PLEASE READ THESE TERMS & CONDITIONS CAREFULLY AND AGREE BEFORE USING OUR WEBSITE, APPLICATION AND/OR USING OUR SERVICE.
AION TERMS AND CONDITIONS
These terms and conditions affect your visit to and your use of our website at www.aioncars.com , the AION Tools, the Application and the Services (as explained below), as well as to all information and / or services provided to you on or through the Website, Window Application and the Mobile Applications.
Your contractual partner is AION Pty Ltd (ACN : ) company registered in Australia’s state Victoria in 2010 at Australian Securities & Investment Commission (ASIC) under the business names act 1962.
AION offers a means (such as the website, phone calls, text messages, email and via a smart phone application; altogether refer as: “AION Tools”) to obtain transportation services from third party chauffeurs and vehicle operators (altogether refer as “Transportation Service Providers”, “TSP”). Transportation Service Providers are exclusively responsible for the provision of any relevant transportation services. AION (the “AION”) has no responsibility or liability in connection with any transportation services which are required to be provided to you by TSP. AION is only intermediate or an arranger between you and TSP.
These terms and conditions (altogether refer as: “Contract”) constitute a legal agreement between you and AION. In order to use the Services (offered by AION) and the Booking Application (Explained below) you must agree to the terms and conditions that are describe below. By using or receiving any services provided to you by the AION for the use of the Application (altogether refer as: “Services”), or downloading, installing or using any associated application provided by the AION (altogether refer as: “Application” or “AION Tools”), you hereby expressly recognize and agree to be bound by the Contract. And any future amendments and additions to the Contract as published from time to time at www.taxitowncars.com.au, or through Application.
By using the Application or Service, you expressly represent and warrant that you are entitled to enter this Contract. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application or Service. By using the Application or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Contract.
USE OF THE SERVICES AND THE APPLICATION
In order to be able to use the Application or Service, you need to sign up with AION. While signing up, you are obligated to provide AION with your personal information, mobile telephone number and credit card detail. Upon successful completion of your signing up with AION, you will have a personal or corporate account, accessible for you or authorized person with a password of your choice.
USE OF AION TOOLS
There are two kind of travel bookings can be made through AION Booking Apps. Quick Booking and Advanced Booking.
The purpose of Quick Booking is to book ASAP vehicle for your current location as pickup address. You can still enter drop off address as well but can’t make any other choices, then AION have choice to send any type of closest vehicle to you.
While making advance booking you have a choice to select your required vehicle, select a type of booking (Transfer Booking or Hourly Booking), select pickup time, enter pickup address and drop off address select appropriate Special Requirement if required and can make a note for TSP.
You can choose from different vehicle classes (e.g. “Any Available”, “Business Class Car”, “First Class Car”, “Corporate SUV”, or “Corporate VAN”) for your Ride Request.
The vehicle images shown in the AION Booking Apps are only illustrative examples. These are not connected with any right to a particular vehicle model for the booked vehicle category – regional differences are especially possible.
Subject to availability, an upgrade from the vehicle class “Any Available” to a higher vehicle class (such as “Corporate Van”, “First Class Luxury”, “SUV”) at no additional cost to you, may be possible. On selection of “Any Available” vehicle; Silver Service Taxis can be sent if no other fleet car is available.
TRANSFER BOOKINGS / HOURLY BOOKINGS, CHANGES TO SERVICE
You can choose between transfer service and hourly service for your Ride Request.
In the case of transfer bookings the price quoted on AION Tools is only a estimate price from a pickup address to destination address. An additional fee, according to the current price structure, road toll, parking, traffic and accrues per stopover on the direct route.
For transfer services, cancellation is free of charge if the TSP has not yet set off for the pickup location or over an hour is left before the agreed pickup time. In all other cases, the full arrangement fee is payable to AION. If there are less than 24 hours before the agreed pickup time a cancellation can only be made by telephone. Possible surcharges for waiting time have to be remunerated.
For hourly bookings, cancellation is free of charge if over 24 hours lie between the cancellation and the agreed pickup time. If less than 24 hours but over 1 hour lie between the cancellation and agreed pickup time, 20% of the total price (or appropriate reimbursement of expenses for the activities carried out by AION) is to be paid, provided the TSP has not yet set off for the pickup location. If the cancellation is made less than 1 hour before the agreed pickup time, or the TSP has already set off for the pickup location, 50% of the total price is payable. If there are less than 48 hours before the agreed pickup time a cancellation can only be made by telephone.
For hourly bookings, the trip must always end in the municipal area of the pickup location. An hourly booking always starts at the pickup time confirmed upon booking.
This is your responsibility to provide your exact pickup time to AION through AION Tools. AION will not be liable for any uncertainty and AION may charge you for waiting time, or cancellation or no show at given time.
You are responsible to provide your exact pickup address to AION through AION Tools. AION will not liable for any uncertainty and AION may charge you for extra travel to actual pickup address, or cancellation or no show at given pickup address.
You are responsible to provide your accurate destination address to AION through AION Tools. AION will not liable for any uncertainty. Your fare price may vary to reach proper destination address.
While making an Advanced Booking you have choice to select appropriate Special Requirements from provided list for your booking. Some of Special Requirements have a extra fee on top of estimated fare. AION reserves the right to change the fees for some of the Special Requirements, as we believe necessary for our business. AION encourage you to check back at our website periodically if you are interested in the AION’s charges for the Service or Application. Additionally booking special requests, e.g.
Require a Baby Seat (Extra $15)
Require a Booster Seat (Extra $15)
Require a Baby Capsule (Extra $15)
Require a Car for Wedding Couple without Ribbon (Extra $150)
Require a Car for Wedding Couple with Ribbon (Extra $200)
Require a Flower Bouquet (Extra $50 plus Bouquet Cost)
Require a Champagne or Wine with ice bucket (Extra $150 Plus Drink Cost)
Require an Additional Stop (According to extra Kilometers or $10)
Etc. may cause the price to increase.
While booking a wedding vehicles with AION it’s your responsibility to inform AION and select a appropriate Special Requirements for wedding. So AION shall take extra effort to accommodate you accordingly. Booking of wedding vehicles cost extra then normal transfer because AION is bound to send you Chauffeured vehicle if you had inform AION prior to the booking time.
ESTIMATE FARES AND RATES
The estimate price and the rates for the transportation services provided by the TSP can be found on the website and via the Application. These may be changed or updated by AION occasionally. It is your responsibility to remain up to date about the current rates of transportation services.
Estimate fare on Mobile Applications, Website and Corporate Application will be calculated through the detail of pickup time, pickup address, destination and Special Requirements provided by you. Estimate Fare may vary due to traffic, weather, special events, public holidays and other factors. Estimate does not include discounts or promotions, road toll and airport parking.
Even after the conclusion of the arrangement agreement and even after the start of the ride, provided it is possible for the TSP, you can make changes to the Travel Arrangements.
If a ride is spontaneously lengthened (distance or number of hours) according to your wish, or passenger, the actual service (total distance or number of hours) will be newly calculated and priced according to the current price structure. In the case of hourly bookings, each additional 60 minute block is considered for invoicing, i.e. from the first additional minute, a half hour will be rounded up to ensure more reliable planning.
Accordingly, the compensation claim increases for you, due to AION’s expenses for the Contract of Carriage for the Benefit of you (the user) increasing.
If the distance or number of hours are less than originally booked, the price remains unaffected.
CANCELLATIONS, CHANGES TO BOOKING, AND NO-SHOWS
A ride is considered a no-show if you, or passenger, has not shown up without cancellation within 30 minutes after the agreed pickup time at the agreed pickup location. If a customer does not show up, the ride must be paid for in full (Estimate Price as shown on AION Tools), whereas possible surcharges for waiting time do not apply.
For airport pickups the ride is considered a no-show when you, or passenger, has not shown up without cancellation within 30 minutes after the agreed pickup time at the agreed pickup location, at which flight delays or earlier flights lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time. If a customer does not show up, the ride must be paid for in full (Estimate Price as shown on AION Tools), whereas possible surcharges for waiting time do not apply.
DELAYS OR WAITING TIMES
Exceptional situations such as air-traffic controller strikes, extreme weather conditions, etc. can be compensated only to a limited extent, meaning that longer waiting periods or last-minute cancellations must be accepted by you.
For transfer services, no surcharges are applied in the case of airport for a waiting time of up to 30 minutes after the agreed pickup time, at which flight delays or earlier flights lead to a deferral of the scheduled pickup time by the planned period of time between the planned arrival time and the original pickup time, and up to 10 minutes from the agreed pickup time in all other cases. Each additional minute of waiting time will be calculated as a flat-rate, according to the hourly booking prices of the particular municipal area as well as the vehicle category.
Hourly bookings contain the hourly rate (per hour) that are stated on the booking form (or by phone). Any additional time are subject to surcharge, and are calculated according to the price per minute of the particular municipal area as well as the vehicle category.
ADDITIONAL INFORMATION ON USE OF AION TOOLS, APPLICATION AND SERVICES
Your participation in using the Service and/or Application is for your personal use and the use of others that have explicitly authorized you. You may not authorize others to use your personal account, and you may not assign or otherwise transfer your user account to any other person or entity. Only corporate account can be accessible to authorized person of particular organization. When using the Application or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Application or Service.
You may only access the Service using authorized means. The AION reserves the right to terminate this Agreement if you use the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you agree that:
You will only use the Service or Application for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
You will not use the Service or Application to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Service or Application in any way whatsoever.
You will not copy, or distribute the Application or other content without written permission from the AION.
You will only use the Application and Service for your own use and will not resell it to a third party.
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
You will provide us with whatever proof of identity we may reasonably request.
You will only use an access point or 3G data account (AP) which you are authorized to use.
You are aware that when requesting transportation services by SMS, standard messaging charges will apply.
You will not use an account that is subject to any rights of a person other than you without appropriate authorization.
You will not use Services or Application with an incompatible or unauthorized device.
AION reserves the right to immediately terminate the Service and use of the Application should not comply with any of above rules.
TRANSPORT SAFETY AND CONSEQUENCES
The Estimate price given in the Booking Confirmation does not includes the excessive luggage. Excess luggage, bulky luggage, or the transportation of animals not stated as an additional comment upon booking could lead to corresponding surcharges; the arrangement fee will also be higher. This is your responsibility to order appropriate vehicle according to the size of luggage.
The TSP reserves the right to refuse the carriage of luggage and/or animals which was/were not agreed to. This also applies to animals which are not contained in a closed and suitable transport box.
CARRIAGE OF CHILDREN
The need for safety seats for children should be requested by you as a special requirements by specifying the number and age of children to be transported as well as the required type of seating.
INFORMATION ON NUMBER OF PASSENGERS AND PIECES OF LUGGAGE
The maximum number of passengers and pieces of luggage specified for a particular vehicle is an estimate based on factors such as size and weight of passengers and luggage. These are therefore not binding.
The TSP can refuse the carriage of passengers or luggage if they believe they compromise the space and safety conditions.
PREVENTION OF CARRIAGE
The TSP reserves the right to refuse carriage if compelling (for example under applicable laws), or not correctly, communicated by you as a special requirements or additional comment. If, due to this, carriage is not possible, this has no influence on the payment of AION through the arrangement agreement with you for the transportation booked.
BEHAVIOR IN THE VEHICLE
The following behavioral standards apply to you when travelling with the TSP:
During the entirety of the ride, all passengers must follow the regulations which apply to the relevant Road Traffic Act, especially the seatbelt regulations. Any instructions given by the TSP must be followed. It is the responsibility of the TSP to ensure a safe ride. It is therefore prohibited for passengers to open the doors while driving, throw any objects from the vehicle, and/or stick body parts out of or shout from the vehicle. If you wishes to use any of the devices or facilities in the vehicle, a brief instruction is required from the TSP.
Smoking and vomiting is prohibited in the vehicle. If you, or any passenger, ignores this, they are liable to pay not only the cost for the cleaning of the vehicle but also compensate the loss of business due to the downtime of the vehicle. The consumption of food is discouraged. Alcoholic drinks are only allowed to be consumed in the car with prior consent.
The use of Application is free of charge. AION reserves the right to change the fees for the Service or Application, as we believe necessary for our business. AION encourage you to check back at our website and mobile applications periodically if you are interested in the AION’s charges for the Service or Application
AION shall charge you for the transportation services provided to you by the TSP. You agree that you will pay for all transportation services you purchase from the TSP, and AION shall charge your credit card account (which is provided by you at the time of registering for the Service) for the transportation services (including any taxes, late fees, road toll, airport parking, as applicable) that may be accrued by or in connection with your account. All fees that AION may charge for transportation services are due immediately. You are responsible for providing AION with a valid credit card account for payment of all fees at all times.
You can pay for your ride by credit cards and cabcharge electronically. Service fee of 5% to 10% applied by bank if you are paying by credit cards or cabcharge. You can pay by cash as well. AION offer a monthly corporate account as well to companies, hotels and individuals. But a 10% administration fee applies. We keep record of all your travelling and send invoicing out on a month by month basis.
AION uses a third-party payment processor to link your credit card account to the Application and Service. The processing of payments or credits, as applicable, in connection with your use of the Application and Service will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Contract. AION is not responsible for any errors by the Payment Processor. In connection with your use of the Service, AION will obtain certain transaction details, which AION will use solely in accordance with its Privacy and Cookie Notice.
All payments, which are already made are non-refundable other than in circumstances in which the AION considers that a refund is justified and you have notified the AION within 48 hours of the booking start time of the relevant trip. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, for any reason whatsoever.
PAYMENT DATES, UNPAID CREDIT CARD AND MONTHLY ACCOUNT INVOICES
For each payment reminder, AION may charge an appropriate penalty fine. And for unpaid credit card debts, AION charges you for the incurred expenses (by bank, Credit Card Company) and reserves the right to assert an appropriate handling fee per incident.
AION provides you with the respective invoice electronically as form of PDF file on their given email address. When paying by credit card, payment is due immediately. When corporate monthly account holders paying by bank transfer, the payment date referred to in the invoice must be kept.
PROMO CODES AND VOUCHERS
AION, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or any contract with the AION.
Promo Codes and Vouchers are only redeemable individually and cannot be combined with other Promo Codes and Vouchers. Promo Codes and Vouchers can only be used on AION Mobile Applications. And Promo Codes and Vouchers are not redeemable for cash.
The information, recommendations and/or services provided to you on or through the Website, the Service and the Application is for general information purposes only and does not constitute advice. AION will reasonably keep the Website and the AION Tools and its contents correct and up to date but does not guarantee that (the contents of) the Website and/or AION Tools are free of errors, defects, malware and viruses or that the Website and/or Application are correct, up to date and accurate.
AION is not liable for the accuracy, reliability, completeness, or timeliness of the free content and programs which are distributed under the name of BL Tools, nor for any damage arising there from, except to the extent that such damages are caused intentionally or by gross negligence by AION. This applies to all kinds of damage, especially damage caused by errors, delays or interruptions in the transmission, or problems with technical equipment and service, incorrect content, omissions, loss or deletion of data, viruses or in any other way due to the use of this online offer. Furthermore, AION is not liable for the availability and efficiency of the features offered.
The quality of the transportation services requested through the use of the Application or the Service is entirely the responsibility of the TSP who ultimately provides such transportation services to you. AION under no circumstance accepts liability in connection with and/or arising from the transportation services provided by the TSP or any acts, action, behavior, conduct, and/or negligence on the part of the TSP. Any complaints about the transportation services provided by the TSP should therefore be submitted to the TSP.
AION shall not be liable for any damages resulting from the use of or inability to use of the Website or AION Tools (Limitation of liability does not apply in the context of an express guarantee of condition and quality, in case of intentional harm to life, body, or health, as well as claims under the Product Liability Act), including damages caused by malware, viruses or any incorrectness or incompleteness of the Information or the Website or Application, unless such damage is the result of any willful misconduct or from gross negligence on the part of AION.
AION further shall not liable for disruptions to the quality of access to the AION Tools due to excess force or due to events which AION is not responsible for, in particular the failure of communication networks and/or gateways. AION makes no guarantee that the website will function uninterrupted or error free, nor that any errors will be corrected.
Without prejudice to the foregoing, and insofar as allowed under mandatory applicable law, AION’ aggregate liability shall in no event exceed an amount of AUD $500 or, where applicable, the equivalent of that amount in the currency used by you for the payment of the transportation services to the Transportation Provide.
CHANGES TO AION TOOLS AND APPLICATION
AION reserves the right to at any time make changes to the AION Tools or Application in a way that is appropriate to you, so as to further develop and improve their quality. In addition, AION reserves the right to, with good cause, temporarily or permanently discontinue its offer through the AION Tools, even without you being informed personally of this.
CONTENT PROTECTION AND RIGHTS TO USE OF AION TOOLS AND APPLICATION
The content contained within the AION Tools have copyright protection.AION grants you the conditional and non-transferable license to download, install and right to use the AION Tools as intended through complying with this contract. Any use beyond this (changes, copies, re-releases, transfers, distribution, or other improper purposes) is prohibited.
You shall not
1- attempt to gain unauthorized access to the Website, the Application or Service or its related systems or networks.
2- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Application.
3- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
4- send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortuous material, including material harmful to children or violative of third party privacy rights;
5- interfere with or disrupt the integrity or performance of the Website, the Application or Service or the data contained therein; or
6- send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
7- sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way;
8- modify or make derivative works based upon the Service or Application;
9- create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device;
10- reverse engineer or access the Application in order to
(a) design or build a competitive product or service,
(b) design or build a product using similar ideas, features, functions or graphics of the Service or Application, or
(c) copy any ideas, features, functions or graphics of the Service or Application, or AION Tools.
THIRD PARTY INTERACTIONS
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. AION does not endorse any sites on the internet that are linked through the Service or Application, and in no event shall AION or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. AION provides the Application and Service to you pursuant to the terms and conditions of this Contract. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and AION disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
AION may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. AION reserves the right to charge you a higher fee for the Service or Application should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on AION’s website located at http://www.taxitowncars.com.au. AION may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
All contents of the AION Tools and Application are: Copyright 2010 AION and/or its suppliers. All rights reserved.
AION respects copyright law and expects you to do the same. AION will terminate inappropriate circumstances you or other account holders who violate or are believed to be violating the rights of copyright holders.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE OF COPYRIGHT INFRINGEMENT
Unless otherwise indicated, copyright in all information and other materials on Application and AION Tools (including information and its arrangement) is owned by or licensed to AION. All rights are reserved. Except as permitted under the Copyright Act 1968 or other applicable laws, AION Tools or any portion of AION Tools may not be reproduced, modified, distributed, displayed, transmitted or otherwise exploited for any commercial purpose that is not expressly permitted by AION. You may imprint, copy, download or temporarily store extracts from AION Tools for your personal information or when you use our products and services. You must not alter anything. In particular you may not use a part of AION Tools on any other website, or link any other website to AION Tools, without our prior written permission.
Nothing contained on AION Tools should be construed as granting any license or right of use of any trade mark displayed on any site without the express written permission of AION.
CONDUCT OF USERS
By entering into this Agreement or using the Application or the Service you agree that (1) you will not misuse any car, use any car for any illegal purpose, engage in any illegal activities (such as sexual acts, drinking alcohol, smoking or carrying any kind of drugs of narcotics) in any car; and (2) you will comply with the laws of the Australia (whichever is applicable). You will be solely responsible for any failure to comply with this provision.
DISCLAIMER OF WARRANTIES
AION makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or application or any vehicle or driver required to be provided in connection with the service or application.
AION does not represent or warrant that
(a) the use of the service or application will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data,
(b) the service or application will meet your requirements or expectations,
(c) any stored data will be accurate or reliable,
(d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations,
(e) errors or defects in the service or application will be corrected, or the service or the server
(f) that make the service available are free of viruses or other harmful components. The service and application is provided to you strictly on an “as is” basis.
All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The company makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or application. You acknowledge and agree that the entire risk arising out of your use of the application and service, and any third party services or products remains solely with you, to the maximum extent permitted by law.
By entering into this Contract and using the AION Tools, Application or Service, you agree that you shall defend, indemnify and hold AION, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement; (b) your violation of any rights of any third party, including any providers of transportation services, or (c) your use or misuse of the Application or Service.
TERMINATION OF CONTRACT
The Contract between AION and you is concluded for an indefinite period. You are entitled to terminate the Contract at all times by permanent deletion of the Application installed on your smart phone, thus disabling the use by you of the Application and the Service. You can close your user account at any time by deleting it from any AION Tools.
And AION is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Application and the Service) if you: (a) violate or breach any term of this contract, or (b) in the opinion of AION, misuse AION Tools, the Application or the Service. AION is not obliged to give notice of the termination of the Contract in advance.
MODIFICATION OF THE CONTRACT AND THE SERVICES
AION reserves the right to change, or replace any part of this contract, suspend or discontinue the Service or Application at any time, effective from the time of posting of an updated version of this Contract at AION website, the Application or through the Service. You are responsible for regularly reviewing this Contract. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
The invalidity of any term of this Contract shall not affect the validity of the other provisions of this Contract.
If any provisions of this Contract prove invalid, unacceptable, or contain loopholes, the remaining provisions remain in effect. The parties are obliged to replace the invalid, illegal, or unenforceable provisions with ones that come closest to the meaning and economic purpose and the intent of the parties.
CHOICE OF LAW AND DISPUTE RESOLUTION
For all legal relationships between AION and you (the User) the laws of Australia will be applicable to domestic business is effective. Any dispute, claim or controversy arising out of or relating to this Contract or the breach, termination, enforcement, interpretation or validity thereof or the use of the AION Tools, the Service or the Application will be settled exclusively by the competent court in Melbourne, Australia, unless you demand settlement of the dispute, claim or controversy at hand before the relevant court competent by law. And legally binding jurisdictions remain unaffected.
ASSIGNMENT AND ENTIRETY
You may not assign your rights under this Contract without prior written approval of AION. And the assignment of your claims from the contractual relationship against third parties without the written consent of AION is excluded.
You may only offset against undisputed or legally determined counterclaims against AION. This also applies to your (the User’s) notice of defects.
This Contract (These Terms) is the entire agreement between AION and you (The User) for the Service and the Application. Subsidiary agreements do not exist. Changes and additions to this agreement must be in written form, digital form is not sufficient; the same applies to changes or additions to this written-form requirement.