By logging on to myControl.aero from AVIONIS GMBH, users accept the following General Terms and Conditions (hereinafter the “GTC”) for using Services from AVIONIS GMBH.
AVIONIS GMBH (AVIONIS) operates services under various top-level domains (avionis.ch, mycontrol.aero, etc.), as well as various sub-domains and aliases of these domains. All websites on which AVIONIS provides AVIONIS Services are hereinafter referred to as “AVIONIS Websites.”
These GTC shall govern the contract relationship between the User and AVIONIS, irrespective of which AVIONIS Website the User is registered with or logged on to.
The User enters into this agreement on the use of AVIONIS Services with AVIONIS GmbH, unter der Egg 5, 6004 Luzern.
The User can call up, print out, download and or save these General Terms and Conditions at any time, even after the agreement has been closed, under the “Terms & Conditions” link that appears on all AVIONIS Websites.
1. Subject Matter
1.1 The AVIONIS Websites offer registered users an online portal to log and manage flights.
1.2 Details about the applicable fees for the Membership are set forth on the AVIONIS Websites. The fees listed are binding. Payment can be made using the various Pay Pal options. If AVIONIS is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs. AVIONIS may deliver invoices and payment reminders to the User by email.
1.3 Any use of the services and contents offered on the AVIONIS Websites beyond the scope of options provided by AVIONIS requires the prior written consent of AVIONIS.
1.4 AVIONIS shall only make data and/or information provided by the User available for other uses provided that this data and/or information does not violate any laws or these GTC. AVIONIS is entitled to remove any illegal or prohibited data and/or information from AVIONIS Websites without prior notice to the User.
1.5 The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the AVIONIS Websites. AVIONIS shall nonetheless endeavour to keep AVIONIS Websites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond AVIONIS's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on AVIONIS Websites.
2. Registration, and Representations and Warranties upon Registration
2.1 The User must register prior to using any of the services on the AVIONIS Websites.
2.2 The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to AVIONIS without undue delay.
The User shall not use pseudonyms or pen names.
2.3 The User warrants and represents that he or she is of legal age at the time of registration.
2.4 The User shall choose a password upon registration. The User is obliged to keep this password secret. AVIONIS shall not disclose the password to any third party and AVIONIS shall not ask for the User's password at any time.
2.5 By completing the registration process, the User consents to enter the agreement to use the services of the AVIONIS Websites. AVIONIS accepts this offer by activating the membership for the use of services on AVIONIS Websites. The agreement takes effect with the aforementioned acceptance by AVIONIS.
2.6 Each User is entitled to register with AVIONIS only once, and the User may only establish one (1) user profile.
3. Obligations of the User
3.1 The User is obliged,
3.1.1 To take the full responsibility of his actions. The users is responsable that he is in line with other regulations.
3.1.2 To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not use any insulting or defamatory contents, regardless of whether said contents are directed at another user or AVIONIS personnel or other companies.
Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors.
Unreasonably annoy (particularly with spam) any other user.
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.
3.2 The User is prohibited from the following:
Employing any mechanisms, software or scripts when using AVIONIS Websites. However, the User may use the interfaces or software provided by AVIONIS within the scope of the services available on the AVIONIS Websites.
Blocking, overwriting, modifying and copying of any contents of the AVIONIS Websites, unless said actions are necessary for the proper use of the services on the AVIONIS Websites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
Distributing or publicly disclosing the contents of any of the Websites of AVIONIS or any other user.
Performing any actions which may impair the operability of AVIONIS's infrastructure, particularly actions which may overload said infrastructure.
4. Changes to the Services on AVIONIS Websites
AVIONIS reserves the right to modify the services offered on the AVIONIS Websites and/or to offer services different from those offered at the time of the User's registration at any time, unless this is unreasonable for the User.
5. Term and Termination of Membership, Reimbursement of Advance Payments
5.1 Membership shall run for the period selected by the user when purchasing the membership. After this term, the membership will be extended by a term of the same length as the original term, unless terminated in due time by the User or AVIONIS. The User and AVIONIS may each terminate without cause Premium membership to the end of the initial term chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum term expires, by giving notice of fourteen (14) business days. The User may deliver notice of termination using the contact form available on all AVIONIS Websites. Furthermore, both the User and AVIONIS may deliver termination by sending a fax or letter. The termination notice shall include the username of the User and an email address of the User registered on the AVIONIS Websites.
5.3 A good cause is defined as an event which makes it unacceptable for AVIONIS to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of AVIONIS against the User's.
5.4 In the event of a good cause in accordance with section 5.3 and notwithstanding AVIONIS's right to terminate the contract in accordance with section 6.3, AVIONIS is entitled to:
Delete the contents posted by the User
Issue a warning, or
Block the User's access to the services on the AVIONIS Websites.
5.5 In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:
If AVIONIS has terminated the contract for good cause pursuant to section 5.3,
If AVIONIS has blocked the User’s access in accordance with section 5.4, or
If the User has terminated the agreement. However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to AVIONIS.
6. Responsibility for the User’s Content, Data or other Information
7.1 AVIONIS does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the AVIONIS Websites or on any external websites linked to them. In particular, AVIONIS does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.
7. Customer Service/Support
Queries regarding agreement with AVIONIS or regarding AVIONIS Services can be sent by the customer to AVIONIS using the contact form available at all times on all AVIONIS Websites, or by sending a fax or letter.
8. Liability of AVIONIS
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against AVIONIS (including its vicarious agents) shall exist only if AVIONIS breaches a basic/cardinal obligation under this agreement. A cardinal obligation is an obligation the User can expect to be met, and which fulfillment is a prerequisite to the ordinary execution of the contract. In this event, the amount of claims are limited to typical and foreseeable damages.
9.1 The User shall indemnify and exempt AVIONIS from all actions, including damage claims, asserted by other users or third parties against AVIONIS resulting from an infringement of their rights by the contents posted by the User on AVIONIS Websites. Furthermore, the User shall indemnify and exempt AVIONIS from all actions, including damage claims, asserted by other users or third parties against AVIONIS resulting from an infringement of their rights regarding the use of the services on AVIONIS Websites by the User. The User assumes all reasonable costs AVIONIS incurs due to an infringement of third party rights, including all reasonable legal defense costs. All other rights, including damage claims by AVIONIS, are hereby unaffected. The User has the right to prove that AVIONIS incurred lesser charges than claims made.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
9.2 In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at AVIONIS's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of AVIONIS Websites, the User shall discontinue such use that violates these General Terms and Conditions and the law, if so requested by AVIONIS.
10. Data Protection
AVIONIS recognizes that any data provided by the User to AVIONIS is extremely important to the User, and AVIONIS shall therefore be particularly sensitive in handling such data. AVIONIS shall comply with all applicable legal provisions regarding data protection. In particular, AVIONIS shall not provide or otherwise disclose any personal data of the User to any third party without authorization.
11. Final Provisions
11.1 These GTC and any amendments thereto must be in writing to be valid. No secondary agreements exist.
11.2 AVIONIS reserves the right to amend these GTC at any time, without giving reasons, unless an amendment is unreasonable to the User. AVIONIS shall give due notice of any amendments of these GTC to the User. If the User does not object to the applicability of the revised GTC within six (6) weeks after receipt of said notice, the amended GTC shall be deemed to be accepted by the User. AVIONIS shall inform the User about the User's right to object and of the relevance of the objection deadline in said notice.
11.3 Unless otherwise stated in these GTC, the User may submit all notices to AVIONIS using the contact form provided on each of the AVIONIS Websites, or by letter or fax. AVIONIS may send notices to the User by email, fax or post to the addresses given in the User’s current contact data in his or her user account.
11.4 If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
11.5 The place of performance under these GTC shall be AVIONIS's main place of business.
11.6 Place of jurisdiction for merchants within the scope of the Swiss Commercial Code (OR) shall be the main place of business of AVIONIS.
11.7 These GTC and the contractual relationship shall be governed by Swiss Law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by Swiss Law.
Luzern, 1.Mai 2010