This is an agreement (“Agreement”) between the User (“User”) and The Aircraft Value Analysis Company Limited, owner of the materials (“AVAC”) governing the use of the Aircraft Values Basic (“Materials”) to be accessed and downloaded.
Terms & Conditions
Acceptance of this Agreement
By downloading or otherwise accessing the Materials, User represents his/her acceptance of the terms of this Agreement.
Modification of this Agreement
AVAC may propose to modify the terms of this Agreement at any time, however any such proposed modifications will be subject to the approval (not to be unreasonably withheld) of the User. Any modifications will supersede any previous terms that were in effect at the time of the User’s download.
Use of the Materials
Use of the Materials include but are not limited to viewing parts or the whole of the content included in the Materials; comparing data or content from the Materials with data or content in other Materials; verifying research results with the content included in the Materials; and extracting and/or appropriating any part of the content included in the Materials for use in other projects, publications, research, or other related work products.
Representations
In Use of the Materials, User represents that:
- User is not bound by any pre-existing legal obligations or other applicable laws that prevent User from downloading or using the Materials;
- User will not use the Materials in any way prohibited by applicable laws;
- User has no knowledge of and will therefore not be responsible for any restrictions regarding the use of Materials beyond what is described in this Agreement; and
- User has no knowledge of and will therefore not be responsible for any inaccuracies and any other such problems with regards to the content of the Materials and the accompanying citation information.
- User will not resell or repackage for distribution and consequential onward sale the content of the Material in its original form in part or in full.
Representations and Warranties
AVAC REPRESENTS THAT AVAC HAS ALL RIGHTS REQUIRED TO MAKE AVAILABLE AND DISTRIBUTE THE MATERIALS. EXCEPT FOR SUCH REPRESENTATION, THE MATERIALS IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
WITHOUT LIMITING THE FOREGOING, AVAC DOES NOT WARRANT THAT: (A) THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE MATERIALS FILES WILL BE SECURE ; (C) THE MATERIALS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) THE MATERIALS AND ACCOMPANYING FILES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE MATERIALS WILL MEET USER’S REQUIREMENTS. USER’S USE OF THE MATERIALS IS SOLELY AT USER’S OWN RISK.
Notwithstanding the foregoing, in relation to (A), (B), (C), (D), and (E) above, in the event that any, inaccuracy, unavailability, defect, error, viruses or the like are identified by the User, then AVAC shall use its best endeavours to rectify such inaccuracy, unavailability, defect, error, viruses or the like as soon as practicable assuming that any such identified issues are reasonable and their rectification feasible.
AVAC Limitation of Liability
IN NO EVENT SHALL AVAC BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE MATERIALS (I) FOR ANY DIRECT DAMAGES, OR (II) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
User Liability
User will be liable to AVAC for any and all loss, cost, expense, liability, or damage arising from the i) User’s misuse of the Materials; (ii) User’s violation of the terms of this Agreement; or (iii) infringement by User or any third party of any intellectual property or other right of any person or entity contained in the Materials. Such losses, costs, expenses, damages, or liabilities shall be for direct damages and not for special and consequential damages.
Dispute Resolution
User and AVAC agree that any cause of action arising out of or related to the download or use of the Materials must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
This Agreement shall be governed by and interpreted in accordance with the laws of the England (excluding the conflict of laws rules thereof). All disputes under this Agreement will be resolved in the applicable courts of England. User consents to the jurisdiction of such courts and waives any jurisdictional or venue defences otherwise available.
Integration and Severability
This Agreement represents the entire agreement between User and AVAC with respect to the downloading and use of the Materials, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between User and AVAC with respect to downloading or using the Materials. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Agreement will otherwise remain in full force and effect and enforceable.
Miscellaneous
AVAC may assign, transfer or delegate any data provisions, rights and obligations hereunder without consent provided that any such assignment, transfer or delegation shall not adversely affect the User’s rights hereunder or increase the User’s obligations hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and neither party has any authority of any kind to bind the other in any respect outside of the terms described within this Agreement. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover costs and legal fees.
Anti-Corruption Clause
The Parties shall not commit, authorize or permit any action in connection with the negotiation, conclusion or the performance of this Agreement which would cause the Parties and/or the Parties’ affiliates to be in violation of any applicable anti-corruption or anti-bribery laws or regulations. This obligation applies in particular to illegitimate payments including facilitation payments to government officials, representatives of public authorities or their associates, families or close friends. Each Party agrees that it will not either offer, or give, or agree to give, to any employee, representative or third party acting on behalf of the other Party or accept, or agree to accept from any employee, representative or third party acting on behalf of the other Party, any undue gift or benefit, be it monetary or other, with regard to the negotiation, conclusion or the performance of this Agreement. Each Party shall promptly notify the other Party, if it becomes aware of or has specific suspicion of any corruption with regard to the negotiation, conclusion or the performance of this Agreement.
Protection of Personal Data
The Client and the Service Provider agree to comply with the provisions of all applicable laws and regulations relating to the processing of personal data, in particular the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”), as well as sector-specific laws and applicable guidance and codes of practice issued by supervisory authorities. Each Party is responsible for ensuring that it is authorized with respect to its employees and subcontractors to provide their data and to permit the processing of such data for the respective purpose, in particular for the provision of the Services. This includes, as the case may be, notifying relevant individuals in accordance with applicable data protection law and where necessary obtaining consent.