General Terms & Conditions

goVFR.com

Last updated: 09.11.2016, Niederglatt, Switzerland

1         General Terms and Conditions for the use of the Services

1.1         mindphuel llc (CHE-114.660.841; hereinafter referred to as the "Supplier") based in Niederglatt, Switzerland, operates the website www.govfr.com (hereinafter referred to as the "Website").

1.2         These General Terms and Conditions govern the relationship between the Supplier and the contracting party (hereinafter referred to as the “User”), as well as the relationship between the Supplier and other Users of the Website (hereinafter referred to as “Third party”).

1.4         Additional terms may also apply in addition to these General Terms and Conditions.

1.5         The use of Third party websites and services is governed by the provisions of the Third party.

1.6         The Website provides various services (hereinafter referred to as "Services", in particular the creation of navigation plans for engine-powered aviation.

1.7         The Supplier reserves the right to modify the Services the Website provides.

1.8         Some Services are subject to charges. Only registered Users can use those Services. Third parties have restricted access to the website and its Services.

1.9         The content of the Website and its presentation are protected by copyright (all rights reserved) and by other intellectual property rights, held by the Supplier.

 

2         Registration and Conclusion of contract

2.1         Registration

              Users can register on the Website. A valid email address is required for registration. The Supplier provides the User with a personal user password via email. This password allows the User to log in to a user profile on the Website.

2.2         Trial version

              For 30 days from registration onwards, Users can use the Website’s Services free of charge (trial version). During that period, the range of Services is limited (see section 4 below). 10 days before the trial version expires, the User receives an email containing information about the Services that bear a charge.

2.3         Subscription

              After the trial version has ended, the User can buy a subscription lasting 30 days. During that period, the User is entitled to use the Website’s Services. The Services are activated for the User after payment. When the subscription ends, the User’s profile will be deactivated (meaning that he/she can no longer use the Services). The User can activate his profile again by buying a new subscription.

 

3         Subscriptions

              The Users can buy different subscriptions, namely:

3.1         Trial Version

              Scope of Services

Flight Planning

Calculate a reliable navigation flight plan within minutes by just clicking on the map. Plan alternates, adjust power setting for each leg, get fuel ranges and great circle tracks. Use your own or predefined waypoints.

With the free trial version, you're able to calculate 10 flight plans and save one of them.

Services

Print your flight plan or export it as gpx, fpl, txt or directly upload it to the iPad App Air Navigation. Import flight plans or GPS tracks.

Use an existing or add a new aircraft for all calculations, including power setting, ranges and weight&balance calculations.

Community

Receive and give tipps and recommendations about destinations or routes.

Weather Services

Get a wind adjusted flight plan for current conditions, get METARs/TAFs around the world and use WX chart overlays.

3.2         Version „Co-pilot“

              Scope of Services

Flight Planning

Calculate a reliable navigation flight plan within minutes by just clicking on the map. Plan alternates, adjust power setting for each leg, get fuel ranges and great circle tracks. Use your own or predefined waypoints.

With the free trial version, you're able to calculate and save unlimited flight plans.

Services

Print your flight plan or export it as gpx, fpl, txt or directly upload it to the iPad App Air Navigation. Import flight plans or GPS tracks. Use your own kml files as overlay. You are able to save up to 3 overlays.

Use an existing or add a new aircraft for all calculations, including power setting, ranges and weight&balance calculations.

Community

Receive and give tipps and recommendations about destinations or routes.

Weather Services

Get a wind adjusted flight plan for current conditions, get METARs/TAFs around the world and use WX chart overlays.

3.3         Version „Captain“

              Scope of Services

Flight Planning

Calculate a reliable navigation flight plan within minutes by just clicking on the map. Plan alternates, adjust power setting for each leg, get fuel ranges and great circle tracks. Use your own or predefined waypoints.

With the free trial version, you're able to calculate and save unlimited flight plans and plan alternates for your flight plans.

Services

Print your flight plan or export it as gpx, fpl, txt or directly upload it to the iPad App Air Navigation. Import flight plans or GPS tracks. Use your own kml files as overlay. You are able to save unlimited overlays.

Use an existing or add a new aircraft for all calculations, including power setting, ranges and weight&balance calculations.

Community

Receive and give tipps and recommendations about destinations or routes.

Share free seats online - your customers see all details about the plane and the planned route.

Weather Services

Get a wind adjusted flight plan for current conditions, get METARs/TAFs around the world and use WX chart overlays.

Get all wind and temp data for future conditions.

 

4         Obligations of the User

4.1         Subscription fee

4.1.1      The User must pay the subscription fee by credit card.

4.1.2      The User must pay the subscription fee in advance. After payment, the User’s profile will be activated and he/she can use the Services for 30 days.

4.1.3      The Supplier publishes the subscription fees on the Website.

4.2         Use of the Website

4.2.1      The User and Third parties are obliged to comply with all applicable legislation and respect all Third party rights when using the website.

              In particular, the User shall not

·         use any insulting or defamatory contents,

·         use any pornographic, abusive, immoral or violence-glorifying materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic, abusive, immoral or violence-glorifying product or products which do not comply with any applicable legislation for the protection of minors,

·         unreasonably annoy, particularly with spam, any other User, or

·         use without authorisation any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law.

4.2.2      The User is obliged to refrain from engaging in any of the following annoying activities:

·         Sending chain letters

·         Communicating in any insinuating or sexual way (suggestive or explicit).

4.2.3      The Supplier is entitled to remove from the website any data and/or information that is prohibited according to these contractual terms, without notifying the User in advance. The User will be notified by email.

4.2.4      The User may report activities of any other User violating applicable law and/or any of these contractual terms.

4.2.5      It is the User’s obligation to have access to the internet as well as the hard- and software needed to use the Website’s Services.

4.2.6      Each User may create only one user profile. The User must not grant Third parties access to his/her user profile.

4.2.7      The User is obliged to keep his/her password secret.

4.3         The User’s duty of care

4.3.1      The Website provides Users with flight planning tools. The Supplier does not guarantee the correctness of the generated data. It is the User’s obligation to carefully execute pre-flight checks.

4.3.2      One of the Website’s Services is for the Users to offer to other Users free seats in his/her aircraft. The User who offers the seat(s) and operates the  flight with passengers is obliged to comply with the legal requirements. The Supplier excludes any warranty or liability.

 

5         Data protection

5.1         The email address and a username are registered as part of the registration process. Users can also store additional data on the Suppliers servers. Personal data is only collected, processed and/or used if the User grants consent to do so or if permitted by law.

              The Website provides users with the option of sending their personal data to other Users, or to prevent other Users from viewing their data. Such data is sent at the User’s own risk.

5.2         Tracking information ("cookies") will not be saved.

 

6         Availability of the Website

              The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the Website. Interruptions for maintenance and renewal are permitted. The Supplier shall nonetheless endeavour to keep the Website available without interruption. AThe Supplier is endeavoring to put interruptions on offpeak hours.

 

7         Liability

7.1         The Supplier’s liability is limited to the fullest extent permitted by applicable law.

7.2         In particular, the Supplier is neither liable for the availability of the Website’s Services and systems, nor for the accuracy of the generated data or  the loss of customer data.

7.3         The Supplier is not liable if the User is harmed by Third parties via the Website.

7.4         If anyone brings a claim against the Supplier related to the actions of the User or Third parties, content or information on the Website, the User will indemnify and hold the Supplier harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. The Supplier is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information the User or Third parties may encounter on the Website.

 

8         Access lock

              If the User violates these Terms and Conditions or applicable law, the Supplier is entitled to lock the User’s access to the Website without notice.

 

9         Partial nullity

9.1         Should one or more provisions of these General Terms and Conditions be invalid, illegal or otherwise ineffective, the validity of the entire contract or all the conditions will not be affected. The invalid provision will be replaced by the relevant statutory provision.

9.2         The Supplier reserves the right to modify these General Terms and Conditions at any time. The User will be informed of major substantive changes to the General Terms and Conditions in a suitable form.

 

10       Applicable law and place of jurisdiction

10.1       Swiss law applies exclusively to all contractual agreements concluded with Supplier.

10.2       Sole jurisdiction for disputes arising between the parties from the contractual relationship is Niederglatt, Switzerland.