Terms & Conditions

The Continuing Airworthiness Application (“Application”) is owned and operated by the Commonwealth of Australia acting through the Department of Defence (“Defence”). In these Terms of Use reference to “Defence” includes its employees, agents, contractors, sub-contractors and volunteers. At all times when using the Application, you accept these Terms of Use and agree to be bound by them as amended from time to time. Defence may at any time without notice change these Terms of Use by updating this page and we encourage you to periodically visit this page by clicking the “Terms & Conditions” link in the main menu of the Application.

Any costs associated with downloading, installing accessing and using the Application remain your responsibility and are dependent on the service provider used; however, Defence will not charge you to download or use the Application. To use some features of the Application and for updates, you must enable 3G or 4G and/or Wi-Fi data connection and provide any approvals/consents in the manner required.
You must have the bill payer's consent to use Internet or mobile Internet to use the Application. Some service providers and mobile devices may not provide access to mobile Internet and you must check with their service provider if unsure. 

Downloading, accessing and using the Application and accessing and using mobile content including web-based content will incur data charges. Any external links and Application features that require Internet or mobile Internet connection may also incur data charges. Data charges will remain your responsibility and will vary depending on the Internet service provider, usage plan or mobile carrier used (as applicable). You will need to refer to the terms of the contracts with your mobile carrier, usage plan or Internet service provider (as applicable) for costs. The charges for all data services will appear on your next mobile phone bill and/or Internet bill (as applicable). All general queries related to carrier rates or mobile or Internet bills should be directed to your mobile phone carrier or Internet service provider (as applicable).
If you are the driver of a vehicle (or other form of transport) you must not use the Application while the vehicle (or other form of transport) is moving or is stationary but not lawfully parked. You must comply with all applicable road rules and regulations before and while using the Application. In the interests of safety at all other times, you should only use the Application when it is lawful and safe to do so.
Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferable licence to install, access and use the Application on mobile devices you personally own or lawfully control and/or Defence owned assets. You must not: (a) decompile, reverse engineer, disassemble or convert the Application or any part of it to a human perceivable form; (b) reproduce, modify, adapt, create derivative works from, distribute or republish the Application or any part of it; (c) rent, lease, distribute, sell, resell, sublicense, lend, transfer or provide access to the Application or any content on it to any third party; (d) use the Application for the benefit of any third party; (e) incorporate the Application into any product or service that you provide to a third party; (f) remove or obscure any proprietary or other notices contained in the Application; (g) use the Application for competitive analysis or to build competitive products; (h) publicly disseminate information regarding the performance of the Application; or (i) cause, authorise, encourage or assist any third party to do any of the foregoing things.

Defence reserves the right to change the Application in any way with-out notice to you. Your ability to access and use the Application may be terminated at any time without notice to you. If you do not agree to these Terms of Use, you must immediately exit the Application and delete the Application from your device.
The Application is compatible with Apple iPhone running iOS 9 or greater.

DISCLAIMER
To the extent that Defence supplies any service via the Application (within the meaning of the Competition and Consumer Act 2010 (Cth) and any State or Territory civil liability legislation), you acknowledge that your participation in such services and/or activities arising from this application may involve risks, resulting in personal injury or death.
This clause 9 does not apply to any consumer guarantee under the Australian Consumer Law or to any liability of Defence for failure to comply with a consumer guarantee under the Australian Consumer Law. To the fullest extent permissible by law, the Application and its entire contents are provided on an “as is” and “as available” basis without any warranties of any kind either expressed or implied. Defence disclaims all warranties of merchantability, non-infringement and for a particular purpose.

USING THE APPLICATION
The Application provides you with information about the Manual of Continuing Airworthiness and other Defence related aviation documentation.
 You use the Application at your own risk. By using the Application, you agree to indemnify and hold harmless Defence from and against any direct or indirect liability, loss, damage cost or expense arising out of, or in connection with, your use of the Application or its use by anyone else who uses the Application by access on your device or Account.
 You may only use the Application if you are an Australian Citizen aged 16 years and 6 months or older and, if you are under 18 years of age, with the consent of your parent or legal guardian. The Application may be used in Australia and overseas and Defence makes no representation that it is appropriate or available overseas.
You must not use the Application unless you have accepted these Terms of Use and the terms of Defence’s Privacy Policy and Collection Statement. By downloading, installing accessing or using the Application, you indicate your acceptance of these Terms of Use.
You are responsible for any activity under your device and/or Account. It is your sole responsibility to control access to and use of your device and/or Account. Defence will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Defence retains the right and absolute discretion to terminate or suspend access to the Application without notice for any reason including if it believes that you are abusing or tampering with the Application in any way, that you have breached these Terms of Use, or that you have engaged in any unlawful or other improper conduct that may jeopardise the proper administration of this Application. Defence's legal rights to recover damages or other compensation from such an offender are reserved.

PRIVACY COLLECTION STATEMENT
The Department of Defence only collects personal information that is reasonably necessary for, or directly related to, the performance of its functions and activities. Any personal information collected, retained or disclosed in connection with your use of the Application will be collected, retained and/or disclosed in accordance with the Defence Privacy Policy, the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

INTELLECTUAL PROPERTY
 All rights, title and interest in all intellectual property rights in and relating to the Application and associated brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Application (“Brand Features”) and the content on the Application are owned by Defence, its licensors and/or promotional partners and may not be used by you except as permitted in these Terms of Use. Your use of this Application will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Application. Defence, on a case by case basis and to the extent required, grants to you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use this Application. 

GOVERNING IAW 
These Terms of Use are governed and shall be construed and applied in accordance with the laws of New South Wales and you submit to the jurisdiction of the courts of New South Wales or the Federal Court sitting in New South Wales to determine any matter or dispute which arises under these Terms of Use.