About These Terms And Conditions
In these Terms and Conditions "we" and "us" mean IRIS Flight Simulation Software ABN 54 044 292 336 of PO Box 1026, Research, Victoria, 3095, Australia, and "you" means you the customer.
These Terms and Conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other Terms and Conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Legal Capacity To Transact
If you are under the age eighteen (18) years you can not place orders with IRIS Flight Simulation Software.
By accepting these Terms and Conditions you acknowledge that you are over the age of eighteen (18) years.
Should IRIS Flight Simulation Software suffer any damage or other losses as a result of a transaction entered into by a minor, IRIS Flight Simulation Software reserves the right to seek compensation for such losses from the parents or guardians of the minor who caused any order(s) to be placed with IRIS Flight Simulation Software.
After placing an order with us, your order status is set automatically. The used order statuses are explained below;
Approved - Your order has been approved and your download links are accessable from your specific order page.
Processing - If you have chosen to pay via Australian Bank Transfer, your order status will be set to "Processing" until such time as we verify receipt of payment in our bank account, at which time we will set your order to "Approved". Orders which are placed OUTSIDE Australia using the Bank Transfer method WILL NOT be processed and a notice will be made on your order to reflect this.
Pre-Payment - You have placed an order through Paymate but you did not click the "Confirm Order" button in the Paymate system after payment processing.
Paymate has accepted your payment, however you did not return to our shopping cart correctly and as such our records have not updated to confirm the purchase. You will need contact us so that we can confirm the payment was approved and then manually change your order status from Pre-Payment to Approved.
There are three terms we use for describing Flight Simulator compatibility, they are as follows;
- Flight Simulator X (SP1): This product is only functional with Flight Simulator X RTM (off the shelf) or upgraded with Service Pack 1. These products do not work with DirectX 10 Preview or Service Pack 2 and may encounter performance issues in Flight Simulator X.
- Flight Simulator X (SP2) & Microsoft Acceleration Expansion Pack: This product is fully functional with Microsoft Flight Simulator X in all its variants.
No support is offered for operation of IRIS products in any other platform than the one advertised.
Placing Your Order
You may place an Order by filling in the Order Form on the IRIS Flight Simulation Software Web Site and clicking the "Confirm Order" button.
When you place your Order, we will issue you with an Order Number. We will do this by email.
By placing an Order, you make an offer to us to purchase the Products you have selected based on these Terms and Conditions.
Information contained on IRIS Flight Simulation Software website constitutes an invitation to treat. No information on our website constitutes or should be deemed as an offer by us to supply any Products, however IRIS Flight Simulation Software will make every effort to supply Products to you. Once a product has been downloaded, IRIS Flight Simulation Software is under no obligation to ensure continued downloads are available. It is your responsibility to ensure your product is backed up should you require to re-install it at a later date.
We will notify you that your order is being processed by sending you an Order Confirmation and invoice via email, however, we do not formally accept your offer until your order has passed our internal validation procedures for verifying the bona fides of each order placed, for the purpose of preventing credit card or payment fraud. IRIS Flight Simulation Software and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We will confirm acceptance of your order when we send you an email confirming shipment of the goods you have ordered.
If we cannot process or accept your Order after payment is received we will contact you by email or telephone.
Payment Methods And Processing
IRIS Flight Simulation Software currently accepts Visa and Mastercard credit cards processed by Paymate.com and Bank transfers from Australian Bank accounts only.
Payment processing will not begin until we receive all the information we need.
Orders placed on a weekend or a Public holiday may not begin payment processing until the next business day.
Business days are Monday through Friday, excluding the State of Victoria Public holidays.
We process credit card payments after you click the "Confirm Order" button.
For credit card payments we will email an invoice to you with your Order Confirmation. Your invoice is your proof of purchase.
If paying by Bank Transfer, product download links will be authorised by an administrator once payment has cleared into our account.
Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
You may be required to provide further identification for additional security reference checks.
If your Paymate payment is funded by an echeque this may substantially delay processing your Order while payment clears.
Product Pricing, Availablility and Freeware Support
IRIS Flight Simulation Software reserves the right to alter its pricing and availability of products at any time with or without notice. IRIS Flight Simulation Software also reserves the right to make a previously commercial product "freeware" at their discretion with or without notice.
Freeware products, do not receive technical support from IRIS Flight Simulation Software and as such any enquiries sent to us via this website or e-mail for technical assistance will not be actioned. Freeware support can be obtained from other users at our support forums.
IRIS Flight Simulation Software purchases exclude GST unless otherwise stated on a Product listing.
IRIS Flight Simulation Software always seeks to list Products with the most competitive prices.
IRIS Flight Simulation Software reserves the right to change prices for Products displayed at IRIS Flight Simulation Software at any time.
Prices displayed on IRIS Flight Simulation Software website are based on Australian dollars. Credit card transaction fees may apply to purchases made via the IRIS Flight Simulation Software website. All sales are completed in Australian dollars.
Supply Of Your Products
Subject to these Terms and Conditions, we will supply to you the Products indicated on your Order Confirmation.
When your Order items are ready to download, we will email you to confirm they are ready.
Delivery Of Your Products
Download products will be delivered and any associated licenses to use download products will be issued only after payment processing has completed. In some cases a license or registration code to use the product will be issued directly by the publisher of the product. When this is the case IRIS Flight Simulation Software cannot guarantee the time taken for the issue of such a license or registration code.
We encourage you to visit the "Your Account" section on our website to view the delivery status of your Products.
Your Rights To Return A Product
No refund or credit is available if you have changed your mind about the product, make an incorrect choice, or failed to verify and accurately provide information when placing an Order.
No refund, credit or replacement of any kind is available for download products. A link to your purchased download products will be available for up to 15 days and products may be downloaded up to 10 times. It is your responsibility to transfer your purchased download products within this time. Considering the technical nature of the internet IRIS Flight Simulation Software will make every effort to resolve any issues you may have while attempting to download your products to ensure successful delivery.
Computer Hardware - Exclusions and Limitations
IRIS Flight Simulation Software is not liable for any damage to or loss of any programs, data, or other information stored on any media contained within electronic or computing Products. Recovery and reinstallation of system and application software and user data are not covered under any warranty offered by IRIS Flight Simulation Software.
These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the supply of Products by IRIS Flight Simulation Software and there are no warranties, conditions or other terms that are binding on us except as expressly stated in these Terms and Conditions. Any warranty, condition or other term concerning our Products which might otherwise be implied into or incorporated in these Terms and Conditions by statute, common law or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.
We will not be liable for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
Our maximum aggregate liability for any Product supplied to you whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) in question.
Your Data - Use And Protection
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may use such data, other than credit card details, in order to provide you with information from time to time on other Products offered by IRIS Flight Simulation Software that may be of interest to you. If you do not agree to our using such data in order to provide you with information on other Products offered by IRIS Flight Simulation Software, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request. Please refer to our Privacy Notice.
Credit Card Fraud
Whilst IRIS Flight Simulation Software employs the latest in Secure Sockets Layer (SSL) technology software for its transactions with our customers, IRIS Flight Simulation Software will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.
You shall not assign any rights and obligations under these Terms and Conditions whether in whole or in part without the prior written consent of IRIS Flight Simulation Software. Any unauthorized assignment shall be deemed null and void.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question shall not be affected thereby.
Under the Trade Practices Act 1974 ("Act"), where implied conditions and warranties cannot be excluded, any liability in IRIS Flight Simulation Software for breach of such conditions and warranties (other than a condition or warranty implied by section 69 of the Act) shall be limited, at the option of IRIS Flight Simulation Software, to the replacement of the Product(s) or the re-supply of the same Product(s); the payment of the cost of replacing the Product(s) or of acquiring equivalent Product(s).
Neither our failure nor your failure to enforce any Term or Condition constitutes a waiver of such Term or Condition. Such failure shall in no way affect the right to later enforce such Term or Condition.
IRIS Flight Simulation Software reserves the right to change the Terms and Conditions of sale at any time.
No employee or agent of IRIS Flight Simulation Software has the authority to vary any of the Terms and Conditions governing any sale.
IRIS Flight Simulation Software shall not be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by circumstances beyond the reasonable control of IRIS Flight Simulation Software, and IRIS Flight Simulation Software shall be entitled to a reasonable extension of time for the performance of such obligations.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria, Australia and shall be subject to the non-exclusive jurisdiction of the courts of Victoria.
Conditions of Use
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