Professionals.aero Terms and Conditions
By creating an Account with Professionals.aero, you acknowledge that you have read the following terms and conditions and that you agree to comply with them and with the pricing model terms and conditions.
We thank you for choosing to join the professionals.aero network.
We stay at your disposal at http://www.professionnals.aero/contact-us/ for any questions.
1.Definitions
Professionals.aero Terms and Conditions include the following definitions:
“Account” means the account you open when you register on the Professionals.aero Platform, whether as a Professional or User or as a Project Owner.
“Bidding Process” means the workflow and Data from the project publication to the contract award between the Professional and the Project Owner.
“Data” means all information, pictures, files or documents, pricing documents which are posted on the Professional or the Project Owner on the Platform.
“Intellectual Property Rights” means patents, trademarks, service marks, registered designs, domain names, applications for any of the foregoing, trade or business names, unregistered trademarks and service marks, copyrights, rights in date and databases, rights in designs and inventions, know-how, confidential information, rights under licenses, consents, orders, statute or otherwise in relation to any such rights and rights of the same or similar effect or nature, in any part of the world.
“PA T&C” means the Professionals.aero Terms and Conditions, as modified from time to time.
“Platform” means the websites operated by Professionals.aero and available at www.professionals.aero and any related services.
“Professional”, “User”, “You” or “Your” means an individual or a company who has created an Account.
“Project Owner”, means a Professional who publishes a project on the Platform.
“Real Profile” means a profile corresponding to a physical/corporate person identified by his/her/its name and contact details as well as his/her/its professional achievements.
“Use” means the personal access and use of the Platform, excluding any fraudulent use.
“User ID” means Your Data and credentials which enable You to Use the Platform.
2. Modifications of PA T&C
We reserve the right to change PA T&C at any time (including PA pricing model). The amended terms will take effect once they have been posted on the Platform. PA will undertake every effort to provide You with the changes by email or notification via the Platform.
By creating an Account, You agree to comply with any subsequent changes to PA T&C.
PA T&C have been last updated on 09.12.2016.
3. Scope
Professionals.aero (hereafter PA) has the mission to provide access to a marketplace for aviation and aerospace professionals.
The Platform enables Professionals to connect and collaborate to create value together.
4. Eligibility
Only Real Profiles can be created on the Platform.
To have the right to create and hold an Account on the Platform as a Professional, You shall comply with the following:
- be educated and competent to be part of a professional aviation and aerospace community with the objective to add value to these industries;
- be at least 18 years old or a legally incorporated company;
- be legally authorised or delegated to participate in a Bidding Process, either as a Professional or a Project Owner;
- be legally authorised or delegated to sign binding documents in Your name;
- using the Platform You are not infringing relevant laws and regulations applicable to Your local situation, in particular in term of labour and taxes requirements;
- You are not excluded by PA.
Users who violate any of PA T&C may have their Use of the Platform suspended or terminated, at PA’s discretion and without notice.
In any event, PA reserves the right to refuse the creation of an Account without justification.
5. Code of conduct Using the Platform
While using the Platform You shall:
- be honest, providing Real Profiles Data, project description and also during the Bidding Process;
- ensure confidentiality, i.e. the Data exchanged on the Platform shall not be disclosed to any third party unless agreed by the parties and PA.
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All PA Users undertake to not:
— - transmit, post, distribute, store or destroy material, including without limitation the Platform’s content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of PA’s privacy policy;
- take any action that imposes an unreasonable or disproportionately large load of Data on any PA Site’s infrastructure;
- use any device to navigate or search any PA Site other than the tools available on the Platform, generally available third party web browsers, or other tools approved by PA;
- use any data mining, robots or similar data gathering or extraction methods; including manual collection;
- violate or attempt to violate the security of any Platform including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- reverse engineer or decompile any parts of any Platform;
- aggregate, copy or duplicate in any manner any of the Platform content or information available on any Platform, including expired job postings, other than as permitted by PA T&C;
- frame or link to any Platform or information available from any Platform, unless permitted by PA T&C;
- post any content or material that promotes or endorses the false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by PA T&C, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
- post any resume or profile or project or apply for any job on behalf of another party;
- defer any contact from an employer to any agent, agency, or another third party;
- set more than one copy of the same resume to public at any one time;
- share with a third party any User ID to any Platform;
- access Data not intended for You or logging into a server or account which You are not authorized to access;
- post or submit to any Platform any incomplete, false or inaccurate biographical information or information which is not Your own;
- post content that contains restricted or password-only access pages, or hidden pages or images;
- solicit passwords or personally identifiable information from other Users;
- delete or alter any material posted by any other person or entity;
- harass, incite harassment or advocate harassment of any group, company, or individual;
- send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any Users that have specifically requested not to be contacted by You;
- attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Platform, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
- promote or endorse an illegal or unauthorized copy of another person’s work including Intellectual Property Rights, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
- use the Platform for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by PA’s discretion.
- publish a CV other than a real CV to promote products or services. A real CV is defined as a CV corresponding to a physical person identified by his/her name and contact details as well as his/her professional achievements.
- selling sponsor or monetize PA services or part of it, Platform functionalities or part of it, as well as contents of Platform without prior written approval from PA.
- using any means to prevent, slow down or alter advertisement publication set by PA
- exchange between users or publication of personal or business contact (e.g. phone number, e-mail address, website,…), except with the prior approval of PA.
6. Intellectual Property Rights infringement
PA gives high importance to Intellectual Property Rights and will take any appropriate action in case of violation of its own Intellectual Property Rights.
The opening of an Account on the Platform does not grant the Professional or the Project Owner any Intellectual Property Rights (other than the rights conferred by PA T& C), especially on PA’s trademarks and PA’s know how.
PA cannot be responsible for User infringing any other Professional or third party Intellectual Property Rights when opening an Account, and/or delivering a contract. Upon notification of such event, PA will then close the Account but reserves the right to claim financial losses that may occur.
7. User ID
Your User ID is made up of Your Username and password.
They allow You to access Your Account and Use our services.
The Username is the one You provide when subscribing to our services. The password is chosen by You when subscribing to our services. It is possible to change it at any time. If You forget it, a new password can be generated by clicking on the “forgot password?” tab visible on the login page.
We advise You to protect Yourself against any indiscretion by selecting Your User ID with a sufficient level of security.
You are required to keep Your password secret and not disclose it to anyone. If disclosed to a third party, You are responsible for all activities of the third party on Your account.
8. Liability
The availability and Use of PA services are made on an “as is” basis and at Your risk.
PA does not guarantee that the Use of PA services will be uninterrupted or error free. However, PA strives to make its services available at all times. Among other things, the operation and availability of systems used to access PA services, including public telecommunication, computer networks, and the Internet can be unpredictable and may occasionally interfere with or prevent access services. PA assumes no liability in case of failure or interruption, capacity limitation of bandwidth, or any other cause external to PA services.
PA only operates the Platform and does not take any liability, warranty or any obligation for the content of contracts concluded between the Professionals and services or products delivered between the parties.
You remain the one and the only responsible for your actions and for the contents (texts, images, sounds etc.) of your Data.
9. Taxes
The Professional understands to be fully and solely responsible for complying with its own national/local tax regulations and agrees to comply with them accordingly. PA shall not be responsible for any tax claim related to User’s contract delivery.
10. Platform charges and pricing model
The Use of the Platform is charged in accordance with the pricing model terms and conditions, published on the Platform. The pricing model terms and conditions are available at http://professionals.aero/pricing-model/
11. Currency
The reference currency is the US Dollars ($).
Users shall convert their proposal or project value by using a reasonable exchange rate at the time of entering a price on the Platform. PA reserves the right to challenge and request a price to be corrected if it appears to be wrongly calculated.
12. Fees
PA’s fees are based on the reference prices as displayed on the Platform by the Professionals. Payment terms are available in the pricing model terms and conditions.
13. Account management
You give the right to PA to access and correct Your profile and projects Data to ensure quality and preserve the reputation of the Platform.
PA reserves the right to close an Account that does not comply with PA T&C.
An Account without activity during six (6) consecutive months may also be closed by PA.
14. Privacy and data protection policy
Privacy and Data protection are governed by the “Swiss federal act for data protection” available under:
https://www.admin.ch/opc/en/classified-compilation/19920153/index.html
Any information and Data posted by You on the Platform shall remain at all times Your property. PA shall not be responsible for the legality of the content thereof.
The Data are collected and processed for the only purpose of the Platform and PA services. The Data are currently stored in the Netherlands. PA ensures strict confidentiality of Your data and Your User ID. PA shall take all reasonable measures to preserve the integrity and prevent any corruption or loss, damage or destruction of Your Data.
By subscribing to PA services, You agree to the transfer, collection, processing and storage of Your Data for the sole purpose of Using PA services. No transfer will be made to third parties unless PA has a justification according to applicable law.
In the event You unsubscribe to PA services or in the event where Your Use of the Platform is terminated, PA shall immediately and permanently erase all information and Data posted by You on the Platform. Such Data will not be recoverable in the event you want to reopen and Account.
You understand and agree that Your Data are not limited to be stored, processed and viewed only in Switzerland, as the Platform operates worldwide.
PA shall not be held responsible for the loss and deletion of Your Data.
15. Governing law and disputes
PA T&C shall be interpreted in accordance with, and any dispute shall be settled in accordance with, the laws of Switzerland.
The first level of resolution between the parties shall be established with the nomination of representatives on both sides to find a solution to a dispute within ninety (90) calendar days from the notification by one of the parties to the other of the dispute.
If no agreement can be found, the parties hereby consent to the exclusive jurisdiction of the competent courts of Geneva, Switzerland.
