Drone/RPAS Terms and Conditions

19/09/2019

​TERMS AND CONDITIONS FOR ALL RPAS / DRONE / UAV FLIGHTS

DEFINITIONS:

"End User" is the person or entity to receive data or files as the result of a mission. A Client may also be an End User in some circumstances.

"Client" is defined as the person or entity that engages Kaluta and/or software provided by Kaluta.

"Software" is the collective term for the cloud based service "Drone Deploy" and any associated servers and computer programs.

"Hardware" is any tangible equipment used in a flight or mission including Remotely Piloted Aerial Systems, associated controllers, cameras and other equipment used during, before or after a flight.

"Flight" is the part of a project defined as beginning the moment the motors of the RPAS are engaged to the moment the motors of the RPAS are disengaged.

"Mission" is the part of a project starting at the arrival of Kaluta to the site to the time Kaluta is no longer present on the site.

"Project" is the entire period of Kaluta's engagement with a Client for a particular purpose.

"RPAS" is the Remotely Piloted Aerial System.

"Drone" is synonymous with "RPAS".

"UAV" is synonymous with "RPAS".

(1) LIMITED LIABILITY

(1.1) Kaluta makes no warranty in regard to the accuracy of the Data or Imagery as the Software calculates all data automatically once uploaded by the RPAS Operator.

​(1.2) Data, including Imagery are provided to the end user for the purpose of making informed decisions without warranty. Interpretation of the Data and Imagery is the responsibility of the End User, a person or other entity nominated by the End User.

(1.3) Kaluta will not be providing recommendations on the Data or Imagery and will not be held accountable for any errors made by the Software, any Hardware or the End User or any representatives of the End User.

(1.4) Kaluta will not be held responsible for trespass by the public onto the mission site.

(1.5) The Client agrees to adhere to all warnings issued by Kaluta before, during or after a mission

(2) LIMITATIONS FOR MAPPING/MODELLING

The generation of a map is subject to:

(2.1) Limitations in resolution due to:

   (2.1.1) Height above the surface to be mapped;

   (2.1.2) Resolution of the camera used in collecting the data;

   (2.1.3) Limitations of the Software;

   (2.1.4) Density of trees and other obstructions.

(2.2) Kaluta takes no responsibility for the length of time required by the Software to process a map as processing times are determined by the load on a remote server

(2.3) Kaluta will, as soon as reasonably practical - upload all data to the Software server for processing.

(2.4) Missions will take into account the height of any obstructions by ensuring:

   (2.4.1) Each individual map or photogrammetry flight is set at only one altitude above takeoff level by default.

   (2.4.2) Minimum flight altitude for any mapping is to be set at a clearance above any obstructions within the mapping area that will be defined as having a risk that is "as low as reasonably practical".

(3) FLIGHT SUITABILITY

(3.1) Suitability of the mission will be subject to all Federal, State and Local laws and the concerns of any landholders or other stakeholders. No flight may occur until:

   (3.1.1) Job Safety Analyses have been completed and;

   (3.1.2) The resultant risk is deemed "As Low As Reasonably Practicable". 

(3.2) The Client shall be informed of any known changes or requirements as they become known to Kaluta.

(3.3) Unexpected or unplanned inclement weather conditions may cause a flight to be grounded. Kaluta will not be held accountable for any flights that are cancelled due to weather concerns. These may include but are not limited to:

   (3.3.1) Wind with gusts over 10 metres per second,

   (3.3.2) Rain falling;

   (3.3.3) Snow falling;

   (3.3.4) Visibility under 5km;

   (3.3.5) Bush Fire within 3NM;

   (3.3.6) Rapidly rotating winds that may be close enough to cause an unacceptable risk such as "tornadoes" and "willy willies".

(3.4) Kaluta will not initiate a flight in conditions that are not permitted in its operating manual or operating procedures library.

(3.5) Other dangers or unexpected issues not related to weather may cause a delay or cancellation of a flight that may include but are not limited to:

   (3.5.1) Aggressive or defensive birds that may affect the flight;

   (3.5.2) Unexpected entry of persons or vehicles into the flight area;

   (3.5.3) Other users of the airspace;

   (3.5.4) Other considerations relating to animal ethics.

(4) DELIVERY AND SECURITY OF DATA AND/OR FILES

(4.1) Data and Imagery will be provided for download to the End User by Kaluta via a portal provided by the Software. Kaluta takes no responsibility for the size of the download.

(4.2) Security of the data held on the servers of the Software Provider is outside the control of Kaluta and therefore Kaluta cannot be held liable for damages related to Data including files held on the servers of the Software Provider.

(4.3) Kaluta has taken all reasonable measures to ensure the risk of malware presence or infection is as low as reasonably practicable and Kaluta offers no guarantee of absolute safety from malware. As such, Clients and End Users are advised to employ and maintain up to date antivirus and anti malware software on their systems.

(4.4) Kaluta will, if requested give advice on the use of the Software to the End User without providing any warranty on the results of the advice.

(4.5) Use of the cloud based Software service by Kaluta or the End User is governed by the terms and conditions of the Software service.

(5) APPROVALS

(5.1) If unpaid or not managed by the End User, additional fees agreed to prior to the commencement of a Mission will apply for:

   (5.1.1) Area Approvals from CASA to fly in Restricted Airspace

   (5.1.2) Approvals for flights that incur any access fees

   (5.1.3) All other approvals specific to a location

   (5.1.4) As acquiring approvals may require time and resources to be used by Kaluta to compile data as part of the approval appplication process, a fee known as an "Administration Fee" may be applied to approvals. Administration Fees are not considered refundable unless Kaluta has been negligent.

​(5.2) Other than Ethics Approvals provided by Kaluta, it is the sole duty of the End User to provide project specific approvals if required:

   (5.2.1) under State or;

   (5.2.2) Federal legislation;

   (5.2.3) or other conditions as requested by Kaluta to be provided by the Client.

(5.3) The End User is fully responsible for:

   (5.3.1) the interpretation,

   (5.3.2) liability, 

   (5.3.3) and adherence to those conditions required in any permits and/or approvals provided by the End User.

(5.4) All fees paid to any third party for access or approval by Kaluta are considered non-refundable whether approval is granted or otherwise. 

(5.5) The Client is aware that an approval may not be granted if deemed unsafe, unlawful or unable to be approved for any other reason by a third party, including a Government Agency. Application fees to be refunded are at the sole discretion of an Agency or third party. If these application fees are to be refunded, Kaluta may in turn refund these to the Client minus the initial administration fee, if such a fee is applicable.

(5.6) No charges or fees will apply without prior consultation with the Client.

(6) SAFETY

(6.1) The Client agrees to adhere to all safety directions issued by Kaluta or its nominated representative(s).

(6.2) The Client agrees that if a flight or mission is deemed to be unsafe it may be cancelled:

   (6.2.1) Until further notice or,

   (6.2.2) Outright.

(6.3) The Client agrees that if a flight or mission is cancelled as a result of Kaluta being provided with misleading or false information relating to safety that all refunds may be forfeited at the sole discretion of Kaluta.

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info@kaluta.com.au