The AvBrief Service - Terms and Conditions of use

Terms:
"AvBrief" shall mean Aviation Briefing International Ltd.
"Site" shall mean the AvBrief website and any of the services provided therein.
"Terms of Use" shall mean the Terms and Conditions of Aviation Briefing International Ltd relating to the use of the AvBrief flight briefing service.
"User" shall mean the user of the Service whether as an alpha or beta tester, receiving free access to the site or paying for the Service.
"Subscriber" shall mean a User of those parts of the Service that are available to those Users who have paid an amount of money for these added-value services.
"Member" shall have the same meaning as "Subscriber"
"Service" shall mean all information, data, images, and other things comprising the AvBrief Site
"Sign-up" shall mean the process of obtaining access to the Service
"Registration" shall mean contractually signing up to the AvBrief Service via the sign-up process.

General
By entering the AvBrief website and using any of the services provided therein you expressly agree to the following terms and conditions ("Terms of Use") as they are updated from time to time. The Terms of Use may be updated from time to time by Aviation Briefing International Ltd without notice to you. You can review the most current version of the Terms of Use by following the Terms and Conditions link from the avbrief.com home page. By completing the Registration process, you are agreeing to be bound by the Terms of Use.
To open an account you are required to complete the Registration process. During this process you will be provided with a password. You are solely responsible for maintaining the confidentiality of this password and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Aviation Briefing International Ltd of any unauthorised use of your password or account or any other breach of security.

Agreement
These Terms of Use shall constitute an Agreement between AvBrief and the User.

Confidentiality of Information
Information furnished by AvBrief to the User is intended for the User's sole and exclusive use and shall be considered proprietary information, ownership of which shall remain with AvBrief. The User shall be fully responsible for maintaining confidentiality of account access information and for all charges made to User's account.

Privacy
Please refer to AvBrief's Privacy Statement.

Use of the service
The User agrees that the AvBrief service shall be used solely for personal use. AvBrief reserves the right to refuse use of the service where there is a reasonable expectation that the User will use the service in association with commercial flight operations unless the User is a permitted User under the terms of a Commercial agreement with Aviation Briefing International Ltd. The User shall not directly or indirectly transmit, broadcast, redistribute, forward or deliver the Service or any part of the data, information, images or other products which constitute the service to any other person or entity, in any format, or by any means.

Operational use
The User understands and accepts that the dissemination of aviation meteorological data by means of the Internet cannot be guaranteed to be suitable for operational use. All material supplied is received by the User solely on this basis whether or not such disclaimer is printed on the material.

Authority to receive weather data
The User understands and accepts that the AvBrief Site may only be used by aviation users as defined in Annexes 4 and 15 to the ICAO Chicago Convention of 1944. The User also understands and accepts that provision of aviation meteorological data and briefing material by AvBrief to Users outside the United Kingdom can only be made subject to the approval of the National Meteorological Authority in each State concerned.

Web links
The AvBrief Site may include links to websites operated by parties other than Aviation Briefing International Ltd. These links are included for your convenience. Aviation Briefing International Ltd does not control nor is responsible for these websites, their content, their availability, or otherwise. Aviation Briefing International's inclusion of a link to these websites is not an endorsement of the material on these websites, either implied or otherwise. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

Trademarks
Regardless of any other provision herein, the trademarks of Aviation Briefing International Ltd and the AvBrief Service and of AvBrief's suppliers and partners shall not be used in any way by the User.

Trademark notice
AvBrief and other names of Aviation Briefing International Ltd products or services referenced herein are trademarks or registered trademarks of Aviation Briefing International Ltd. All third party trademarks are the property of their respective owners.

Copyright, storage and ownership of service
All information, data, images, and other things comprising the AvBrief service are to be considered copyrighted by Aviation Briefing International Ltd and they remain the sole and exclusive property of Aviation Briefing International Ltd. The User is authorised to use such for the purposes stated herein and to store such information during the time of the Agreement. The User may not store for future use such information beyond that period, nor develop a library of such information.

Events beyond the control of Aviation Briefing International Ltd
Aviation Briefing International Ltd shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of third party transmission intermediaries to perform, continue or renew their contractual arrangements with Aviation Briefing International Ltd nor inability to perform occasioned by such or by labour strife, war, riot or other events beyond the control of Aviation Briefing International Ltd. If the Service or delivery thereof is disrupted by any such event(s), Aviation Briefing International Ltd's obligations hereunder shall be suspended during the period of occurrence for such disrupting event(s).

Flight safety
The User is advised and informed that the CAA and other organisations publish and issue official notices, information, warnings, and bulletins and other communications. The User acknowledges the requirement to keep advised of same. AvBrief reminds the pilot that when acting as a commander of an aircraft under Article 38 of the ANO "shall reasonably satisfy myself that the flight can safely be made taking into account the latest information available."

International Ltd warranties
AvBrief has used its reasonable endeavours to ensure that information provided by AvBrief to the User is error free. Beyond this AvBrief gives no warranty that the information is accurate or fit for the purposes for which it is sought by the User, specifically:
    a. AvBrief relies upon information provided by third parties. AvBrief accepts no liability whatsoever for errors in that information which are reflected in information provided by AvBrief,
    b. AvBrief accepts no liability whatsoever for damage caused by the use of the information otherwise than in accordance with instructions provided by AvBrief, and
    c. AvBrief accepts no liability for any losses or damage caused by incompatibilities between the information and any hardware or software used by the User in connection with his use of the information.
Aviation Briefing International Ltd make no express or implied warranties or affirmations that weather will occur or has occurred as the reports, forecasts, graphics, data or information comprising the Service state, represent or depict and it shall have no responsibility or liability whatsoever to the User or any other person or entity, parties and non-parties alike, for any inconsistency, inaccuracy or omission for weather or events predicted or depicted, reported, occurring or occurred.

Limitation of liability
Save for AvBrief 's liability, if any, for death or personal injury, AvBrief's liability under this agreement shall be limited to the amount of the licence paid by the User in the current year of service to AvBrief up to the date that the loss arises.
AvBrief shall, in any event, only be liable for direct losses suffered by the User as a result of breach of these terms by AvBrief. AvBrief accepts no liability for any indirect, consequential, special or punitive losses whatsoever.
Choice of laws
This Agreement is governed by English Law. The User hereby consents to the exclusive jurisdiction and venue of the courts in England in all disputes arising out of or relating to the use of this Site.

Non assignability
Neither this Agreement nor any rights or obligation hereunder may be assigned by User.

Terms of service
This Agreement shall remain in effect beginning on signup and it shall remain and continue in effect unless one party from the other party receives 30 days written notice of termination. The prices and terms are subject to change upon notice by Aviation Briefing International Ltd to the User. Posting of such notice on the Site shall constitute notice. Termination of the Agreement does not give the User right to the value of the unexpired portion of the licence.

Written notice
Written notice of termination shall be provided in the following manner: email notification to accounts@avbrief.com or postal notification to Aviation Briefing International Ltd, P.O.Box 261, Clevedon, North Somerset, BS21 9DA

Renewal terms
The licence shall continue to renew annually until proper termination notification is received from the User.

Service contacts

For general queries emails should be sent to sales@avbrief.com. Specific questions or problems regarding the operation of our services should be sent by email to our Customer Care team at support@avbrief.com Our Customer Care team will handle your query including any complaint that you may have. If your complaint is not dealt with satisfactorily then the matter should be addressed to our Managing Director, email martin.moore@avbrief.com