Website Terms and Conditions
1. Section 1 – Overview
1.1 The Website http://www.avfoil.com and the AvFoil Services are provided by AvFoil Limited (we, us, or our). These Terms and Conditions of Service (Terms) apply to your use of the Website and your use of the AvFoil Services, and affect your legal rights and obligations. In these Terms, you, your, and Website user means the individual accessing and using the Website, or the organisation on whose behalf you do so.
1.2 By visiting or accessing the Website, purchasing Items listed on the Website, engaging in the AvFoil Services, or by creating an Account, you acknowledge that you have read and understand these Terms, and agree to be bound by these Terms and all applicable laws governing the Website and the AvFoil Services. By agreeing to these Terms, you also represent and acknowledge that you are at least the age of majority in your country or state of residence, or that you are a parent or guardian and are at least the age of majority in your country or state of residence, and that you give your consent for your minor dependent(s) to use the Website (in which case, references to you, your and Website user mean you in your capacity as a parent or guardian).
1.3 AvFoil reserves the right to amend and modify these Terms from time to time. We will communicate all changes by posting these on the Website. Unless otherwise stated, amendments will be effective immediately upon posting of the amended Terms on this Website. You are responsible for ensuring you are familiar with the latest Terms. By continuing to use the Services, you agree to be bound by the Terms as they may be amended.
2. Section 2 – Definitions and Interpretation
2.1 Definitions: For the purposes of these Terms:
Additional Services means the online aviation support services provided
by AvFoil or its affiliates from the Website, including but not limited to manufacture and maintenance process activity tracking, auditing and inventory management, labour management, CRM and ERP services, and payment management;
Account means an online account made by an individual or on behalf of a company on the Website;
Account Holder means a person who holds a registered online account with the Website;
Auction means a Listing of Items or Subscriber Services listed on the Website by a Seller, and carried out in an auction format in accordance with the AvFoil Terms of Listings and Auctions available at [URL];
AvFoil means AvFoil Limited, a company incorporated in New Zealand;
AvFoil Services means the Listing Services, Additional Services, Valuation Services, and any other service provided by AvFoil from the Website including classifieds or message boards;
Buyer means an Account Holder who purchases Items, or engages in Subscriber Services, subject to a Listing, or who places a bid on any Auction (regardless of whether that bid is accepted or not);
Item and Items means goods or property, including aircraft or aviation goods, that may be bought by a Buyer, and sold by a Seller, by way of a Listing;
Listing means a listing on the Website through which a Seller may offer, negotiate, sell or advertise any Item or Subscriber Service, whether by Auction or direct sale, and through which a Buyer may purchase such Item or Subscriber Servicer;
Listing Service means the online sale and auction service offered by AvFoil from the Website by which Subscribers may list, sell and auction, and Buyers may purchase, Items and Subscriber Services;
Seller means any Subscriber who places a Listing on the Website;
Subscriber means an Account Holder who holds a Subscription;
Subscriber Service means any aviation service which may be provided by a Seller to a Buyer by way of a Listing;
Subscription means the right to create, maintain and carry out Listings using the Website in consideration of payment of the Subscription Fee;
Subscription Fee means the fee payable by a Subscriber to AvFoil in consideration for a Subscription as set out at [URL], and as may be updated by AvFoil from time to time at its sole discretion;
Valuation Services means the aviation valuation services provided by AvFoil from the Website, as governed by the AvFoil Terms and Conditions for Aviation Valuations available at [URL]; and
Website means this website http://www.avfoil.com and any other AvFoil website through which the Services are offered;
2.2 Interpretation: For the purposes of these Terms:
2.2.1 headings are for ease of reference only and will not be deemed to form any part of the context or affect the interpretation of these Terms;
2.2.2 expressions defined in the main body of these Terms bear the defined meanings in the whole of these Terms;
2.2.3 another grammatical form of a defined word or expression has a corresponding meaning;
2.2.4 the singular includes the plural and vice versa;
2.2.5 a reference to a statute is to a New Zealand statute and includes all regulations, orders, bylaws, codes and notices made under or pursuant to such a statute and includes references to all amendments to that statute whether by subsequent statute or statute passed in substitution for the statute;
2.2.6 a reference to dollars or $ is a reference to New Zealand (NZD) currency; and
2.2.7 the use of the words including, includes and include followed by a list of items or matters do not in any way limit the generality of the subject matter which goes before them or to which they refer.
3. Section 3 – Use of Website
3.1 General Use by Account Holders: This Website may be used by Account Holders to access the AvFoil Services and to purchase Items and Subscriber Services posted on the Website via Listings.
3.2 General Use by Subscribers: In addition to the uses available to Account Holders, Subscribers may use the Website to create and post Listings in order to sell or auction Items or Subscriber Services to Account Holders.
3.3 Auctions: Subscribers may elect for Listings to be carried out as Auction. Auctions are governed by our Terms and Conditions of Auctions available at [URL].
3.4 Additional Services and Valuation Services: AvFoil offers Additional Services and Valuation Services available and accessible through the Website. Our Valuation Services are governed by our Terms and Conditions for Aviation Valuations available at [URL].
3.5 Transactions Generally: The Website facilitates entry into transactions between Buyers and Sellers. We do not act as an agent of, or on behalf of, any Website user or Account Holder in respect of any transaction formed pursuant to a Listing and nor do we participate in any way in any such transaction between the Buyer and Seller, other than to provide a marketplace through which Items and Subscriber Services may be listed, bought and sold.
3.6 Transaction Risk: All transactions pursuant to a Listing, and all other conduct between you and other Website users or Account Holders are conducted entirely at your own risk. You agree that AvFoil takes no responsibility or liability for any harm, fraud, or other misconduct of Website users of Account Holders you may deal with when accessing the AvFoil Services.
3.7 AvFoil Not Party: You accept that we are not party to any transaction between a Buyer and a Seller and agree not to involve or attempt to involve us in any dispute relating to any Listing (including as to the payment or any failure to pay any price or cost associated with the relevant Items or Subscriber Services). Our obligations are solely as set out in these Terms.
3.8 Viruses and Interference: You are not permitted to do or use anything that interferes or may interfere with the Website, including introducing any virus, malware or other similar malicious code, modify, frame or reproduce the Website, or create a link to the Website (other than the homepage or where we expressly permit you to do so).
3.9 Changes to Listings: We reserve the right to remove any Listings, or suspend, discontinue or restrict access to the Website or the AvFoil Services for any reason whatsoever without notice or liability.
3.10 Correction of Errors: We reserve the right to change, correct or remove any error on the Website or in relation to any Listing, including if such a change results in a change to a bid or any starting or reserve price within an Auction.
4. Section 4 – Your AvFoil Account
4.1 Use of Website: To access AvFoil Services and Listings, you must be an Account Holder. The sale and purchase of Items or Subscriber Services, and access to Additional Services, it not available or permitted to persons who are not Account Holders.
4.2 Legal Age: To create an Account, you must be at least 18 years of age or the age of majority in your country or state. You may only register as an Account Holder if you are able to form a legally binding contract.
4.3 Right of Registration Refusal: We reserve the right to refuse registration of your Account for any reason at our sole discretion, including where we believe you do not meet the age of majority in your country or state.
4.4 Information: We may require you to provide us with any information related to your eligibility, age, proof of identity or any other information which we may be necessary for us to meet our legal obligations. You agree that all information provided by you regarding your Account is complete and accurate personal information at the time you register an account. If at any time any of your personal information changes, you agree to update this information on the Website as soon as practically possible to ensure the information is kept current.
4.5 One Account: You may not register more than one Account at any one time for any reason whatsoever. The creation of more than one Account may result in the immediate termination of each of your accounts, and the cancellation of your AvFoil Services.
4.6 Account Holder Responsibility: You are solely responsible for all activity which is carried out, or occurs on, your Account. You must immediately notify us of any unauthorised use of your Account, your account details, or any other unauthorised access to the Website or the AvFoil Services using your Account.
4.7 Passwords and Security: Upon registering a Account, you will be required to provide a password. You must keep your password and account details safe, secure, and confidential. You must not disclose your password to any third party at any time.
4.8 Cancellation and Suspension: We reserve the right to determine, at our sole discretion, whether your conduct or the use of your Account breaches these Terms. We may, without any prior notice and at our sole discretion, terminate or suspend your Account and cancel your access to the AvFoil Services where we consider such termination, suspension or cancellation necessary or desirable to protect the Website, the AvFoil Services, our security or technology systems, or for any other reason.
5. Section 5 – Subscriptions
5.1 Listings: Only Account Holders who hold a current Subscription with AvFoil and the Website may create Listings to sell or Auction Items or Subscriber Services.
5.2 Subscription Fee: Subscribers must pay the Subscription Fee in consideration of their Subscription. The Subscription Fee charged by AvFoil is dependent upon the Subscription package and duration of the Subscription requested by the Subscriber. The current AvFoil Subscription packages, including the Subscription Fees, are available on the Website at [URL]. All membership fees are inclusive of GST and in New Zealand dollars unless otherwise stated.
5.3 Changes to Fees: AvFoil reserves the right to change the Subscription Fees from time to time and at its sole discretion. Any changes to the Subscription Fee will only apply after such change has been updated and posted on the Website.
6. Section 6 – Account Holder Obligations and Warranties
6.1 Warranties: By using the Website and the AvFoil Services you warrant that:
6.1.1 you are at least 18 years old or are the age of majority in your country or state, and able to enter a legally binding contract; and
6.1.2 if you are using the Website and the AvFoil Services on behalf of an organisation, you have the authority to bind that organisation.
6.2 Legitimate Purpose: You may only access the Website or the AvFoil Services for legitimate purposes.
6.3 Listings and Communications: When accessing the Website and the AvFoil Services you must:
6.3.1 make all submissions, sales, purchases, bids or communications through the Website and the AvFoil Services in good faith; and
6.3.2 ensure your access to the Website and the AvFoil Services complies with all relevant laws and does not infringe our rights or the rights of any third parties, or inhibit or restrict other Website users' or Account Holders' use of the Website and the AvFoil Services.
6.4 Prohibited Use: When accessing the Website and the AvFoil Services you must not:
6.4.1 violate the security of the Website or the AvFoil Services, or interfere, damage or harm, or attempt to interfere, damage or harm the Website or the AvFoil Services, or any system connected to the Website or the AvFoil Services;
6.4.2 use any automated system, including without limitation, robots, spiders, or offline readers to access, acquire, copy or otherwise monitor the Website, any Website content or any Listings;
6.4.3 reverse engineer or decode the Website or the AvFoil Services, or study the Website or the AvFoil Services for the purpose of developing any software that is intended to replicate the functions of the Website; or
6.4.4 obtain or seek to obtain information from the Website that has not been made publically available.
6.5 Provision of Information: You must provide true, accurate and complete information when using the Website and the Website Services or providing any information to us.
7. Section 7 – Intellectual Property
7.1 Intellectual Property: Any information provided on this website is owned by or licenced to AvFoil. All materials, including but not limited to text, pictures, images, sounds, video, graphics, page layout, or any other information (Content) are subject to the law of copyright and other intellectual property laws and protections. Any Content provided by a third party may be governed by a different jurisdiction and subject to the laws of that jurisdiction. No right, title or interest in or to the Website or any Content, features or functionality on the Website is transferred to you. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark and other laws.
7.2 Limited Access: Subject to these Terms, we grant to you a non-exclusive, non-transferable, limited right to access the Website, to view the Website Content and to use the AvFoil Services for the purposes of purchasing and selling Items and Subscriber Services, accessing Additional Services, or accessing other services or uses contemplated by these Terms and the Website.
7.3 Unauthorised Copying Prohibited: You may not copy, publish, post, store (including by electronic means), transmit or reproduce in any manner any of the Content without the prior written consent of AvFoil. Any unauthorized use of the Content is strictly prohibited.
7.4 Trademarks: All trademarks, logos, banners, designs, brands, makes and models are all registered or unregistered trademarks or Avfoil or have been licensed to Avfoil to use on the Website by the controlling third party.
7.5 Third Party Content: Content posted by third parties (Third Party Content) may be displayed from time to time on the Website. AvFoil is not, nor does it purport to be, responsible for the content that is contained in Third Party Content, and assumes no responsibility for any false, misleading, deceptive, defamatory, obscene, profane or pornographic content contained in any Third Party Content available on the Website. Any Third Party Content is not expressed by nor endorsed by AvFoil.
8. Section 8 – Liability and Indemnity
8.1 Liability: You agree that, to the extent permitted by law, AvFoil will not be liable for any damage, injury, claim, liability or loss, whether direct, indirect or consequential, including (but not limited to) loss of money, profits, data, business, and all consequential and incidental loss, resulting from use of the Website or AvFoil Services, whether such liability arises in contract, tort, equity, breach of statutory duty or otherwise. All Listings are provided on a 'as-is' basis and AvFoil excludes all express and implied warranties, including but not limited to warranties of merchantability, fitness for purpose and non-infringement.
8.2 Express Limitations: Without limiting the above exclusion, to the maximum extent permitted by law, we will not be liable or responsible to you or any other person for any loss or damage you suffer or incur in connection with:
8.2.1 the Website or the AvFoil Services being unavailable (in whole or in part) or performing slowly;
8.2.2 any error in, or omission from, any information made available through the Website or the AvFoil Services;
8.2.3 any misconduct, unlawful or fraudulent behaviour of a Website user or Account Holder;
8.2.4 any reliance placed on any information made available through the Website by you, or by anyone who may be informed of any of its contents; and
8.2.5 any exposure to viruses, malware or other malicious code when you access or use the Website, the AvFoil Services or in any electronic mail sent to you by the Website.
8.3 Maximum Liability: In the event we are found liable to you despite the provisions of these Terms excluding our liability, our maximum aggregate liability to you will be limited to $10,000.00.
8.4 Indemnity: You agree to release, indemnify and keep indemnified AvFoil, its officers, employees and agents and hold them harmless from all claims, losses, expenses, proceedings, costs and damages which result from a violation of any of these Terms by you, or from any Listing or message you submit or post.
9. Section 9 – AvFoil Disclaimers
9.1 Accuracy of Information: While we have taken care to ensure information on the Website is correct, we give no undertakings, representations, or warranties in relation to the content of the Website or the Items or Subscriber Services listed on the Website, including as to ownership, quality, description, legality, or the ability of Account Holders to complete transactions. You are solely responsible for any actions you take in reliance on the content of the Website or any Listing.
9.2 Disclaimer as to Items: To the maximum extent permitted by law, AvFoil disclaims and excludes all implied conditions, warranties or guarantees related to Items subject to a Listing, including but not limited to any warranties of merchantability, fitness for purpose and non-infringement.
9.3 Disclaimer as to Subscriber Services: To the maximum extent permitted by law, AvFoil disclaims and excludes all implied conditions, warranties or guarantees related to Subscriber Services subject to a Listing, including that a Subscriber Service will be carried out with reasonable skill and care, fitness for a particular purpose, time for completion, or price.
9.4 Exclusion of Warranties: To the maximum extent permitted by law, we exclude all warranties that may be implied into these Terms by statute or otherwise. You agree that the Consumer Guarantees Act 1993 does not apply where you use the Website or the AvFoil Services for the purposes of your business.
9.5 Website Safety: While we have taken care to ensure the Website is safe and secure, we do not warrant or represent that the Website is free from viruses, malware, or other malicious code.
9.6 Availability of Website: The Website is provided on an "as available" basis. While we will use our reasonable endeavours to ensure the availability of the Website and AvFoil Services, we do not warrant that:
9.6.1 the Website and Website Services will be uninterrupted, timely, secure, or error-free;
9.6.2 the quality of any services, information, or other material provided to you through the Website and the AvFoil Services will meet your expectations; or
9.6.3 any errors on the Website or in relation to any Listing will be corrected.
10. Section 10 – Miscellaneous
10.1 No Auctioneer: While these Terms and the Website refer to the use of an auction process in relation to Items or Subscriber Services, we are not an auctioneer under the Auctioneers Act 2013 or otherwise.
10.2 Resolution of Disputes: AvFoil reserves the right to seek all remedies available at law with respect of any dispute arising with you in connection with these Terms. You agree to exclude AvFoil from any dispute that may arise between you and another Account Holder as a result of the Services or any Auction on the Website.
10.3 System Availability: AvFoil takes no responsibility for any unavailability of the system or loss caused by unavailability, and makes no warranty that the Website will be uninterrupted or free of errors, viruses, defects, or other harmful components, or that AvFoil will discover or correct any such problem.
10.5 No Waiver: The failure of AvFoil to exercise or enforce any right we may have under these Terms will not constitute a waiver of such right.
10.6 Force Majeure: We have no liability for any failure of the Website or AvFoil Services, or any failure to comply with these Terms if such a failure is due to an act, event or cause which is beyond our reasonable control, including acts of God, war, sabotage, riot, national emergency, fire, lightening, flood, cyclone, earthquake, landslide, storm, explosion, power shortage, strike or other labour difficulty.
10.7 Severance: If any provision of these Terms becomes invalid or unenforceable that provision shall be severed from the remaining Terms and the remaining Terms will continue if full effect.
10.8 Governing Law: Use of this Website and these Terms are governed by the laws of New Zealand, and by using the Website you agree to be bound by such laws. You agree to submit to the jurisdiction of the New Zealand courts with respect to the application of these Terms. Access and use of this Website from any other country is done at your own risk, and you are responsible for complying with the laws and regulations of the relevant jurisdiction.
10.9 Contact Information: Please direct all questions about these Terms, the Website, or AvFoil to firstname.lastname@example.org.