Terms & Conditions-EULA

Last updated 09/2022

Welcome to completeaviation.co.uk!

These terms and conditions outline the rules and regulations for the use of Complete Aviation Ltd’s Website, located at https://completeaviation.co.uk.

By accessing this website we assume you accept these terms and conditions. Do not continue to use completeaviation.co.uk if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing completeaviation.co.uk, you agreed to use cookies in agreement with the Complete Aviation Ltd’s Privacy Policy.

Most interactive websites use cookies to let the owner retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Licence

Unless otherwise stated, Complete Aviation Ltd and/or its licensors own the intellectual property rights for all material on completeaviation.co.uk. All intellectual property rights are reserved. You may access this from completeaviation.co.uk for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from completeaviation.co.uk
• Sell, rent or sub-licence material from completeaviation.co.uk
• Reproduce, duplicate or copy material from completeaviation.co.uk
• Redistribute content from completeaviation.co.uk

Complete Aviation Ltd reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Complete Aviation Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Complete Aviation Ltd; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Complete Aviation Ltd. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Complete Aviation Ltd’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Your Privacy

Please read our Privacy Policy

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

END USER LICENCE AGREEMENT

Last updated 08/2021

The Application is licensed to you (End-User) by Complete Aviation Ltd., located at Sycamore Road, Chalfont St. Giles, Buckinghamshire, United Kingdom (hereinafter: Licensor), for use only under the terms of this License Agreement.

By downloading The Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), you indicate that you agree to be bound by all of the terms and conditions of this License Agreement, and that you accept this License Agreement.

The parties of this License Agreement acknowledge that Apple is not a party to this License Agreement and is not bound by any provisions or obligations with regard to The Application, such as warranty, liability, maintenance and support thereof. Complete Aviation Ltd, not Apple, is solely responsible for the licensed Application and the the content thereof.

This License Agreement may not provide for usage rules for The Application that are in conflict with the latest App Store Terms of Service. Complete Aviation Ltd acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to you are reserved.

1 THE APPLICATION

The Complete Aviation App (hereinafter: Application) is a piece of software created to assist pilots, crews and aviation stakeholders in their day to day roles and responsibilities, customised for Apple mobile devices. It is used to view and sync working schedules, update flying logbooks, display and retrieve weather and solve general flying related challenges.

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA)), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the application in a way that would violate the Gramm-Leach-Bailey Act (GLBA).

2 SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded products that you (end-User) own or control and as permitted by the usage rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with you (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of The Application provided by Licensor that replace, repair and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.

2.3 You may not share or make The Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Complete Aviation Ltd’s prior written consent),sell, rent, lend, lease or otherwise redistribute The Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of The Application, or any part thereof (except with Complete Aviation Ltd’s prior written consent).

2.5 You may not copy (excluding when expressly authorised by this license and the usage rules) or alter The Application or portions therefore. You may create and store copies only on devices that you own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time.

2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Licensor reserves the right to modify the terms and conditions of licensing.

2.8 Nothing in this license should be interpreted to restrict third-party terms. When using The Application, you must ensure that you comply with applicable third-party terms and conditions.

3 TECHNICAL REQUIREMENTS

3.1 The Application requires a software version 10.0 or higher. Licensor recommends using the latest version of iOS.

3.2 Licensor attempts to keep The Application updates so that it complies with modified/new versions of iOS and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use The Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4 MAINTENANCE AND SUPPORT

4.1 The licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the licensor at the email address listed in the App Store Overview for this licensed Application.

4.2 Complete Aviation Ltd and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5 USE OF DATA

You acknowledge that the licensor will be able to access and adjust your downloaded licensed Application content and your personal information and that the licensors use of such material and information is subject to your legal agreements with the licensor and licensors privacy policy found here

6 USER GENERATED CONTRIBUTIONS

The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or in The Application, including but not limited to text, wiritings, video, audio, photographs, graphics, comments, suggestions or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of The Application and through third-party websites or applications. As such, any contributions you transmit may be treated in accordance with The Application Privacy Policy. When you create or make available any contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance and the accessing, downloading, or copying if your contributions do not and will not infringe the property rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorise us, The Application, and other users of The Application to use your contributions in any manner contemplated by The Application and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your contributions in any manner contemplated by The Application and these Terms of Use.
4. Your contributions are not false, inaccurate, or misleading.
5. Your contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your contributions are not obscene, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us).
7. Your contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your contributions are not used to harass or threaten (in the legal sense of those terms) any other person adn to promote the violence against a specific person or class of people.
9. Your contributions do not violate any applicable law, regulation, or rule.
10. Your contributions do not violate the privacy or publicity rights of any third party.
11. Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 ina  sexual or violent manner.
12. Your contributions do not violate any applicable law convering child pornography, or otherwise intended to proect the health or well-being of minors.
13. Your contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of The Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use The Application.

7 CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the PrivacyPolicy and your choices (including settings).

By submitting suggestions of other feedback regarding The Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your contributions. You retain full ownership of all your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions to the application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.

8 LIABILITY

8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb or health.

8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this agreement. To avoid data loss, you are required to make use of backup functions of the application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of The Application, you will not have access to the licensed Application.

9 WARRANTY

9.1 Licensor warrants that The Application is free of spyware, trojan horses, viruses, or any of the other malware at the time of your download. The licensor warrants that The Application works as described in the user documentation.

9.2 No warranty is provided for the application that is not executable on the device, that has been modified unauthorisedly, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of Complete Aviation Ltd’s sphere of influence that affect the executability of The Application.

9.3 You are required to inspect The Application immediately after installing it and notify Complete Aviation Ltd about issues discovered without delay by e-mail provided in Product Claims below. The defect report will be taken into consideration and further investigated if it has been mailed within a period of 30 days after discovery.

9.4  If we confirm that The Application is defective, Complete Aviation Ltd reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5  In the event of any failure of The Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.

9.6  If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after The Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10 PRODUCT CLAIMS

Complete Aviation Ltd and the End-User acknowledge that Complete Aviation Ltd, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

11 LEGAL COMPLIANCE

You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that you are not listed on any U.S. Government list of prohibited or restricted parties.

12 CONTACT INFORMATION  

For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:

support@completeaviation.co.uk

or

Complete Aviation Ltd

Support Department

Sycamore Road

Chalfont St. Giles

Buckinghamshire

United Kingdom

13 TERMINATION

The license is valid until terminated by Complete Aviation Ltd or by You. Your rights under this license will terminate automatically and without notice from Complete Aviation Ltd if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of The Application, and destroy all copies, full or partial, of The Application.

14 THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Complete Aviation Ltd represents and warrants that Complete Aviation Ltd will comply with applicable third-party terms of agreement when using licensed Application.

In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

15 INTELLECTUAL PROPERTY RIGHTS

Complete Aviation Ltd and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Complete Aviation Ltd, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.

16 APPLICABLE LAW

This license agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.

17 MISCELLANEOUS

17.1  If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2  Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.