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Terms and Conditions (version 2.1, 12 October 2003)
About these Terms and Conditions
These Terms and Conditions comprise the entire agreement between e-Logbooks Limited and you, and supersede any prior agreements with respect to the subject matter herein.
e-logbooks Limited reserves the right to modify these Terms and Conditions of service at any time.Our Service
e-logbooks provides a range of web-based services to trainee and qualified pilots, flight schools, air transport operators and aircraft syndicates.
e-logbooks is a trading name of Vouchers4all Limited, 55 Icen Way, Dorchester, Dorset DT1 1EW. Registered in England and Wales no. 10026630Registration
Registration with e-logbooks for pilots is free.
Upon registration with the e-logbooks service you agree to be added to the e-logbooks mailing list which is used exclusively for communication between e-logbooks and its members. After registration you may remove yourself from the mailing list at any time by visiting the mailing list administration site.
Terms of payment
Certain e-logbooks services require payment. These services are only available to members who have registered with e-logbooks, are logged in, and who have sufficient credits to pre-pay for the requested service.
Purchased credits may only be used to pay for services offered through the e-logbooks site.
Credits may only be purchased online through the e-logbooks gateway using a valid credit or debit card.
The cost of credits is stated in the price list within the e-logbooks website. These prices include VAT and any other applicable taxes. e-logbooks may vary any or all prices as deemed necessary.
The cost (in credits) of any chargeable service is clearly marked alongside the service. In addition, a complete list of all charges can be found on the help page. If you do not wish to be charged for the service that you have selected, you must not complete the transaction.
Credits may be irrevocably transferred between selected e-logbooks members. e-Logbooks Limited may make a variable charge for this transfer service.
Credits may not be transferred to non-members of e-logbooks or any other third party.
Certain service selections, which negate an earlier service selected by the same member, may result in a partial or full refund of the member's original e-logbooks credit charge. Such refunds will be paid only in e-logbooks credits and only into the member's existing e-logbook account.
Refunds for chargeable services selected in error will be made as e-logbooks credits at the discretion of e-logbooks management.
Under no circumstances will outstanding e-logbooks credits (whether purchased in error or deliberately) be returned as cash or equivalent to the member or to any other third party.
At its discretion, from time to time and for a limited period, e-Logbooks Limited may offer free bonus credits to one or more members according to the specific terms and conditions of any offer.
Where fraudulent use of a credit or debit card to purchase e-logbooks credits can be proven to the satisfaction of e-Logbooks Limited, a credit or debit card refund will be made available to the member.
Short Message Service
e-logbooks will use its reasonable endeavours to provide a prompt Short Message Service but will not be liable for any loss of earnings or data resulting from delays, non-deliveries, missed deliveries of messages or service interruptions caused by events beyond its control, or by errors or omissions of the member.
Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into this contract by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will e-logbooks be liable for any economic, indirect or consequential loss.
The member recognises that the Service may from time to time be adversely affected by local geography topography and/or atmospheric conditions and/or other causes of interference and/or network coverage of his chosen Cellular Network and/or other event that is outside the control of e-Logbooks Limited.
You acknowledge that e-logbooks may include various interactive areas, including but not limited to member bulletin boards. These interactive areas allow feedback to e-logbooks and real-time interaction between members. You further understand that e-Logbooks Limited does not control the messages, information, or files delivered to such interactive areas and that e-Logbooks Limited may offer you and other members the capability of creating and managing an interactive area. However, neither e-logbooks, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for content within any interactive area. Your use and/or management of an interactive area will be governed by this agreement and any additional rules or operating procedures of any interactive area established by you or another member, as applicable. You recognise that e-Logbooks Limited cannot, and does not intend to, screen communications in advance. Moreover, because e-Logbooks Limited encourages open and candid communication in the interactive areas, e-Logbooks Limited cannot determine in advance the accuracy or conformance to this agreement of any content transmitted in an interactive area. e-Logbooks Limited is not responsible for screening, policing, editing, reviewing or monitoring any content in an interactive area. Notwithstanding the above, you agree that e-Logbooks Limited has the right to monitor any interactive area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the interactive area, or to protect itself or other members. If notified of content that is alleged not to conform to this Agreement, e-Logbooks Limited may investigate the allegation and determine in its sole discretion whether to remove or request the member to remove such content. e-Logbooks Limited reserves the right to prohibit conduct, communication or content within an interactive area, or to edit, refuse to post, or to remove any content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this agreement or any other standard, written e-Logbooks Limited policy in effect at that time, (ii) be harmful to the rights of any member, e-Logbooks Limited, or other third parties, (iii) violate applicable law, or (iv) be otherwise objectionable.
Intellectual Property Rights
You acknowledge that content on e-logbooks is generally provided by e-Logbooks Limited, individual contributors of content, third party licensees, and/or other members. You acknowledge that e-logbooks permits access to content that is protected by copyrights, trademarks, and other proprietary Intellectual Property Rights, and that these rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that e-Logbooks Limited owns a copyright in the look and feel, i.e., the selection, co-ordination, arrangement and presentation of such content.
You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the content, (ii) print one copy of each piece of content. Any permitted copies of content must reproduce in an unmodified form any notices contained in the content, such as all Intellectual Property Right notices, and an original source attribution to e-Logbooks Limited and its URL address. You acknowledge that e-Logbooks Limited, its contributors, and/or members remain the owners of the content and that you do not acquire any Intellectual Property Rights by downloading or printing content.
Content provided by the member
You may upload to any interactive area or otherwise transmit, post, publish, reproduce or distribute, on or through e-logbooks only content that is not subject to any Intellectual Property Rights, or content in which any holder of Intellectual Property Rights has given express authorisation for distribution over the Internet and on e-logbooks, without restriction whatsoever. Any content submitted with the consent of a copyright owner other than you should contain a phrase such as "Copyright owned by [name of owner]; Used by Permission." By submitting content to any interactive area, you automatically grant and/or warrant that the owner of such content, whether it be you or a third party, has expressly granted to e-Logbooks Limited the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such content. You also permit e-Logbooks Limited to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such content. You also permit any member to access, view, store and reproduce the content for personal use.
Third party Links
You understand that except for content, products or services expressly available at e-logbooks, neither e-Logbooks Limited, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any content, goods or services available through sites on the Internet linked to or from e-logbooks. All such content, goods and services are made accessible on the Internet by independent third parties and are not part of e-logbooks or controlled by e-Logbooks Limited. e-Logbooks Limited neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any content, goods or services available on any site linked to or from e-logbooks, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither e-Logbooks Limited, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available on any site linked to or from e-logbooks or your inability to access the Internet or any site linked to or from e-logbooks.
Disclaimer of Warranties
It is the policy of e-Logbooks Limited not to endorse or oppose any opinion expressed by a member or content provided by a member or other independent party. YOU EXPRESSLY AGREE THAT YOUR USE OF E-LOGBOOKS IS AT YOUR SOLE RISK. NEITHER E-LOGBOOKS LIMITED NOR ANY OF ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR OTHER SUPPLIERS PROVIDING CONTENT, DATA, INFORMATION OR SERVICES WARRANTS THAT E-LOGBOOKS OR ANY INTERNET SITE LINKED TO OR FROM E-LOGBOOKS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE INTERACTIVE AREAS, OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF E-LOGBOOKS OR ANY INTERNET SITE LINKED TO OR FROM E-LOGBOOKS OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY, AVAILABILITY, OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH E-LOGBOOKS OR ANY SITE LINKED TO OR FROM IT. E-LOGBOOKS IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL E-LOGBOOKS LIMITED, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM THIS AGREEMENT, E-LOGBOOKS, OR ANY INTERNET SITE LINKED TO OR FROM E-LOGBOOKS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL E-LOGBOOKS LIMITED, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN E-LOGBOOKS OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM E-LOGBOOKS. THE CONTENT WITHIN E-LOGBOOKS AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM E-LOGBOOKS MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW VERSIONS OF E-LOGBOOKS AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. E-LOGBOOKS LIMITED AND ITS CONTRIBUTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT E-LOGBOOKS LIMITED IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, FRAUDULENT, OR OTHERWISE ILLEGAL CONDUCT OF ANY MEMBER. IF YOU ARE DISSATISFIED WITH ANY E-LOGBOOKS SITE CONTENT, OR WITH THE ACCESS AGREEMENT OF E-LOGBOOKS LIMITED, IN WHOLE OR IN PART, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING E-LOGBOOKS.
You agree to indemnify and hold e-Logbooks Limited, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of e-logbooks or any Internet site linked to or from e-logbooks, or in connection with the transmission of any content on e-logbooks.
e-Logbooks Limited reserves the right to suspend or terminate your service immediately if in its judgement it finds you in breach of any of the Terms and Conditions laid out herein.
The only right with respect to dissatisfaction with any policies, guidelines, or practices of e-Logbooks Limited in operating e-logbooks, or any change in content, is for you to discontinue accessing e-logbooks.
e-Logbooks Limited may terminate or temporarily suspend your access to all or any part of e-logbooks, without notice, for conduct that e-Logbooks Limited believes is a violation of this agreement or any policies or guidelines posted by e-Logbooks Limited, or for other conduct which e-Logbooks Limited believes, at its sole discretion, is harmful to e-logbooks or other members.
e-Logbooks Limited may discontinue operating e-logbooks on 10 days written notice to the member at any time for any reason at its sole discretion. In the event of termination, you are no longer authorised to access e-logbooks, and the disclaimers and limitations of liabilities set forth in this agreement shall survive.