Website Terms of Use
1 About our terms and conditions
1.1 These terms and conditions of use explain how you may use this website (the “Site”).
1.2 References in these terms and conditions to the Site are to the website elms-aviation.com and all associated web pages or any other website advised by us to you.
1.3 You should read these terms and conditions carefully before using the Site.
1.4 By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms and conditions and the documents referred to in them.
1.5 If you do not agree with or accept any of these terms and conditions, you should stop using the Site
1.6 If you have any questions about the Site, please contact us at ELMS Aviation Limited, Unit 1, Exeter International Office Park, Devon, EX5 2HL, United Kingdom, or by email info@elms-aviation.com.
1.7 elms-aviation.com is owned by CERTA360 Limited and its use is licenced to ELMS Aviation Limited.
1.8 Definitions:
Content: means any text, images, video, audio or other multimedia content, software or other information on or material submitted to or on the Site;
ELMS Application: means the software applications and platforms (accessible from the Site) which allow information and statistics for and about persons involved in the aviation industry to be uploaded, viewed, analysed and updated;
Unwanted Submission: has the meaning given to it in clause 1;
Website cookie policy: means the policy, which governs how we use cookies in the Site;
Website privacy policy: means the policy, which governs how we process any personal data collected from you;
Website terms and conditions of supply means the terms and conditions which apply to you when (as the case may be):
(a) ordering goods; and/or
(b) requesting and/or subscribing to and/or otherwise using services, from the Site or accessible from the Site and include, for the avoidance of doubt, all the terms and conditions applicable to the use of the ELMS Application;
We, us or our means ELMS Aviation Limited (registered in England with company number 09436348 and with its registered office at c/o Francis Clark LLP, North Quay House, Sutton Harbour, Plymouth, PL4 0RA) trading as ELMS Aviation.
References to us in these terms and conditions also includes our group companies from time to time.
You or your means the person accessing or using the Site or its Content.
1.9 Your use of the Site means that you must also comply with ourWebsite cookie policy, Website privacy policy and, where applicable, ourWebsite terms and conditions of supply and by using the Site you are agreeing to comply with these.
2 Using the Site
2.1 The Site is for you
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your passwords and other account details confidential.
2.3 If you choose to access the Site from locations outside the UK you are responsible for compliance with local laws where they are applicable.
2.4 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at info@elms-aviation.com.
2.5 Without prejudicing any other remedy that may be available to us, we may prevent or suspend your access to the Site and any of its services if you do not comply with any part of these terms and conditions, any terms or policies to which they refer (including terms for the use of the ELMS Application) or any applicable law.
2.6 You agree that you shall keep all information provided to you from visiting the Site or imparted to you as a result of visiting the Site confidential.
2.7 You agree that you shall only use the Site for its proper and intended purpose and shall not abuse or miss-use it or in any way bring the Site or us into disrepute.
2.8 You agree that all information you input onto the Site (including any information (including uploaded documents and typed data) inputted into/onto the ELMS Application) is true, accurate and up to date and in the event updated information is required and/or any information becomes inaccurate, you shall immediately (as applicable) correct any inaccuracies and/or provide up to date information. You acknowledge that inputting incorrect information shall be treated as a material breach of these terms and conditions and, where applicable, a material breach of any Website terms and conditions of supply the parties have entered into and as a result of this, we may terminate all or any of the agreements between us.
3 Ownership, use and intellectual property rights
3.1 This Site and all intellectual property rights in it including but not limited to any Content are owned by either CERTA360 Limited or us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents, software and all other intellectual property rights of any kind (including for the avoidance of any doubt all such rights in the ELMS Application) whether or not they are registered or unregistered (anywhere in the world). We and CERTA360 Limited reserve all of our/its (as applicable) rights in any intellectual property in connection with these terms and conditions. This means, for example, that we/CERTA360 Limited (as applicable) remain owners of them and free to use them as we/CERTA360 Limited (as applicable) see fit.
3.2 Nothing in these terms and conditions grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
3.3 Trade marks: ELMS, ELMS Global Solutions and CERTA360 are trade marks belonging to CERTA360 Limited. Other trade marks and trade names may also be used on this Site. The use by you of any trade marks on the Site is strictly prohibited unless you have prior written permission from CERTA360 Limited.
4 Software
4.1 Software may be made available for you to download in order to help the Site work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an end user licence agreement). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).
4.2 Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and conditions and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
5 Submitting information to the Site
5.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
5.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
5.3 Please be aware that if you subscribe to and/or use the ELMS Application you will be asked to agree to some additional terms and conditions (without prejudicing your agreement to these terms and conditions) and security of your information on the ELMS Application will be paramount.
6 Accuracy of information and availability of the Site
6.1 While we try to make sure that the Site is accurate, up to date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on this Site is at your own risk.
6.2 We may suspend or terminate operation of the Site at any time as we see fit.
6.3 You may have certain legal rights when using the Site (such as if the Website terms and conditions of supply apply to you. These are also known as ‘statutory rights’. Nothing in these terms and conditions affects these legal rights. Further information on your legal rights can be obtained from your local Citizens’ Advice Bureau (citizensadvice.org.uk).
6.4 Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
6.5 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
7 Hyperlinks and third party sites
7.1 The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
8 Limitation on our liability
8.1 We will only be liable for any loss or damage that is a reasonably foreseeable consequence of a breach of these terms and conditions by us. Losses are foreseeable where they could be contemplated by you and us at the time these terms and conditions are entered into. We are not responsible for any other losses (whether arising from these terms and conditions or any policy referred to herein, under statute or negligence including tort) including indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or loss of opportunity) or any loss of data or use, any form of indirect, consequential or special loss or any loss or failure to realise expected profit or other such revenue or pure economic loss (whether the same was direct or not). We also expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use our Site whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and we had been advised of the possibility of the same. Consequential and indirect loss and damage shall include but not be limited to loss of profits, loss of goodwill and wasted expenditure.
8.2 Nothing in this clause 8 shall limit our liability in respect of death or personal injury caused by our negligent acts or omissions (or those of any of our employees or agents) or for fraud or fraudulent misrepresentation;
8.3 You agree that material downloaded or otherwise accessed through the use of our Site is obtained entirely at your own risk and that you will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data, even if such loss and damage was reasonably foreseeable and we had been advised of the possibility of the same.
8.4 We make no representations or warranties whatsoever as to the accuracy of the information contained in the Site.
9 Events beyond our control
9.1 We shall have no liability to you for any breach of these terms and conditions or any policy referred to by these terms and conditions caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
10 Rights of third parties
10.1 Save as set out in clause 10.2, no one other than a party to these terms and conditions has any right to enforce any of these terms and conditions.
10.2 CERTA360 Limited may enforce these terms and conditions if there is any breach of clause 3 by you.
11 Variation
11.1 These terms are dated 1st October 2015. No changes to these terms and conditions are valid or have any effect unless agreed by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations.
12 General
12.1 You agree to indemnify, defend and hold harmless us and any group company or any employee, director, business partner or other affiliate of ours, from any claim or demand, including reasonable professional fees, made by any third-party due to or arising out of your breach of these terms and conditions or the documents they incorporate by reference, or your breach of any law or the rights of a third-party.
12.2 In the event that any provision of these terms and conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms and conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
12.3 These terms and conditions are governed by the law of England and are subject to the exclusive jurisdiction of the courts of England and Wales.