Terms of Service
The Terms of Service constitute a standard contractual agreement and they define general conditions as well as rules of the Agreement You and We enter into.
§ 1. For the following words and phrases which are used in the Terms of Service we adopt the following meaning:
1. We/Data Controller – AIR SPORTS PROMOTION LTD Company Number:10485334, 7 BELL YARD, WC2A 2JR LONDON, ENGLAND, e-mail address: firstname.lastname@example.org;
2. Terms of Service – the hereby document;
3. Website – https://www.traviader.com;
4. Software – a computer programme which You can download from Our external Website for charge and to which You can obtain a licence. The licence authorizes You to make use of the programme in compliance with the licence. We own economic copyrights to the programme;
5. Application – software which enables You to register flights and which makes the clients' application of the Service work properly;
6. Service – a service provided to You by Us by means of electronic communication and throught the Application and the Website. The Service is provided in compliance with binding law and provisions of the Terms of Service;
7. Service provider by means of electronic communication – provision of a service without Your and Our simultaneous presence (at a distance), by data transfer, at Your individual regest, being sent or received by means of electronic processing device, including digital compression or data storage, which is entirely conferred, received or/and transmitted through telecommunications network, in the meaning of the Act of 16th July 2004 r. – Telecommunications Law (in Polish: ustawa z dnia 16 lipca 2004 r. – Prawo telekomunikacyjne, published in Dz. U. No 171, item 1800 as amended);
8. Agreement – an agreement of provision of the Service concluded between You and Us in accordance with the Terms of Service;
9. You – each and every natural or legal person or an entity to which limited legal capacity is granted by binding law and who is capable of entering into the Agreement;
10. Consumer – each and every natural person entering into the Agreement which is not related to their business or professional activity;
11. Registration Form – a form filled in by You in order to register into our Website and Application;
12. Login/Username/Nick – Your unique identification name;
13. Password – a unique set of signs adjusted to Our technical requirements and chosen by You which is used to authorize access and secure Your account against unauthorized access of any Third party;
14. Account – a collection of information and settings saved in Our database for You, being a part of provision of Our services to You. in order to make access to Your account proper Login/Username/Nick and Password are required;
15. Account activation – this factual activity is necessary for the Agreement between You and Us to be concluded. In order to activate Your Account You need to click on the activation link sent to You by Us to Your email address;
16. Newsletter - an electronic bulletin which is sent by Us to those who agreed to receive it;
18. GPS – one of satellite navigating systems the aim of which is to provide You with information on Your localization;
19. email address – an active address of Your electronic mail account;
20. avatar – Your virtual image which is displayed so that other Customers could identify You;
21. cookie files/cookies - small textual information sent by the www server and saved by Us;
22. data – information concerning You or related to You;
23. personal data – information by means of which it is possible to identify You in a direct or indirect manner;
24. content – works as defined by the Act of 4th February 1994 on copyright and related rights (in Polish: ustawa z dnia 4 lutego 1994 r. o prawie autorskim i prawach pokrewnych, published in: Dz. U. 2006 No 90, item 631 as amended);
25. force majeure – an event caused by an accident or by the forces of nature which cannot be controlled or influenced by the Service Provider (such as fire, explosion, electricity breakdown, earthquake, flood, intense thunder and raining, turmoil, acts of civil as well as military authorities, war, terrorism (including cyberterrorism), by actions of the operators of telecommunications networks and by other unpredictable factors;
26. telecommunications networks – a combination of interrelated and cooperating IT devices and software which enable the following activities: data processing and storage as well as data sending and reception, via telecommunications networks, by means of a terminal device appropriate for a specific telecommunications network, as specified in the Act of 16th July 2004 – Telecommunications Law (published in Dz. U. of 2004 no. 171, item 1800 as amended).
§ 2. In order to make use of Our Service You need to read and accept the Terms of Service.
§ 3. If You want Our Service to work properly, You need to install Our Software. In order to do that You need to purchase a license to Our Application by means of an external Website (You can obtain the license and download the Application here: Google Play). Please read carefully the technical requirements described in § 9 of the Terms of Service.
§ 4. Our Software has no influence or effect on navigating systems used by airplanes or other aircrafts. However the use of Our Application is possible only if You have proper consent, of a carrier or a captain of an airplane or aircraft, to make use of mobile devices (like smartphone, tablet and alike) during flight and to make use of GPS.
§ 5. We inform You that from time to time even if Your GPS is turned on, Our Service and Application may work improperly due to external factors such as lack of GPS signal, too little available satellites, terrain obstacles, items or meteorological conditions.
§ 6. Geographical coordinates of airports or other navigational data cannot be applied in order to plan or/and make any flights or air activities.
§ 7. Our time zone is GMT +1.
§ 8. Terms of Service have become effective since 1st June 2014.
§ 9. The Application is designed for devices equipped Android operating system 2.2, 2.3 or/and 4.x.
§ 10. In order for the Application to work properly You need solely GPS. To send the data collected by means of the Application and related to Our Service You need to connect Your device specified in § 9 to the Internet with enabled Java Script service.
§ 11. In order for the Application to work properly You need to make use of a device connected to the Internet with enabled Java Script service and cookie files service (the cookie files are required to transfer the request by means of public telecommunication network and to provide the Service).
§ 12. If you want Our Service to work properly You need to make proper use of Our Application.
§ 13. If You need Our technical assistance, You should contact us by sending email at: email@example.com or/and by filling in a contact form which is available on Our Website: https://www.traviader.com/contact. The assistance is available from Monday to Friday (with the exception of holidays and non-working days in the Republic of Poland) from 10 a.m. to 3 p.m.
SCOPE AND TYPE OF OUR SERVICES
§ 14. By means of Our Application You may make use of Our Service in order to:
1. register a flight data (You may inter alia register the following data: departure airport, exact date and time of departure, arrival airport, exact date and time of arrival, flight span, distance between departure and arrival airports, maximal and average speed) in actual (real) time;
2. determine role played by You during the flight (a pilot, a passenger, a flight attendant);
3. download the content;
§ 15. Our Service enables You to:
1. edit information on a registered flight by downloading additional content or Your own comments;
2. make new acquaintances and communicate with other Customers.
§ 16. If You are Our Customer, the services are provided to You free of charge.
CONCLUSION OF AGREEMENT
§ 17. You are obliged to register into Our Website or Our Application if You want to enter into the Agreement with Us.
§ 18. During registration procedure, You have to provide Us with Your actual and true data (data which are factually and legally proper) such as Your personal data or email address. In case of any change of Your data, You have to correct the data stored on Your Account immediately.
§ 19. The Agreement is concluded once We activate Your Account and inform You on the fact by means of the email address You provided Us with during the registration procedure.
§ 20. The Agreement is concluded for an unlimited time.
YOUR RIGHTS AND OBLIGATIONS
§ 21. You are entitled to:
1. make use of Our Software in accordance with provisions of Terms of Service;
2. manage Your Account (e.g. edit Your data, edit Your privacy settings);
3. inform Us on Your ideas how to improve functioning of Our Service. All Your ideas are welcome. If You want to share them with Us, You should contact Us at: https://www.traviader.com/contact;
4. ask Us for technical assistance and ask questions;
5. submit claims;
6. retract from the Agreement within 14 days since its conclusion;
7. resign from the Agreement at any time.
§ 22. You have to:
1. make use of Our Website and Application and services accessible by means of Our Website or Application in the manner:
a. which is legal according to binding applicable law;
b. which remains in compliance with provisions of the Terms of Service as well as their purpose and social manners;
c. which does not cause any hindrances or/and disturbance to functioning of the Website, Application or Services. In particular You have to refrain Yourself from downloading malicious code willfully.
2. make use of the data You are authorized to make use of;
3. check whether You meet the technical requirements determined in §9 – 12 of the Terms of Service as well as those specified in § 4 and 5 herein, whenever You want to make use of Our Services;
4. YOU MUST NOT USE OUR SOFTWARE, WEBSITE OR SERVICES FOR THE PURPOSES OF A TERRORIST ATTACK, ACTS OF SUBVERSION OR ANY OTHER CRIMINAL ACTIVITY. YOU MUST ALSO REFRAIN YOURSELF FROM ANY INFRINGEMENTS, IN PARTICULAR FROM DOWNLOADING ANY CONTENT CONTAINING THREATS OR ABUSIVE PHRASES AS WELL AS ANY CONTENT WHICH PROMOTES RANCOR TOWARDS THIRD PARTIES OR WHICH PERSECUTES THEM IN ANY WAY. YOU MUST NOT DOWNLOAD VULGAR, INDECENT, OFFENSIVE, ABUSIVE CONTENT. YOU MUST REFRAIN YOURSELF FROM DOWNLOADING ANY CONTENT WHICH INFRINGES OR MAY INFRINGE PERSONAL RIGHTS OR ANY OTHER RIGHTS OF THIRD PARTIES. YOU MUST NOT DOWNLOAD ANY CONTENT WHICH MAY INDUCE OTHERS TO COMMIT CRIME, WHICH CONTAINS ADVERTISEMENTS OR SPAM.
5. Your rights and obligations resulting from the Agreement may not be transferred onto any Third Party without Our knowledge and consent. You cannot transfer/sell/give Your Account to any Third Party. We reserve to Ourselves the right to create Accounts and to provide Our Services to every new Customer.
OUR RIGHTS AND OBLIGATIONS
§ 23. We have the right to:
1. inform You about new functions of Our Services by means of telecommunications networks;
2. introduce technical breaks in order to maintain, modify or/and modernize Our Services, Website and Application;
3. disable access Your Account if You infringe the provisions of the Terms of Service and You do not explain the reasons for doing so;
4. resign from the Agreement at any time.
§ 24. We promise to do Our best so that Our Services are provided duly and without any breaks.
§ 25. You and only You are liable for Your actions related to the use of Our Software, Website and Services.
§ 26. We are not liable for:
1. Your data (with which You provided Us during the registration procedure) being improper or/and illegal;
2. You not having access to the Internet or having the access limited;
3. You not having proper, strong GPS signal or having the access to it limited in the manner which makes it impossible to make proper use of Our Service;
4. Limitations or/and improper functioning of Your software (e.g. operating system) or devices if we have no influence on them;
5. Your content;
6. any damages or losses which You experience due to Your password disclosure which is a result of Your faulty actions;
7. any damages or losses which You experience due to Your actions or negligence or actions or negligence of a Third Party and which are influenced by You;
8. any damages of losses which You experience due to Your infringement of binding law or the Terms of Service and as a result of Your Account being disable accessed;
9. any damages or losses which You experience resulting from force majeure;
10. any damages or losses which You experience resulting from Your data being disclosed to entities who are entitled to access and process Your data according to binding law on data processing;
11. any damages or losses which a Third Party experiences due to Your actions or negligence and on which We have no influence;
12. any damages or losses which You or a Third Party experience as a result of Your infringements of the provisions of the Terms of Service or resignation from the Agreement.
§ 27. We have no influence nor control over the scope and strength of GPS singal as well as the way You manage Your Account. We do not verify/ monitor/modify Your data or the way You make use of Our Services.
§ 28. There might be links redirecting You to Third Party Websites. The Websites are owned by their controllers/moderators or service providers. We are not responsible for the accessibility of the Websites.
§ 29. If you want to submit a claim, You can do so within 30 days upon notice of a damage (e.g. faulty functioning of Our Website). You need to fill in a contact form available at: https://www.traviader.com/contact. Please provide us with Your login and detailed description a fault (exact time and place o its appearance would be very helpful).
§ 30. We promise to settle Your complaint as soon as possible.
§ 31. The date of a claim submission is the date when We receive Your claim.
DISSOLUTION OF THE AGREEMENT
§ 32. We and You together can dissolve the Agreement at any time with the immediate effect.
§ 33. If You want to dissolve the agreement, You need to log onto Your Account and choose the "remove" option. Upon reception of Your request to remove the Account, we will send You an email in which we will ask You to confirm the request by clicking on the attached link. Once You click on it, the Agreement is dissolved.
§ 34. If We want to resign from the Agreement, We will send You an email.
§ 35. Dissolution of resignation from the Agreement result in discontinuation of provision of Our Services, removal of Your Account as well as all content and data downloaded by means of it.
§ 36. Our Application, Website and Services are construed in the manner which protects Your privacy.
§ 37. When You register into Our Website You may provide Us with the following data: nick/login, email address, nationality, place of residence and image. Only We can see Your email address.
§ 38. We do our best to secure Application, Website and Services against any unwanted incidents. We recommend that You:
1. use security software which can protect the device connected to the Internet and of which You make use, and which can protect Your data;
2. refrain Yourself from making use of Our Services my means of public Internet connections (e.g. public WiFi) as well as of random devices;
3. do not save Your login and password in search engine;
4. do not use identical login and password;
5. do not set popular phrases (such as "admin", "qwerty" or "1234") as password.
§ 39. If You happen to notice any changes (e.g. interface modifications or strange announcements) on which We did not inform You, You should contact Our technical assistance board immediately.
§ 40. Your personal data is secured and protected against unauthorized access. Access to Your Account is encrypted.
§ 41. We process Your data:
1. in accordance with Polish legal regulations concerning personal data protection, in particular with the Polish Act of 29th August 1997 on personal data protection (Ustawa z dnia 29 sierpnia 1997 r. o ochronie danych osobowych, Dz. U. 2002 r. No 101 pos. 926 as amended) and related administrative acts;
2. and within the scope and purposes required to enter into, determine the content, make amendments, dissolve and duly realize the Agreement.
§ 42. We may process Your data (email address if it is considered to be personal data) when We are required to do so by binding law and if it is not contrary to human rights and liberties of a person whose data is processed. We may also process Your data in order to send You a newsletter (if You agreed to receive it).
§ 43. You may obtain access to Your data at any time. You may also modify or correct them at any time.
§ 44. We may disclose Your data or any other data to entities who are entitled to it by binding law (e.g. persecution authorities).
§ 45. We may remove Your data in the following cases:
1. dissolution of the Agreement;
2. Your consent being retracted or upon reception of legally acceptable objection to data processing;
§ 46. We inform You that on the basis of applicable legal regulations and within the term indicated therein We store Our Customers' data for purposes and within the scope of future claims that may arise between You and Us or if the applicable legal regulations oblige Us to do so (e.g. tax law regulations).
§ 47. We do not make Your personal data accessible to any entities apart from those specified in § 44.
§ 48. Acts of communication (e.g. messages) between Customers constitute private communication.
§ 49. Application as well as Website are subject to legal protection. We hold economic copyrights and related rights to them.
§ 50. You may make use of Our Software only on the basis of a license specified in it.
§ 51. You cannot make any use of Application, Website or Services which would infringe Our rights or rights of any Third Party. In case of any IP rights infringement, we will take proper action against the infringer.
§ 52. "TRAVIADER" is the name of Application, Website and Our Services. The name as well as the domain: https://www.traviader.com and the logo function coherently on the market and are used by Us and to identify Us, without any territorial nor temporal limitations.
§ 53. Without Our written consent, You nor any Third Party cannot disseminate the "TRAVIADER" name in any configuration or any other elements of Application, Website or Services in entirety or i parts.
§ 54. Our services consist of inter alia storage of Your data. Only We store the data and enable their transmission via the Internet.
§ 55. If any Third Party notices an infringement, they have to contact Our technical assistance bureau and send to them a reliable notice on the infringing character of the data made available by You. If so, We will inform You on the notice in order to clarify the situation and, if justified, We may disable access access to particular content by its removal.
§ 56. If You add/download any content, You grant to Us a non-exclusive license for the term of execution of the Agreement to make use of the content in the following manner:
1. save the content in the memory of an electronic device (e.g. computer), including telecommunications networks servers;
2. register and/or copy, permanently or temporarily, by any available technique, entirely or partly, in unlimited number of copies, in particular by means of every known typographic, digital, magnetic, printing, visual, computer method, in any system, form, size and any device or carrier, also as a part of carriers exchange, including printing, telecommunications networks and digital format;
3. make available to the public and/or privately as a part of provision of services by means of electronic communications, free of charge, regardless of territorial, temporal or language limitations;
4. disseminate to the public or privately by any transmission devices, cable and non-cable transmission which serves to transmit signs, signals, sound and/or vision, permanently or temporarily, in any technological manner, free of charge, at a place and time of Your or a Third Party choice;
5. place it on the Internet in the manner which makes it possible to download or send (upon request) freely the content by Customers or/and Third Parties.
§ 57. The Terms of Service is available at Our Website: https://www.traviader.com/terms-and-conditions. Upon Your individual request We may make the Terms of Service available to You in any other way of Your choice if You happen to have problems with displaying or reading it. If so, please contact our technical assistance bureau.
§ 58. We reserve the right to modify the Terms of Service. There is a date of becoming effective in every version of the Terms of Service.
§ 59. In the event of substantial modification of Terms of Service, We will inform You on the modification at least 14 days prior to the modification becoming effective. The notice will be sent to the Your email.
§ 60. If so, You may dissolve the Agreement until the modifications become effective. If You do not let Us know that You wish to dissolve the Agreement or You do not dissolve the Agreement, We assume that You agree on the services being provided to You in compliance with the new Terms of Service.
§ 61. Modification of the scope of services or their kind which remains in compliance with the Agreement does not constitute a substantial modification of the Terms of Service.
§ 62. In case of any subject matters not being covered by the Terms of Service, Polish law is applicable. In the event of the Agreement being concluded between a Customer and Us, We also abide by specific provisions concerning consumers' protection.
§ 63. In the event of any provision of the Terms of Service being declared to be null and void by the court, the other provisions remain effective.
§ 64. We are prone to solve any disputes in an amicable manner.
§ 65. All disputes between You (if You are not a Customer) and Us will be solved and decided by the court of the Our place of residence.
§ 66. Attachments to the Agreement constitute an integral part of the Agreement.