. Improper operation can cause serious injury and property damage. In case of improper use, a RPAS can be dangerous.
• Over the Top Imagery does not manufacture or code any of the software operating on its systems and cannot guarantee their operation.
• Over the Top Imagery does not guarantee error-free behaviour of the hardware, electronics or software. Like any electronic device, there is the potential for malfunction, glitch or error which the user must be aware of. If any product failure were to occur, the customer still maintains all rights under manufacturer’s warranty and Australian consumer law.
• Over the Top Imagery is acting solely as a technician in constructing a functional system for the end user – Over the Top Imagery cannot be held liable for improper operation due to component failure, malfunction or other activity to which we have no control as per the point above. If a component failure were to occur, Over the Top Imagery will work directly with the customer to ensure their rights under manufacturer warranty and ACL are preserved.
• Use at own risk: The Purchaser agrees to the use of the electronics at his/her own risk (this also applies to associated computer software).
• Safe flying: The Purchaser agrees to operate the RPAS system in accordance to CASA regulations. The purchaser agrees not to fly any RPAS in close proximity to persons so as to present a risk of injury if the RPAS were to fail.
• Comply with rules and regulations: The Purchaser agrees to comply with all local, state and national government rules and regulations, especially when flying near airports or populous areas.
• Safe Flying: The Purchaser agrees to use his/her best judgment and always practice safe flying techniques.
• Maintenance/checklist: The Purchaser agrees to conduct a thorough systems check before each flight and to conduct periodic maintenance of the RPAS.
• Inexperienced Pilot: Over the Top Imagery is not responsible for inexperienced operators and is not accountable for the training or any equipment used in, on, or with the aircraft.
• RPAS systems involve complicated machinery that presupposes a basic knowledge of computer programming. If unfamiliar with programming or the RPAS technology, the Purchaser agrees to seek further information and assistance.

• A Custom Built RPAS is defined as a system not being provided, ready to fly, by a manufacturer and is solely one where Over the Top Imagery has performed the construction, configuration and flight testing on the unit. This also applies to modifications made for upgrades to RPASs, which have been supplied to Over the Top Imagery for modification.
• Where a customer purchases a custom built RPAS from Over the Top Imagery, the extent of the contract being engaged is the production of the invoiced items for delivery at our premises for customer handover and pickup. If the customer requires shipment of a custom RPAS, Over the Top Imagery will handle this on the customer’s behalf, but does not engage in any contract past reasonable care and handling of the goods. Over the Top Imagery will take all necessary care to ensure safe shipment of the article, but will not be held liable for:

• Items lost/stolen/damaged in transit where insurance was not selected by the customer.
• Items refused customs entry for international shipments - it is the customer’s responsibility to check local laws and regulations pertaining to legality of systems, parts and components.
• Delays in despatch, transit time, delivery issues, non-delivery of items, or other.

• Where a customer requires shipment of a custom built RPAS, a handling fee will apply reflecting the time taken for packaging the system for shipment, and packing material costs.
• The customer is responsible for all associated shipping and packaging costs, insurance fees, customs duties or other.
• Over the Top Imagery warrants that all goods will be free from material defects at the time of delivery, and will be demonstrated to the client at handover either in person, or via test flight video. By signing off and accepting handover of the system, the client acknowledges that all major systems have been demonstrated to be fully operational and functional.
• Over the Top Imagery warrants that any custom built RPAS supplied to the customer will be free from manufacturer defects limited to the workmanship that Over the Top Imagery have performed, and not extending to component, parts or mechanical items which may comprise a part of the RPAS. Where component failures occur, standard warranties apply as per Over the Top Imagery and supplier warranty, and Over the Top Imagery will liaise directly with the customer to resolve these issues. Customers also retain all rights under Australian Consumer Law at all times.
• It is the customer’s responsibility to ensure adequate pre-flight and post-flight checks are conducted on their system before and after every flight. Over the Top Imagery are not liable for any product failure where said failure would be negated with an adequate pre-flight or post-flight inspection by the customer. This includes propeller and motor mounting, frame and componentry screws and connectors, frame hardware (carbon fibre frame plates and or booms), connectors, locking mechanisms and other. All items should be regularly checked in detail for cracks, loosening screws/connectors, or other damage.
• When using third party applications please be aware that the warranty will not be covered if an incident occurs while using the 3rd party app, regardless if the error is hardware or software related.
• Where it is specifically noted on an item listing that the customer is required to supply a product (e.g. camera) for configuration, and the customer does not, the Over the Top Imagery workmanship guarantee does not extend to that, nor any related items. I.e. where a camera is not supplied for configuration of a gimbal, Over the Top Imagery will not guarantee the final video quality, video feed, or functionality of the camera or gimbal.
• As part of the custom build service, Over the Top Imagery can offer to perform firmware updates on the client’s behalf where the client is not familiar, or willing to do so. This will generally require a flight test and Over the Top Imagery will charge the customer a fee.
• Over the Top Imagery will not be liable for issues as a result of any failure as a result of a firmware upgrade including hardware or component failures, incompatibility or other due to firmware or software updates from the manufacturer, that occur when updating systems. Customers still maintain all rights under Australian Consumer Law.
• Warranties/Guarantees on all systems are non-transferable; Warranties/Guarantees are explicitly an agreement between Over the Top Imagery and the purchasing customer as named on the invoice.
• For any custom built RPAS, Over the Top Imagery always recommends setting up a ground camera to record the entire flight, clearly capturing the craft in the case that there is an incident, crash, flyaway or other. If there is an incident that results in a flyaway or any other incident which results in the craft being unrecoverable, there is insufficient flight data/records available and the customer has not clearly video recorded the incident, then the manufacturer may deny the warranty claim due to lack of information to make an assessment. If this occurs, Over the Top Imagery does not offer any additional warranty where the customer has not recorded video from the ground as recommended by Over the Top Imagery.
• All warranty and DOA claims will be processed through the following warranty process, which consists of:

• Notifying Over the Top Imagery of an identified issue with a part, component or system, providing the following information to support@overthetop.com.au:

• A description of the issue
• A short video of the problem.
• Any requested flight logs
• Any other data required.

• Over the Top Imagery will at best efforts attempt to manage component warranty with manufacturers / suppliers on behalf of the customer and may submit this information to the manufacturer on the customer’s behalf.
• Manufacturer may approve/disapprove the warranty or DOA claim (DOA is valid within 30 days of receipt of system).
• In the event where damage has been sustained as a result of impact or crash landing, the entire aircraft may need to be returned to Over the Top Imagery for full analysis. Over the Top Imagery will then determine if the item is covered, if it is not covered by warranty then a charge will be calculated to conduct repairs.
• Warranty claims if honoured, are limited to at most the value of the system purchased. Warranty does not cover damage to cameras or other items where the RPAS has failed due to component failure.
• Where manufacturer approves the claim.

• Warranty repairs:

• In-house authorisation for repair: if warranty repairs are authorised by the manufacturer to be carried out in house by Over the Top Imagery, then Over the Top Imagery will conduct the repairs, perform testing and return the item to the customer.
• Manufacturer repair: where repairs are not authorised to be conducted in house at Over the Top Imagery, the item will be sent to the manufacturer for warranty repair.
• DOA replacement: where items are identified as being ‘Dead on Arrival’, the manufacturer may authorise immediate replacement of the item.
• Where items are approved for DOA replacement by the manufacturer, Over the Top Imagery may replace the item from local stock, if available. If local stock is not available, Over the Top Imagery reserves the right to revert to normal process with replacement stock being supplied by the manufacturer.
• Where manufacturer disapproves a warranty or DOA claim:

• Over the Top Imagery has no further allowance for replacement, or repair under warranty or DOA, outside of the manufacturer’s provision. Where claims are disapproved by the manufacturer or Over the Top Imagery, Over the Top Imagery offers only a paid repair service. The customer still maintains all rights under Australian Consumer Law.

• If it is found after receipt that the item is not covered under warranty for any reason, the customer will be liable for the associated return postage costs incurred by Over the Top Imagery Items approved for returns, refunds, or exchanges must be returned in the condition they were received and in original packaging.
• Over the Top Imagery will not hold any accountability or liability for any warranty or DOA items for return to overseas manufacturers, which are lost in transit once supplied to our local postage carriers, and the customer has not elected to take out transit insurance on the item.
• All items are insured when in transit between Over the Top Imagery and suppliers repair centre. If an item is found not to be a warranty issue, the customer will be liable for all related postage, packaging and postage insurance costs.
• Over the Top Imagery provides no guarantee on turnaround times for warranty or DOA claims, as this process is managed by overseas manufacturers.
• Where a customer is submitting an item to Over the Top Imagery for warranty or DOA approval, they agree that Over the Top Imagery will not be held liable for items lost in transit with postage carriers, items damaged in transit, loss of work or opportunity, or any other.
• When using third party apps please be aware that the supplier or manufacturer of those applications will not cover warranty if an incident occurs while using the 3rd party app.
• Where purchasing a RPAS, component or accessory from Over the Top Imagery the user understands that due to the technical nature of the industry, any warranty or DOA assessment must be done by, and authorised by, the manufacturer. The customer agrees that where DOA or warranty claims are not approved by the manufacturer, they will not hold Over the Top Imagery liable for compensation or other.
• For any custom built RPAS, Over the Top Imagery always recommends setting up a ground camera to record the entire flight, clearly capturing the craft in the case that there is an incident, crash, flyaway or other. If there is an incident that results in a flyaway or any other incident which results in the craft being unrecoverable, there is insufficient flight data/records available and the customer has not clearly video recorded the incident, then the manufacturer may deny the claim due to lack of information to make an assessment. If this occurs, Over the Top Imagery does not offer any additional warranty where the customer has not recorded video from the ground as recommended by Over the Top Imagery.
• Over the Top Imagery warrants that all goods will conform to all written descriptions as well as any drawings, specifications, samples or models furnished to the Purchaser.
• Over the Top Imagery may provide technical assistance via the telephone, email and website. This assistance does not equate to a warranty, or an acceptance of liability. Any technical assistance provided to customers is advice only, and customers should seek other sources of information before attempting to make any alterations to their product.

• Over the Top Imagery provides repair and maintenance services for custom built RPAS sold by Over the Top Imagery.
• Over the Top Imagery labour/maintenance rates are as follows:

• $165 p/h + GST

• Over the Top Imagery offers four weeks of free technical assistance with all RPAS. This equates to over the phone technical assistance with minor issues.
• Over the Top Imagery will at its discretion offer additional technical support over the phone, or via email, at no charge for minor issues.
• Technical support outside of these clauses is charged at the following rates:

• $165 p/h + GST

• Over the Top Imagery assumes no liability for damage or injury associated with the use of the systems sold.
• Over the Top Imagery does not guarantee error-free behaviour of the hardware, electronics or software. Like any electronic device, there is the potential for malfunction, glitch or error which the user must be aware of. If any product failure were to occur, the customer still maintains all rights under manufacturer’s warranty and Australian consumer law.
• Despite careful preparation and review, Over the Top Imagery does not assume any warranty or liability (direct or indirect) for the accuracy of the software, hardware or information.
• Ready to Fly Platforms will require the use of a computer to change parameters and settings of the RPAS. Any adjustments or changes made by the user, are solely at the risk of the user. Over the Top Imagery accepts no liability, and will not compensate or repair where customers have applied firmware updates to their RPAS or associated componentry which has resulted in malfunction or failure.
• Liability for adjustments: The Purchaser is responsible for adjustments to the RPAS to suit personal preferences. Over the Top Imagery does not recommend making any changes to the original configuration as supplied by us
• Where ANY changes have been made to the initial configuration of the RPAS, or flight radio as supplied by Over the Top Imagery the purchaser bears all liability for the change in configuration. Where the change in configuration results in error, malfunction, or damage to the RPAS, persons or property, the purchaser assumes all liability.
• A purchaser will be subject to a fee for reconfiguration of the RPAS or flight radio where changes have been made from the original configuration installed.
• Over the Top Imagery is not liable for any errors in reconfiguration of RPAS or flight controller, except where a fee has been charged for reconfiguration. This does not include the initial configuration of the RPAS.
• Over the Top Imagery is not liable for advising RPAS suitability for client’s purpose. We advise clients on the capabilities of each machine, and it is at the discretion of the client as to which system they choose, and the suitability of such for their purposes.
• Over the Top Imagery does not, under any circumstance, assume to enter into contracts with customers regarding delivery of RPAS systems within a specific time frame. Any urgent requests for delivery will be accommodated where possible, but Over the Top Imagery will not be held liable for loss of income, favour or other, where RPAS systems, components, or accessories are not delivered to the client within the advised timeframe.
• Over the Top Imagery will not be held liable in any way where clients are purchasing products with an urgent requirement; if the client chooses to proceed with a purchase it is wholly their liability to as to the assumption of risk for delivery.
• Where Over the Top Imagery advises timeframes for delivery, these are indicative timeframes only and can be affected by numerous factors. Over the Top Imagery will not be held liable for loss of income, favour or other related to late delivery of RPASs, components or accessories.
• Over the Top Imagery is not liable for loss or damages for loss of/inability to work due to non-delivery, or non-function of RPASs or equipment.
• Assumption of risk and liability for damages: The Purchaser is responsible for ensuring the product is used in compliance with local, state and national laws, and that at no point during the flight there is the potential for risk to person/s or property. The purchaser is responsible to ensure there is adequate clearance from potential hazards, and will ensure that there is no potential for injury or damage to persons or property if the RPAS were to fail due to operator error or component failure. Any persons injured or any property damaged by use of this product is the sole responsibility of the user. The purchaser is also responsible for determining the suitability of the product for his or her intended use.
• Liability for improper use: The Purchaser assumes liability for improper use of this product.
• Insurance: It is recommended that the Purchaser does not fly prior to purchasing liability insurance. This helps cover costs in the event that persons are hurt or property is damaged as a result of your use of RPAS technology. In general, model aircraft are not covered by standard liability insurance.
• Quadcopters by the nature of their design, have zero motor or propeller failure redundancy. This means that if a motor or prop fails in flight, the craft will not be able to sustain flight and will fall to the ground. Over the Top Imagery does not recommend the use of quadcopter configurations where lifting high value sensors or payloads, due to the inherent lack of redundancy, if the user chooses this configuration they do so at their own risk.
• Multirotor systems with redundancy, such as additional motors, are still prone to failure. Over the Top Imagery does not test the redundancy of systems so cannot guarantee the behaviour of the RPAS system in the event of a failure such as a motor/esc, battery or flight controller failure.
• Hence Over the Top Imagery will not cover any RPAS, it’s payload, sensor or accessory loss (including batteries) sustained in a crash, which is caused by component or structure failures including those of an esc, motor, propeller or flight controller failure leading to a crash on any RPAS system irrespective of its configuration.

• Unless otherwise stated, orders must be paid in full before they are shipped or picked up from Over the Top Imagery for custom builds, a deposit may be required upfront, with the remaining balance being paid before shipment or pickup.
• Where a customer has placed a deposit on a RPAS, the customer understands that this deposit is non-refundable for the following scenarios:

• Where a customer has a change of mind regarding system components, use or specifications.
• Where the customer cannot, or chooses not to proceed with an order
• Where a customer seeks cancellation of the order due to delayed delivery on a RPAS, without providing 2 weeks’ notice to Over the Top Imagery.

• In the event of non-payment and the account being in default and being referred to an external party for collection the customer shall be liable for all resulting costs arising from the recovery, including commission which would be payable if the account is paid in full and legal costs including demand costs.
• Interest shall run on the amount of monies outstanding from the date due for payment until the date payment is made at the rate prescribed by the Penalty Interest Rates Act plus two per centum.
• Where Over the Top Imagery have specially ordered in an item based on a paid order, or order with deposit received, then cancellation of the order is at the discretion of Over the Top Imagery
• A customer may be eligible for a partial or full refund on deposit, at the discretion of Over the Top Imagery, in the following situations:

• Where a customer has a specific timeframe requirement for handover - which has been communicated to, and agreed in contract - and has not been met by Over the Top Imagery.
• Where Over the Top Imagery cannot supply a functional RPAS, or the core parts associated with such system (flight controllers, motors, propellers, radio’s etc.) are unavailable. Auxiliary items such as batteries, chargers etc. are not considered to be core parts of the RPAS

• All Custom built RPAS sales are final. Once a client has commissioned Over the Top Imagery to build a custom RPAS system, there is no scope for cancellation of the build, and the customer is liable for full payment on the system once complete. If the customer wishes to cancel the order for any reason, this will be wholly at the discretion of Over the Top Imagery and a restocking fee of 50% will apply.
• Over the Top Imagery will not refund any RPAS purchase once handed over to the client, except where we are required to under Australian Consumer Law.
• Over the Top Imagery does not typically deal in any second hand or used equipment.
• Where a client is seeking a refund due to delayed delivery of a custom built RPAS, the client must provide an official written 4 week notice of intent to Over the Top Imagery. If Over the Top Imagery cannot supply the RPAS, flight/video system, or major accessories required for flight within this 4 week notification period, the customer will be provided a full refund on parts and labour costs associated with the RPAS and accessories. Major accessories do not include RPAS batteries, or other ancillary items which can be purchased elsewhere.
• Where a deposit has been placed for an item a customer may be eligible for a partial or full refund on this deposit, at the discretion of Over the Top Imagery, in the following situations:
• Where a customer has a specific timeframe requirement for handover - which has been communicated to, and agreed in contract - and has not been met by Over the Top Imagery.
• If there are any discrepancies with an order, they must be reported to Over the Top Imagery within one week of delivery.
• Where Over the Top Imagery cannot supply a functional RPAS, or the core parts associated with such system (flight controllers, motors, propellers, radio’s etc.) are unavailable. Auxiliary items such as batteries, chargers etc. are not considered to be core parts of the RPAS.

• Over the Top Imagery will inform customers when an item will be shipped. Over the Top Imagery is not responsible for estimated or guaranteed delivery dates calculated by AusPost and AusPost Express. Over the Top Imagery does not refund shipping charges if a customer order was not delivered by the delivery date estimated by AusPost or AusPost Express. Certain large items and high value items may be shipped by courier with insurance protection, customers agree to pay for all insurance and postage costs
• Where a RPAS system is ordered together with a protective case, we will pack and ship the RPAS and accessories whenever possible together inside the same case. If a second case is required the customer will be charged for the additional packaging and shipping costs.
• Where free shipping promotion is offered, order will be shipped via Australia Post with tracking number. Parcel insurance is not included by default. Transit insurance is optional and must be requested by the customer by contacting us before the order is posted.
• Over the Top Imagery will take all necessary care to ensure safe shipment of the article, but will not be held liable for:

• Items lost/stolen/damaged in transit where the 'Over the Top Imagery Delivery Guarantee' is not selected by the customer.
• Items refused customs entry for international shipments - it is the customer's responsibility to check local laws and regulations pertaining to legality of systems, parts and components.
• Delays in despatch, transit time, delivery issues, non-delivery of items, or other.

• If additional packaging materials are required, Over the Top Imagery are to be notified in advance of shipment. Over the Top Imagery will not reimburse any additional packaging costs, additional tracking, insurance or other services added to the return postage service, where these have not been specifically approved by Over the Top Imagery in advance.

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