TERMS AND CONDITIONS OF USE
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our website (hereafter "website"). It is vitally important that you read the terms carefully, as your use of the website will automatically constitute your agreement to be legally bound by the terms and conditions set out herein. These Terms also govern your use or purchase of the products/services provided through or in connection with the website (hereafter "services"). Each time you use our services, you acknowledge that you have read these terms and agree to be legally bound by them. If you do not agree to be bound by these terms, you may not use the website(s) or the services provided by AviMall through its website(s).
This website is owned by AviMall (hereafter “AviMall”), a company registered in Hombrechtikon ZH, Switzerland, whose registered office is at Poststrasse 21, 8634 Hombrechtikon ZH, Switzerland.
The following words used in these terms shall have the following meanings:
- “Personal Information” shall mean all data and/or information provided by and about the user, including e-mail address(es), name, address, credit card, or other payment information, etc.;
- "AviMall Website" shall mean all websites on which AviMall provides products and/or services.
- "AviMall User" shall mean all users of AviMall website(s) and services.
- "AviMall Products and Services" shall mean all products and/or services provided directly by AviMall;
- “Third Parties” include all advertisers, partners and affiliate vendors that are included on, or linked to, AviMall website(s).
LINKS TO AND FROM OTHER WEBSITES
Links to third party websites on this website are provided solely for your convenience. If you use these links, you leave this website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
On occasion, a product or service offered by advertisers on AviMall’s website may not be available at the time or at the price listed. In such event, or in the event a product or service is listed at an incorrect price or with incorrect information due to typographical error, technology effort, error in the date or length of availability, or error in pricing or product or service information received from our advertisers or other user, the user agrees that AviMall is not responsible for such errors or discrepancies and that the user’s only course of action is to contact the appropriate advertiser or other users.
AviMall regularly sends out a newsletter and/or other informational e-mails (collectively referred to as "Newsletters") to all users. In these Newsletters, we may inform you about new services, features or products. Users may choose to unsubscribe from the Newsletter at any time using the unsubscribe option at the bottom of our e-mails or by writing to us at firstname.lastname@example.org.
LICENCE AND COPYRIGHT
AviMall website contains copyrighted material, trademarks and other proprietary information, including, but not limited to text, software, photos, video, graphics, music and sound and the entire content of the website is copyrighted as a collective work under swiss and international copyright laws. AviMall owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law or these terms, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of downloaded material will be permitted without the express written permission of AviMall and the copyright owner. Elements of the website are protected by trade dress, trademark, unfair competition and other laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors.
You are permitted to print and download extracts from this website for your own private use on the following basis:
- No documents or related graphics on this website are modified in any way.
- No graphics on this website are used separately from accompanying text.
- Any of our copyright and trade mark notices and this permission notice appear in all copies.
Means of Access
The AviMall website is generally intended to be viewed by a conventional web browser with a screen resolution up to 1280 pixels. Although you may use other means to access the AviMall website, be aware that the AviMall website may not appear accurately through other access methods, and you use them only at your own risk.
AviMall website is protected by a password or requires a login. You may not obtain or attempt to obtain unauthorized access to the AviMall website, or to any other protected materials or information, through any means not intentionally made available by AviMall for your specific use.
In accordance with swiss and international law, any notifications of claimed copyright infringement should be sent to us immediately. Such notification can be sent by e-mail, to email@example.com or by letter to: AviMall, Poststrasse 21, 8634 Hombrechtikon ZH, Switzerland.
Copyright Infringement – Digital Millennium Copyright Act
If operating in the United States of America: The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe in good faith that materials hosted by AviMall infringe your copyright, you (or your agent) may send AviMall a notice requesting that the material be removed or access to it blocked by providing AviMall’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit AviMall to locate the material.
- Information reasonably sufficient to permit AviMall to contact you, such as a name, address, telephone number, and, if available, an e-mail address
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send AviMall a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: AviMall, Poststrasse 21, 8634 Hombrechtikon ZH, Switzerland.
AviMall suggests that you consult your legal advisor before filling a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Any rights not expressly granted in these terms are reserved.
OBLIGATIONS OF USER
Use of this website http://www.avimall.com, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
Illegal/Criminal Activity AviMall website may not be used in connection with criminal or civil violations of state, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
Security Violations: AviMall website may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service attacks; and distributing viruses or other harmful software.
Basic Security: User is responsible for maintaining the basic security of its computer system and to prevent its use by others in a manner that violates these Terms. Examples include: improperly securing a mail server so others can use it to distribute spam; improperly securing an FTP server so that it may be used by others to illegally distribute licensed software or media content. User is responsible for taking corrective actions on vulnerable or exploited systems to prevent continued abuse.
Threats: AviMall website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, and defamation.
Offensive Materials: AviMall website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, and hateful materials. Further, Users agree to adhere to the following requirements:
- Comply with all laws, ordinances, statutes and applicable legislation and to respect all 3rd-party rights. In particular, User shall not:
- Provide, post or otherwise distribute content which is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any 3rd-party, is unreasonably harmful or offensive to any individual or community
- Use or post any pornographic materials or any content that violates 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 or post, without authorization, any content protected by law (e.g. copyright, trademark, patent, utility patent, design patent or other intellectual property (IP) laws), or advertise, promote, offer or distribute any goods or services protected by law
- Use, post or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, Ponzi schemes, illegal multi-level selling or pyramid sales).
- You may not provide, post or otherwise distribute, User content that:
- Contains vulgar, profane, abusive, racist or hateful language or expressions, epithets or slurs, text, photographs, videos or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature
- Discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law or moral standards
- Violates or encourages the violation of any municipal, state, provincial, federal or international law, rule, regulation or ordinance
- Interferes with any User’s uninterrupted use of AviMall website
- Advertises, promotes or offers to trade any goods or services
- Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code
- Disrupts, interferes with, or otherwise harms or violates the security of AviMall website or any services, system resources, accounts, passwords, servers or networks connected to or accessible through AviMall website
- "Flames" any individual or entity (e.g. sends repeated messages related to another User and/or makes derogatory or offensive comments about another User or individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY AviMall.
It is your responsibility to determine that your input into our site, including use of any chat room areas of our site, including your choice of your user name, conforms to the above conditions. If you notice any content which breaches these conditions, please notify us by e-mail to firstname.lastname@example.org.
SPAMSpam is an unacceptable use of AviMall website.
- Spam includes any of the following activities:
- Posting a single message or messages similar in content, to more than five (5) online forums or newsgroups and posting messages to online forums or newsgroups that violate their rules.
- Collecting responses from unsolicited e-mail.
- Sending any unsolicited e-mail that could be expected, in AviMall’s opinion, to provoke complaints.
- Sending e-mail with charity requests, petitions for signatures, or any chainmail-related materials.
- Sending bulk e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail. NOTE: The inclusion of an opt-out clause does not necessarily legitimize sending unsolicited e-mail.
- Sending e-mail that does not accurately identify the sender, the sender's return address, and the e-mail address of origin.
- Using AviMall facilities to violate what could reasonably be considered a violation of another Internet Service Provider's (ISP) acceptable use policy and/or terms of service.
- User is further prohibited from the following activities:
- Employing any mechanisms, software or scripts when using AviMall website. However, the User may use the interfaces or software provided by AviMall within the scope of the services available on our website and in accordance with these Terms
- Blocking, overwriting, modifying and copying of any contents of AviMall web site.
- Distributing or publicly disclosing the contents of the website or any of its terms, without written permission from AviMall
- Performing any actions that may impair the operability of AviMall website infrastructure, particularly actions that may overload said infrastructure, servers, bandwidth or other equipment or software
Indirect Access A violation of these Terms by someone having only indirect access to AviMall website through a User, will be considered a violation, whether or not with User’s knowledge or consent.
The registered operators and brokers will benefit from the following promotional package until 31-Dec-2017:
- Free Charter Promotion Module with access to a large database of various Aircraft.
- No Registration Fee required
In addition, these policies apply to any e-mail or content transmitted by User, or on your behalf, that uses a AviMall account as a mailbox for responses or promotes content, hosted or transmitted, using AviMall facilities, or that indicates, in any way, that AviMall was involved in the transmission of such e-mail or content.
The resale of AviMall products and services is not permitted, unless expressly permitted by these Terms or in a separate written agreement.
Violations of these Terms may result in immediate suspension or termination of your account and our services to you, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by AviMall, in its sole discretion.
When feasible, it is AviMall’s preference to give notice so that violations may be addressed voluntarily, however, we reserve the right to act without notice, when necessary, as determined by AviMall in its sole discretion. AviMall may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law. Refunds or credits are not issued in connection with actions taken for violations of these Terms.
Uses and Other Policies
- When using our services, User warrants and represents that all of the data provided by you is accurate and complete. User shall report any modifications in the data to AviMall website, immediately upon any changes occurring.
- You may establish more than (1) User account as long as users have the same domain.
- User warrants and represents that they are of legal age (18 or older) to use our website, at their time of use, or that they are a legal entity, created by operation of law.
- User may download or print a single copy of any portion of the content solely for personal, non-commercial use, provided they do not remove any trademark, copyright or other notice from such content.
Requests to use AviMall content for any purpose other than as permitted in these Terms shall be directed to AviMall at: email@example.com
AviMall shall not be liable for User interactions with any 3rd-parties, businesses and/or individuals found on AviMall website or through the services provided. This includes, but is not limited to, payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between User and such 3rd-parties, businesses and/or individuals. User understands and agrees that AviMall is not responsible for any damage or loss incurred as a result of any such dealings. AviMall is under no obligation to become involved in disputes between Users of our website, or between Users on our website and any 3rd-party. In the event of a dispute, User agrees to release AviMall its officers, employees, agents and successors in rights, from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
USER FORUMS, CONTENT, AND PARTICIPATION
AviMall recognizes that any data provided by User to us is extremely important and we shall, therefore, be particularly sensitive in handling such data. Users are advised that there are inherent security risks in transmitting data, such as e-mails, credit card or personal information, via the Internet, because it is impossible to safeguard completely against unauthorized access by 3rd-parties. Nevertheless, AviMall shall do what is reasonable to safeguard your data, subject to this cautionary limitation.
In particular, personal information will be transmitted via the Internet only if it does not infringe upon 3rd-party rights, unless the respective party has given prior consent in view of such security risks. Accordingly, AviMall shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission on our part.
Rights to Content Use
When User posts content or contributions to AviMall website, User grants AviMall a limited, revocable, nonexclusive and non-assignable right of use for the respective content or contribution that AviMall is entitled to utilize for any purpose allowed by these Terms. In particular, AviMall is entitled to use said content or contribution posted by User for marketing or in any other way. AviMall may use User content or contributions in any form, format, or medium of any kind now known or later developed.
Although User grants AviMall a license, as stated above, WE DO NOT OWN USER CONTENT. This license grants us certain rights and also proscribes limitations of what we may do and not do with the content, more fully described as follows:
- AviMall may not sell or give away User content as permanent downloads or physical copies, alone or in a compilation.
- AviMall may not continue exercising the license after User provides us with a request for termination, as described below.
- AviMall may not use, license or sub-license another party to use User/Member content outside of AviMall website.
- AviMall may let other parties exercise these rights on AviMall website, which permits the license to become sub-licensed.
- AviMall may exercise these rights without paying User any remuneration, royalties or other fees, whatsoever.
- AviMall may exercise these rights throughout AviMall website(s), worldwide.
User may grant similar licenses to others
User may terminate the license at any time by following the steps described below:
- To request deletion of User content, User must send an e-mail to Customer Service at firstname.lastname@example.org stating the e-mail address associated with the particular content you wish to delete, along with the words "Delete User Content" in the subject line. Please note that if User subsequently places the same or similar content on AviMall website, this deletion notice will become null and void.
- AviMall grants a right of use over all user-posted content or contributions to its website(s) to other Users. Copying, downloading, disseminating, distributing and storing of the contents of AviMall website is, with the exception of the cache memory when searching for AviMall web pages, prohibited, without AviMall’s express written consent.
- All information, content, services and software displayed on, transmitted through or used in connection with AviMall website, with the exception of User content as defined herein, including for example, news articles, reviews, directories, guides, text, photographs, images, illustrations, audio clips, video, HTML, source and object code, trademarks, logos, and the like, as well as its selection and arrangement, is owned by AviMall, except for those items that are copyrighted and/or owned by their respective businesses or individuals.
- Without limiting the generality of the previous paragraphs, User authorizes AviMall to share User-posted content across all websites, to include User content in a searchable format accessible by other Users of AviMall websites, now in use or later developed, to place advertisements in close proximity to such User content, and to use User’s name, likeness and any other information in connection with AviMall’s use of the material User provides.
- Prohibited uses do not include any other use that AviMall expressly authorizes in writing
- AviMall does not guarantee the accuracy, integrity or quality of the posted content on our website and User may not rely on any of this posted content. Without limitation, AviMall is not responsible for postings by Users in the User opinion, message board, and forum or feedback sections of our websites.
Unsolicited Idea Submission Policy
AviMall and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send us any original creative artwork, samples, demos or other works. The sole purpose of this policy is to avoid potential misunderstanding or disputes when AviMall’s products or marketing strategies might seem similar to ideas submitted to us by others. We ask that you do not send your unsolicited ideas to AviMall or any individual at AviMall. If, despite our request that you not send us your ideas and materials, you still send them, please understand that AviMall makes no assurances that your ideas and materials will be treated as confidential or proprietary.
CONTINUED USE OF THE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.
To register with http://www.avimall.com you must be at least 18 years of age.
Each registration is for a single user only, whether or not acting on behalf of a AviMall or other organization. We do not permit you to share your user name and password with any other person.
User must complete the registration process by providing AviMall with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a User name.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
User is entirely responsible for maintaining the confidentiality of any password and account information. Furthermore, User is entirely responsible for any and all activities that occur under its account. User agrees to notify AviMall immediately of any unauthorized use of their account or any other breach of security. AviMall will not be liable for any loss that may incur as a result of someone else using User’s password or account, either with or without their knowledge. However, User could be held liable for losses incurred by AviMall or another party due to someone else using their account or password
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
We may deny access to any User, at any time, and for any reason. In addition, AviMall may, at any time, transfer rights and obligations under these Terms to any current or future AviMall subsidiary or business unit, or any companies or divisions or any entity that acquires AviMall or any of its assets.
BREACH AND TERMINATION
Without prejudice to any rights or remedies AviMall may have under the Agreement or at law, AviMall may, by written notice to Member, terminate with immediate effect the Agreement or any part thereof without any liability whatsoever, if:
- Member violates or breaches any of the provisions of the Agreement
- Any proceedings in insolvency, bankruptcy (including reorganization) liquidation or winding up are instituted against Member, whether filed or instituted by Member, voluntary or involuntary, a trustee or receiver is appointed over Member, or any assignment is made for the benefit of creditors of Member
- The control or ownership of Member changes
Upon occurrence of any of the events referred to above, all payments to be made by Member under the Agreement shall become immediately due and payable. In the event of cancellation, termination or expiration of an Agreement, the terms and conditions destined to survive such cancellation, termination or expiration shall so survive.
Member agrees that it now and in future shall comply with national law on prevention of bribery, as well as any other law transforming from ratification of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (including the US Foreign Corrupt Practices Act). In general, the law makes it illegal to bribe or make a corrupt payment to an Official for the purpose of obtaining or retaining business, directing business to any person, or securing any improper advantage.
Member's failure to comply with any provision of this section is grounds for immediate termination of any Agreement by AviMall (or its respective affiliate(s)), without AviMall' incurring any liability towards Member. In the event of such termination, (i) AviMall shall be under no obligation to sevice Member, (ii) Member shall be responsible for and indemnify AviMall for any damages, claims, penalties or other losses (including attorneys' fees) that may be asserted against or incurred by AviMall as a result of Member's breach of this section; and (iii) AviMall shall be entitled to any other remedies available at law or in equity. The terms and conditions of this section shall survive any expiration or termination of this Agreement.
AviMall will only do business with those companies that respect the law and adhere to ethical standards and principles. Should AviMall receive any information to the contrary, AviMall will inform and Member agrees to cooperate and provide whatever information is necessary to allow AviMall to decide whether there is any basis to any allegation received and whether the Agreement should continue. Such information includes, but is not limited to, books, records, documents, or other files.
While AviMall uses reasonable efforts to include accurate and up-to-date information, AviMall specifically disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in any and all AviMall web sites, either now operating or created in the future. AviMall disclaims any responsibility or liability for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. AviMall disclaims any responsibility or liability for any harm resulting from downloading or accessing any information or material on the Internet through AviMall website.
AviMall does not make any warranties or representations regarding any data, service and/or information provided or made available by any user on any of AviMall websites or on any external websites linked to them. In particular, AviMall does not warrant or represent that said data, service and/or information is true or accurate, or that it fulfils or serves any particular purpose.
Without limiting the foregoing, under no circumstances shall AviMall be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of 3rd-parties, or loss of or fluctuations in heat, light, or air conditioning.
AviMall WEBSITES AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN AviMall WEBSITE, ARE PROVIDED "AS IS," WITH NO WARRANTIES EXPRESSED OR IMPLIED. AviMall EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. AviMall DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF AviMall WEB SITES. AviMall DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH AviMall WEBSITES. AviMall DISCLAIMS ANY WARRANTIES FOR SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON AviMall WEBSITES OR RECEIVED THROUGH ANY LINKS PROVIDED BY AviMall WEBSITES AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS OR ANY USER CONTRIBUTIONS PROVIDED TO AviMall WEBSITES.
THE USER UNDERSTANDS AND AGREES THAT THEY DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF AviMall WEBSITES AT THEIR OWN DISCRETION AND RISK AND THAT THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN ALL CASES. THE USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
AviMall AND ITS WEBSITES ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY USERS, 3rd-PARTIES, ACTIONS OF ANY 3rd-PARTY OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, A USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
AviMall may modify, suspend, discontinue or restrict the use of any portion of AviMall website, including the availability of any portion of the content at any time, without notice or liability.
User acknowledges and agrees that it is virtually impossible to achieve continuous, uninterrupted availability of AviMall or any other, website. While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period. Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Our liability (and that of our officers, directors, employees, shareholders or agents) of any kind (including our own negligence) with respect to our website or service for any one event or series of related events is limited to the total fees which you have paid to us in the 12 months before the event(s) complained of.
In no event (including our own negligence) will we be liable for any:
- Economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings)
- Loss of goodwill or reputation.
- Special, indirect or consequential losses.
- Damage to or loss of data.(even if we have been advised of the possibility of such losses).
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless AviMall, its website(s) and each of its respective advertisers, partners, suppliers, licensors, officers, directors, shareholders, employees, representatives, contractors, agents and sub-licensees, from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding:
- Your use of AviMall website(s).
- AviMall's use of any your content or information, as long as such use is not inconsistent with these Terms.
- Information or material provided through your IP address, even if not posted by you.
- Any violation of these Terms by you.
GOVERNING LAW AND JURISDICTION
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDINGS ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, ITS INFORMATION, SERVICES AND CONTENT SHALL BE SUBJECT TO THE LAWS OF SWITZERLAND. THE COURTS IN ZURICH, SWITZERLAND SHALL HAVE EXCLUSIVE JURISDICTION.
These terms and conditions shall be governed by and construed in accordance with swiss law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts in Zurich, Switzerland where the claim is brought by you. We nevertheless retain the right to bring proceedings against you for any threatened or actual breach of these terms and conditions in your country of residence, registration or business or any other relevant country.
It is prohibited to access the website from territories where its contents are illegal or unlawful.
If any provision of these Terms is, for any reason, invalid and/or unenforceable, as determined in an appropriate Court of proper jurisdiction, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. You agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision that most closely approximates the intent and economic effect of the invalid and/or unenforceable provision and shall be interpreted most favourably, when possible, to the benefit of AviMall.
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
Any complaints regarding violations of these Terms by a User should be directed to customer services at email@example.com. Where possible, include details that would assist AviMall in investigating and resolving the complaint (i.e. expanded headers and a copy of the offending transmission).
We are very proud of our high standards of customer service however, in the event that we fail in meeting these standards, please do not hesitate to contact us at Poststrasse 21, 8634 Hombrechtikon ZH, Switzerland.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
No person other than the parties to these terms and conditions are intended to benefit from them pursuant to the Contracts (Rights of Third Parties) Act 1999.
These Terms represent the entire understanding between the user and AviMall and supersedes any prior statements or representations. THE USER AGREES TO THE TERMS OF THIS ONLINE AGREEMENT, by using the website, it’s services, sign up, posting, downloading and uploading content, and understands that it is entering into a binding and legal agreement with AviMall.
You agree to file any claim regarding any aspect of this website or these Terms within six (6) months of the time in which the events giving rise to such alleged claim began, or you agree to waive such claim. You also agree that no claim subject to these Terms may be brought as a class action or in any other jurisdiction than swiss courts in Zurich.
These Terms and Conditions were last updated, and became effective, on 30/10/2017.
Contact Information: Our contact details are as follows:
Address: AviMall, Poststrasse 21, 8634 Hombrechtikon ZH, Switzerland.
General e-mail: firstname.lastname@example.org
Telephone number: +41 44 320 02 30
AviMall GmbH , Wallisellenstrasse 391, 8050 Zurich, Switzerland, email@example.com, + 41 44 320 02 30, + 41 44 320 02 31, AviMall is an online platform offering a free charter marketplace to assure both Air Operators and Charter Brokers a significant reduction in marketing cost. is member of: AeroSuisse , EBAA , NBAA , CBAA , MEBAA , AfBAA .