Terms and Conditions Alpha Jet Services Ltd.
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1 Terms and Conditions Alpha Jet Services Ltd. Sofia General and Applicability 1.1. This website, database and the services available through or provided on or in connection with this site (the Services ) are operated by Alpha Jet Services Ltd. ( Alpha Jet ). Its corporate details are: Alpha Jet Services Limited 21 Shipka Str Sofia Bulgaria Company Registration Number: VAT: BG The following terms and conditions apply exclusively to your access to and use of this website, including without limitation the features, products and Services and also to other business relations between the User and Alpha Jet without a written placing of order or other services. For the avoidance of doubt, these terms and conditions apply whatever device you use to access our website or our services. Because of that, these terms and conditions are by mutual agreement part of any legal contract between any User of this website, database or Services and Alpha Jet and apply also to any future business relations. By accessing, browsing, and using this website, database or the Services of Alpha Jet you acknowledge having read, understood and hereby agree to be bound by these terms and conditions described herein, as modified or amended from time to time. In case you do not agree to these terms and conditions, do not use this website or our Services Other terms and conditions are not effective as far as they are opposed to these following terms and conditions Alpha Jet reserves the right to change or modify any of these terms and conditions of the website, at any time and in its sole discretion. The date such document was last updated will be indicated at the top of the terms and conditions. Any changes or modification will be effective immediately upon posting of the revisions on the site and you expressly agree to waive any notice of such changes. Your continued use of the site or Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you agree to review the terms and conditions whenever you use the site or the Services in order to determine whether such terms have changed and to understand the terms and conditions that apply to your use of the site and the Services. If you do not agree to the amended terms, you must stop using the site and the Services. 2. Flight Plan Service 2.1. Reasonable precautions have been exercised in establishing this website or database in order to prevent unauthorized use or tampering with your customer files. In order to gain access to the
2 flight plan service of Alpha Jet through this website and database, you will need to register and identify yourself. You agree to provide accurate, current and complete information about you and to maintain the security of your password and identification. You must not use any false information, or impersonate any third party You are entirely responsible for any and all activities that occur under your account. Any password that will be provided to you by Alpha Jet (or that you choose) is confidential. You must not share your login name or password with anyone else and Alpha Jet is entitled to treat anyone that uses your credentials as if they were you. You agree to notify Alpha Jet immediately of any unauthorized use of your account or any other breach of security. Alpha Jet will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, or someone's otherwise unauthorized use of your account and/or account information For initial registration in the system of Alpha Jet (of any certified airplane or helicopter) a minimum of seven (7) day preparation term from the date Alpha Jet receive the last requested document is required. A one-time setup fee of for each individual aircraft registered will also be charged. Alpha Jet can provide flight plan services with a minimum of one hour prior notice. Note: Over-fly and Landing Permits in some countries require up to five (5) days notification prior to application (if requested, the approval of the Over-fly and the Landing Permits are subject to the requirements of the Civil Aviation Authority of each particular country). When requesting a flight plan you must be sure to provide correct and accurate answers to all our questions. If you do not, then the resultant flight plan may well possibly be incorrect. Alpha Jet uses its best efforts to calculate your flight plan based on a database of known prior good routes and aviation industry standard methods of calculation. Alpha Jet do not guarantee that any flight plan is correct though you should always check this yourself. In any case, the Commander of the flight is responsible for the final approval of each individual flight plan. Warning: The calculated flight plans are valid as of the date they are issued by Alpha Jet. It is thereafter your responsibility to ensure that you have the most current flight plan prior to the use of its information. The Commander (Captain) of the flight is responsible to check and accept all the data containing in the flight plan and in the flight briefing. 3. Our Content and links to third-party sites 3.1. Alpha Jet does its best to ensure that all content that you access on this website is free from any abusive, illegal, adult, overly violent or otherwise unsuitable material or material that infringes any copyright or other intellectual property and free from any defamatory, misrepresentative and/ or misleading statements. However, Alpha Jet do not guarantee in any way, that all of the content on this website is free of such material. Furthermore, there may, in the future, be parts of this website that invite your participation and Alpha Jet do not have any up-front control over the resultant content. If you have a concern about any of content on our site you must inform Alpha Jet via our abuse process This site or database may contain links to third-party sites. The linked sites are not under the control of Alpha Jet, and Alpha Jet is not responsible in any way for the contents of any linked
3 site, any link contained in a linked site, any changes or uploads to such linked sites, or any transmission from any linked site. You follow any link at your own risk. Alpha Jet provides these links to third-party sites only as a convenience, and the inclusion of any link does not imply endorsement of services or products of this other site. 4. User Contributed Content 4.1. By using this site or the Services you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this site or the Services any content that is commercial in nature, e.g. selling anything on this site. You also agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this site or the Services any content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, unsolicited promotions, political campaigning, advertising or solicitations, private information of any third party, including, without limitation, addresses, phone numbers, addresses, viruses, corrupted data or other harmful, disruptive or destructive files In respect of any content that you do submit, you hereby grant Alpha Jet a perpetual royalty and premium free, irrevocable and fully sublicensable license to use all such content for all purposes that this site and the Services may require (both at the time of posting and any enhancement thereof, whether foreseeable or not) anywhere and everywhere in the world and to republish, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and permit the republication of such content anywhere else on the internet and/or in print publications and/or similar Although Alpha Jet has no obligation to screen, edit or monitor any of the user content posted, Alpha Jet reserves the right, and has absolute discretion, to screen, edit or monitor any user content posted or stored on this site within the control of Alpha Jet at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any user content you post or store on this site at your sole cost and expense. Alpha Jet may also use a third party to perform such screening, editing or monitoring Any use of the site or Services in violation of these terms and conditions may result in, among other things, termination or suspension of your rights to use site or Services. 5. Permitted Use 5.1. You may visit and use this site (and feeds) for non-commercial purposes only Without the prior written consent of Alpha Jet, you may not use or attempt to use any systemic method to copy the content of this site so as to create a database in electronic or paper form comprising in whole or in part this content, to copy any of this content for the purposes of republishing it, to modify or adapt or derive other works from this content, to scan, spider or index our content in a manner inconsistent with good industry practice or so as to place an unreasonable burden or load on the webservers and other technical infrastructure from which the systems of Alpha Jet are operated In case you are not acting in accordance with these terms and conditions, Alpha Jet may suspend or terminate your access to the interactive elements of this site and/or block you from this site altogether.
4 6. Payment Terms 6.1. Alpha Jet issues a consolidated invoice for (single or multiple) flight plan services provided over a fourteen (14) calendar day period. Each consolidated invoice covering this term is payable within a term of seven (7) calendar days from the date of issue of the invoice Failure to make payment within the seven (7) calendar day timeframe will result in additional penalty charges in the amount of 0.07% of the invoiced amount per day of delay in payment. 7. Disclaimer of Warranty and Exclusion of liability 7.1. Alpha Jet does not guarantee in any way that this website will remain as it is nor will be available at any particular time. Nothing in the content of this site constitutes advice of any sort. You should not rely on any information that you find on this website without externally verifying it with a reliable third-party source. The flight plans are calculated based on a database of known prior good routes and aviation industry standard methods of calculation. Alpha Jet does not guarantee that they are correct. All the content of this site is provided on an as-is basis. You acknowledge that the website and/or database are licensed for use by you as a convenience for you in communicating with Alpha Jet. You assume total responsibility and risk for your use of the database and website and your use of the internet Alpha Jet hereby disclaims to the maximum extent allowed by law all warranties, undertakings of any kind, representations and conditions, statutory or otherwise, expressed or implied, including, but not limited to, any implied warranty of satisfactory, quality, conformity, accuracy, adequacy, merchantability or fitness for any particular purpose with regard to any merchandise information or service provided through the website, its content and/ or informational database. No oral or written information, guidelines or advice given by Alpha Jet or its authorized representative will create a warranty By using this site or the Services you agree, that, to the extent not prohibited by law, Alpha Jet shall in no event be liable for any direct, special, incidental, indirect or consequential, exemplary or punitive damages of any kind or any damages whatsoever, however caused, whether or not advised of the possibility of damage and on any theory of liability arising out of or in connection with the use or performance of this information, resulting from loss of use, data or profits, reproduction or recovery of data or information, business interruption, inability to use the site or the services, the User content, mistakes, obmissions, interruptions, deletion of profiles or messages, failures to provide or errors or omissions in any requested fliht planning or other notices or Services, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, or destruction or unauthorized access to Alpha Jets records or Services If a court of competent jurisdiction determines that applicable law implies warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on Alpha Jets liability set forth in this section will apply to the fullest extent permitted by law. 8. Indemnification
5 8.1. You shall indemnify and hold harmless Alpha Jet, its licensors, contractors, subcontractors, agents, service and data providers, advertisers and consultants, from and against all claims and liabilities (including claims by third parties), costs and expenses (including without limitation legal expenses) incident thereto or incident to successfully establishing the right to indemnification, for injury to or death of any person or persons, including your employees but not employees of Alpha Jet, or for loss of or damage to any property, including without limitation any vessel or aircraft, arising direct or indirect out of or in any way relating to your use of or inability to use this site or the Services, any breach of these terms and conditions by you, your fault, your negligence or breach of statutory duty, any user content you create, post, store or transmit on or through the site or any other things provided to or accessed by you via the site, whether or not arising in strict liability or tort or occasioned by the negligence of Alpha Jet Your obligations under this indemnity will survive the termination or cancellation of your account or of your use of the site or Services. 9. Your privacy Alpha Jet may elect to electronically monitor your use and access to this site and the Services and may disclose its findings or records about how you browse this site and view its content to satisfy any law, regulation or government request or to protect the rights or property of Alpha Jet, its users, providers or licencors. Certain parts of our site may require you to identify yourself. 10. Governing Law and Jurisdiction These terms and conditions, the use of this website or database and the services of Alpha Jet, as well as any other business relation and agreement between any user of this website, database or services and Alpha Jet shall be construed and governed by the Laws of the Federal Republic of Germany, without recourse to choice of law statutes or principles that would otherwise result in the application of the law of any other jurisdiction By using this site or the Services you agree, that the venue for any action at law or dispute arising out of or in connection with these terms and conditions, the use of this website or database and the Services of Alpha Jet or any other business relation and agreement between any User of this website, database or Services and Alpha Jet shall be filed only in the courts located in the city and county of Nuremberg, Bavaria/Germany and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these German courts The Legal representatives of Alpha Jet Services Ltd. are based in Nuremberg, Bavaria, Germany and we are represented by Mrs. Marion Tragalou or any person that she has legally authorized to do so. 11. Severability Clause and Miscellaneous If any provision of these terms and conditions is deemed or become unlawful, invalid, void or for any reason unenforceable under any applicable law, the other provisions shall nevertheless remain valid to the extent that the remaining provisions are capable of standing without the provision ruled invalid Users may not use this website or database to send unsolicited advertising, promotional material or other forms of solicitation to other Users.
6 11.3. Alpha Jet may terminate User access, or suspend any User's access to all or part of this website or database or block or prevent future access to and use of this site or Services without notice, for any conduct that Alpha Jet, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User or licensor. Upon termination for whatever reason, your right to use or possess any information obtained from the website or database will immediately terminate Any consent, notice or report required or permitted to be given or made under this terms and conditions by one party to the other party or any additional or deviating term shall be in writing Failure to enforce any of the provisions of this terms and conditions will not be construed as a waiver of such provisions Once you download an item from the site, it is your responsibility not to lose, destroy, or damage it and to back up your electronic files. All data charges from your Internet provider or data carrier are your responsibility. Certain electronic products and services require compatible devices, Internet access, and certain software (fees may apply), may require periodic updates and may be affected by the performance of these factors. High-speed Internet access is strongly recommended. You agree that meeting these requirements is your responsibility You are granted a non-sublicensable, non-transferable, non-exclusive, license to access and use this site and the Services for your non-commercial and personal internal use only. This license is revocable at any time.
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