FlightSpace

Terms and Conditions

Terms and Conditions



General information

  1. These Terms and Conditions set out the terms on which you may make use of the Website, including the rights and obligations of Users, the applicable Data protection policy, and the liability of Flightspace.

  2. Users know and accept that their use of the Website (wholly or partially) depends on their acceptance of all terms of these Terms and Conditions and of the Privacy Policy. Users reluctant to accept the abovementioned regulations are advised to cease using the Service

Definitions

Primarily, all capitalised expressions and other terms included and used in these Terms and Conditions will have the following meanings:

  1. "Data" means personal data as this term is defined in the Personal Data Protection Act of 29 August 1997.

  2. "Flightspace" means administrator of the Website doing business as Flightspace sp. z o.o. of Poznań, registered address: ul. Bukowska 285, 60-189 Poznań; taxpayer identification number (NIP): 7792361526; statistical code (REGON): 301173450; registered with National Court Register, registered company number: KRS 0000334276; registration court: Poznań Nowe Miasto i Wilda District Court, 8th Business Division of National Court Register; share capital: PLN 20,000.00. e-mail address: office@flightspace.eu ,

  3. "Consumer" means any individual who enters into a legal transaction with an enterprenuer that is not directly related to his or her business or professional activity.

  4. "Profile" means a part of the Website with a collection of personal information associated with a specific User, and where Users can post and manage their Content.

  5. "Terms and Conditions" means these Terms and Conditions.

  6. "Website" means the Flightspace website (i) to which you are directed by the flightspace.eu domain name tool, and (ii) through which Users primarily make use of Services.

  7. "Agreement" means the agreement for provision of Services.

  8. "Content" means any Website content, including information, ideas, opinions, photographs, audiovisual works or other messages, transmissions or material.

  9. "Services" means any services provided via the Website, without the parties being simultaneously present and at the individual request of a User, by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received over the Internet, including without limitation: provision of on-line space or enabling information technology tools to post, view and analyse Content, find other Users, exchange communications or opinions, take part in discussions, make new friends and carry out other activities which are allowed by the Website.

  10. "User" means a person using the Website after setting up their Profile.

  11. "Registration User" means a User who has a Profile



Registration. Use of Website

  1. Before you can use the Website, you must first register and set up your Profile. You need to provide the following particulars for registration purposes:

    1. name;

    2. surname;

    3. e-mail address; and

    4. password.

  2. A single person may only have one Profile at any given time.

  3. As a User, you represent that:

    1. the Data you have provided in the registration form are true to the facts;

    2. the Data and information concerning third persons have been provided lawfully, voluntarily and with such parties’ consent;

    3. you are aware of our right to delete any Content you post on the Website which is against public morals and applicable provisions of law, including without limitation copyright law;

  4. As a User, you are responsible for keeping your password secret. We urge you to use "strong" passwords when registering with our Website, using a combination of letters, digits and special signs.

  5. Please notify us whenever you suspect any unauthorised attempt to use your Profile or access your password.

  6. Where these Terms and Conditions are infringed, the infringing User’s Profile may be locked or deleted. Before that happens, the User concerned will be sent an electronic notice.

  7. Some of the Services’ features are available solely after logging into the Services and providing alle the necessary information, as appropriate. Users creating their Profiles are obliged to accept Terms and Conditions as well as the Privacy Policy and thereby they conclude a contract regarding "the provision of services", for an indefinite period.

  8. The Profile may not be marketed. The duration of any potential contractual commitments from the User, covers at least the duration of the Contract. After the provision of the contractual services, at the explicit request of the User, the right to withdraw from the Contract, discussed in §11 below, shall expire.

  9. The use of the Services is available providing that the User (respectively): a) is of the legal age and is not incapacitated in any way; b) is at least 13 and has the consent of his or her legal representative entitling him or her to enter into legal transactions while using the Services; c) is fully entitled to represent the Subject, on whose behalf the Profile is creating and his or her entitlement has not expired, been repealed or limited in any way.

  10. The Registered User is obliged to: a) keep all the personal data regarding the Profile confidential, b) limit the third party access to User’s terminal equipment.

  11. The Services offers, among the others, the following features: [***].

  12. Flightspace shall be responsible before the User as before the Consumer regarding any legal or material defects in provided services (the warranty).

  13. A material defect regards the lack of conformity between the service and the Contract. The service is not conforming to the contract especially when:

    a) Does not have qualities of such services, regarding the purpose defined in the Contract or resulting from the circumstances or purpose;

    b) Does not have qualities ensured by Flightspace in samples or specimen;

    c) Is not fit for the purpose which the User requested while signing the Contract and Flightspace had not risen any objections to such a purpose

    d) Has been delivered to the User incomplete.

Website content and proprietary rights

  1. User is solely responsible for any Content through the Website. Users will also be solely responsible for any other material and information they provide to other Users and for their relationships with other Users.

  2. Users are reminded that by using our Website they may be exposed to Content that can be imprecise, offensive, indecent or unacceptable for other reasons.

  3. Users who are not Consumers hereby agree to renounce any rights and remedies under law that they may have against Flightspace in relation to any Content that is mentioned in subpara. above.

  4. After posting their Content through the Website, Users will continue to retain any such rights as they may have in their Content and can control its accessibility via appropriate Privacy settings.

  5. By posting their Content on the Website, Users grant Flightspace a licence to use any content elements that make up a work for the purposes of the Copyright and Neighbouring Rights Act, said use to involve any such fields of use as may exist at the time that relevant Content is posted on the Website, including without limitation: (1) fixation and reproduction of a work and making its copies using such technologies as printing, reprography, magnetic recordation and digital techniques; (2) as regards distribution of the original copy or other copies in which a work is embodied: distribution, loan for use or rental; (3) as regards dissemination of a work otherwise than as specified in point 2: public performance, showing, projection, communication and broadcasting or re-broadcasting, and also making a work publicly available so that anyone can have access to it at a place and time of one's own choosing. The licence does not cover such rights as the right to one’s own image.

  6. The licence which the User grants to Flightspace is non-exclusive, worldwide, royalty-free and sublicenseable (on condition that its terms are accepted). The licence is granted for a term of five years, such term to be counted separately for each element of the licensed Content (from the moment it is posted on the Website). For the avoidance of doubt, by using the Website Users agree and accept that, after initially accepting these Terms and Conditions, no additional acts or declarations are required to be made by the User for the licence to be granted upon the terms and conditions described herein.

  7. By using our Website, you give us your consent to place advertisements on it in collaboration with our partners and third parties.

  8. The Website may provide links to other websites which are outside the control of Flightspace. Because we have no control over third-party content, privacy policies or practices, we are not responsible for them.

  9. You acknowledge and recognise that Flightspace is not responsible for the availability of external websites or resources and does not endorse any advertising, products or other materials on or available from such websites or resources.

  10. You also acknowledge and recognise that we are not liable for any damage or loss you may suffer in connection with the availability of external websites or resources or in connection with reliance on completeness, accuracy or existence of any advertising, products or other materials on or available from such websites or resources.

  11. The limitations of liability provided for in this paragraph do not apply to Users who are Consumers to the extent such liability is attributable to Flightspace.

Restrictions on your use of our Website

  1. Users are strictly prohibited from providing any unlawful Content to the Website. For the avoidance of doubt, it is strictly prohibited to use the Services to provide any details revealing race or ethnic origin, political opinions, religious or philosophical beliefs, religious, party or trade-union membership, as well as information concerning the health condition, genetic code, addictions or sexual life and information about convictions, rulings, fines and any other decisions issued in court or administrative proceedings- if abovementioned details have not been made public previously by the person whom they concern.

  2. By using our Website, Users agree that they will not submit or transmit as part of the Website any Content or links to websites which violate the rights, interests or dignity of any third parties, or which incite to racial, ethnic, religious or cultural hatred, or which promote pornography or violence, or which are generally considered to be morally and socially objectionable.

  3. We at Flightspace intend to enforce compliance with these Terms and Conditions. Therefore, if we find out that anything that makes up or constitutes an element of Content violates or may violate these Terms and Conditions, we are entitled to (without prejudice to any other rights we may have) use any technical, legal, operating or other measures available to Flightspace to enforce compliance with these Terms and Conditions, including without limitation blocking specific IP addresses or deleting Profiles. Users who are consumers will be notified of such measures.

  4. In particular, Users are prohibited from:

    1. collecting, processing and distributing other Users’ personal particulars or other Users’ Content without their express consent;

    2. obtaining access to and using other Users’ Content and parts of the Website for commercial purposes;

    3. impairing or disturbing the functioning of the Website;

    4. destroying, modifying, deleting, damaging or hindering access to other Users’ Profiles;

    5. using or introducing to the Website any viruses, bots, worms or any other computer code, files or programs;

    6. transmitting chain-letters and spam.

Protection of rights

  1. We respect the intellectual property of others and require our Users to do the same. Therefore, users may not upload to the Flightspace server, embed, post, e-mail, transmit or otherwise make available any material that infringes intellectual property, including copyright.

  2. Users who believe that their work has been unlawfully posted on the Website in a manner that constitutes infringement of copyright or other rights may send our Copyright Representative a notification of claimed infringement, such notification to include the following information:

    1. identification of the protected work that the User claims to have been infringed;

    2. identification of the material infringing copyright or other rights and sufficient information to allow Flightspace to locate such material on the Website;

    3. information to permit Flightspace to contact the User (address, telephone number, e-mail);

    4. your statement that you have a good-faith belief that the use as referred to above is not authorised, whether by the person having the rights to the work concerned or by the law;

    5. your statement that the above information in your notification is accurate, and that you are either the holder of the infringed rights or are authorized to act on such holder's behalf;

    6. User's handwritten or electronic signature.

  3. Please send your notification under subpara. to:
    Copyright Representative (Przedstawiciel ds. Praw Autorskich)
    Flightspace Sp. z o.o.
    ul. Bukowska 285, 60-189 Poznan, Poland
    or by e-mail to: copyright@flightspace.eu

  4. A User may request restoration of Content on the Website if its removal infringed the User’s rights to such Content.

Privacy

Any information or Content which you post on the Website is governed by our Privacy policy which describes how Data are managed and processed. Our Privacy Policy is part of these Terms and Conditions. Please review our Privacy Policy to learn how to use our Website in a safe manner.

Disclaimer of warranties

  1. Users are responsible for their use of the Website and accept that the Website is offered on an "as is" basis. Therefore, we at Flightspace make no warranties and representations in that regard.

  2. Without limiting the generality of the foregoing, Flightspace makes no warranties or representations to the effect that your use of our Website will meet your expectations or that it will be uninterrupted, timely, secure or error-free.

  3. The above limitations of the liability of Flightspace do not apply to Users who are Consumers.

ALL INFORMATION CONTAINED HEREIN IS INDICATIVE ONLY AND MAY NOT REPLACE OFFICIAL DOCUMENTS FROM AVIATION AUTHORITIES WITH JURISDICTION OVER ANY GIVEN ADMINISTRATIVE AREA, AIRCRAFT FLIGHT MANUALS, INFORMATION FROM METEOROLOGICAL SERVICES OPERATING WITHIN A GIVEN AREA, OR AIR NAVIGATION SUPERVISORY AUTHORITIES. FURTHERMORE, THE INFORMATION CONTAINED HEREIN SHOULD NOT BE RELIED ON AS GUIDANCE DURING ANY AIRCRAFT OPERATIONS.


Limitation of liability

  1. Flightspace shall not be liable to Users or any third parties for any damages, lost profits, data, loss of goodwill or reputation or any other intangible loss which may be caused by:

    1. access to or use of, or inability to access or use, the Website;

    2. conduct of third parties or Content provided by third parties, including without limitation any defamatory, offensive or unlawful conduct of other Users or third parties;

    3. downloading Service content;

    4. unauthorised access, use, or modification of Content or Data to the extent it is the result of User’s non-compliance with these Terms And Conditions;
      whether or not Flightspace has been informed or should have been aware of the possibility of such damage.

  2. The above limitations of the liability of Flightspace do not apply to Users who are Consumers.

Complaints

  1. Registered Users are entitled to file complaints where Services are not performed or if Services are not performed in a due manner.

  2. A complaint should include the following:

    1. User’s name and surname and its address of residence or User’s business name and registered office address;

    2. description of what the complaint is about, including a period it relates to;

    3. description of circumstances that justify the complaint, including attachments of all documents and information that support your claims under the complaint;

    4. execution date of the Agreement;

    5. where User demands their payment, the amount of damages or other receivables, subject to relevant provisions of these Terms and Conditions;

    6. where User demands payment of damages or other receivables, the bank account number and relevant address to make payment of damages or other receivables, or a request to have those counted towards future payments;

    7. where a complaint is made in writing, the User’s signature.

  3. Where a complaint fails to meet the requirements of subparagraph 2 above, and Flightspace deems it necessary to process the complaint properly, Flightspace will request the User to rectify the complaint within a period of at least seven days. In its request, Flightspace will specify what is to be rectified and instruct the User that the complaint will not be considered if it is not rectified within the time set for this. The complaint that is not rectified within said term will be left unconsidered.

  4. Complaints to Flightspace may be made in writing or electronically, unless this is not possible for technical reasons.

  5. Flightspace will answer any complaint electronically within 30 days from its submission. answer to the complaint should include the following:

    1. name of Flightspace unit that deals with the complaint;

    2. description of grounds for the decision;

    3. decision to accept or refuse to accept the complaint;

    4. where damages are awarded, information about the amount involved and when it will be paid;

    5. where other amounts are reimbursed, information about the amount and when it will be repaid;

    6. information that a complaint's procedure has been exhausted;

    7. where all or part of the complaint is refused to be accepted, the statement of legal and factual grounds.

  6. Complaints which are made electronically should be sent to the following e-mail address: contact@flightspace.eu.

Termination and withdrawal

  1. The Agreement will be completely valid and effective until it is terminated in writing (on the date to be specified therein) either by the User or Flightspace expressing their intention to do so, or through deletion of User’s Profile.

  2. The moment the Agreement is terminated:

    1. the Profile concerned will be deactivated and deleted (where termination is not through Profile deletion);

    2. the User’s login and password for the Profile will be deleted;

    3. the User will forfeit any rights, titles or benefits under promotional campaigns (if any) in which he or she participates through the Website, always provided that this provision will not apply to Users who are Consumers.

  3. Termination of the Agreement will not relieve the User from the obligation to pay any costs that may have arisen prior to termination or from the duty to fulfill any other obligations towards Flightspace or third parties where such obligations have arisen through or in connection with the Website and where the User is not expressly relieved from their performance by the creditor concerned in writing.

  4. Users who are Consumers may withdraw from the Agreement within 14 days from its execution without providing any explanation for the withdrawal. To meet the withdrawal deadline, all that is needed is to send an unequivocal statement before that date. In order to do that, the User may use The Withdrawal Form, although it is not obligatory.

  5. If The User happens to successfully exercise the abovementioned withdrawal rights, Flightspace shall, immediately or within 14 days from receiving the unequivocal statement of withdrawal, return all the payments received from The User, including delivering costs – providing that The User had chosen the less expensive, offered by Flightspace, way of delivering the services. The return of payments shall precede the same way as they were made by the User. Other ways of returning the payments shall be preceded after individual arrangements.

  6. Shall Flightspace’s services include delivering any material items, after withdrawing The User is obliged to return the abovementioned items at his or her expense ( Shall the expense of returning the item using the regular mail system be higher than item’s cost itself, Flightspace shall inform about this fact on the item’s website.) The reimbursement should occur immediately or not later than within 14 days from the date of withdrawal, unless Flightspace offers to collect the item personally. In order to meet the deadline, all that is needed is to send the item before the deadline. The item returned to Flightspace should be in the unaltered state, unless the change was necessary in the ordinary management.

  7. The right of withdrawal shall not be provided to Users being Consumers in reference to (respectively) following contracts:

    a. Agreement for provision of services, if Flightspace has fully provided the services on Consumer’s explicit consent, and had them informed that after the provision of services they shall not hold the right of withdrawal before the provision of services began.

    b. when the price or salary is dependent on fluctuations in the financial market, which are beyond Flightspace’s control and may occur before the withdrawal deadline

    c. when the subject of the service is a nonprefabricated item, produced accordingly to Consumer’s specifications and satisfying their individualized needs.

    d. when the subject of the service is an item liable to deteriorate or expire rapidly.

    e. when the subject of the service is a non-returnable item, which has been delivered in a sealed packaging, and shall not be returned after the packaging has been opened for health protection and hygienic reasons.

    f. when the subject of the service is an item, which becomes non-returnable after the packaging has been opened because it has been inseparably attached to other items.

    g. when the subjects of the service are alcoholic beverages, the price of which has been agreed upon the time of the conclusion of the sales contract, the delivery of which may only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by the trader.

    h. when the Consumer has requested the trader’s arrival for the purpose of an urgent repair or maintenance; if the trader provides any additional services above those which the Consumer requested or provides any additional goods other than replacement parts necessarily used in performing the maintenance, the Consumer holds the withdrawal right in reference to additional goods and services.

    i. when the subjects of service are sealed audio or video recordings or computer software, and has been unsealed after delivery.

    j. when the agreement concerns the delivery of journals, periodicals or magazines excluding the contracts for subscription

    k. when the contract has been concluded by the public auction.

    l. the provision of accommodation other than for residential purpose, transport of goods, car rental services, catering or services related to leisure activities, entertaining, sport or cultural events, if the contract provides for a specific date or period of performance.

    m. the provision of digital content which is not supplied on a tangible medium, if the provision of services began on Consumer’s prior express consent before the withdrawal deadline and after the trader had them informed about the loss of the right to withdraw.

Disputes

Both these Terms and Conditions and the relationships between Users and Flightspace under these Terms and Conditions are governed by the laws of Poland. The Parties agree to submit to the exclusive jurisdiction of Polish courts for any legal issues arising under these Terms and Conditions.

Miscellaneous

  1. By using our Website, the User agrees that Flightspace may send you commercial information and automatic messages which concern the events of direct relevance to the User, arising from use of our Website.

  2. Flightspace applies a code of good practice, which can be consulted here

  3. New options and mechanisms that are not available now on Flightspace may be introduced in future on a paid-for basis (as a Paid Service). In such a case, your use of a Paid Service will be fully voluntary and optional. Your use of paid Services may be subject to additional terms and conditions.

  4. Flightspace is a legally protected trademark of Flightspace Sp. z o.o.

  5. Should you have any questions concerning these Terms and Conditions, please contact us using our Flightspace contact form.

  6. The following requirements must be met to ensure smooth interoperability between User-side equipment and the Flightspace system:

    1. Requirements for stationary equipment:

      1. Web browser: Internet Explorer 7 or higher, Firefox 3 or higher, Google Chrome 9 or higher;

      2. Cookies and JavaScript to be enabled;

      3. Adobe Flash Player 10.0 or higher to be installed and work properly.

    2. Requirements for mobile equipment: a properly working mobile browser with support for JavaScript and css/html functionality.

  7. Should any provision of these Terms and Conditions be considered to be invalid, the remaining provisions will continue in full force and effect.

  8. The User who is a consumer has the possibility of having recourse to an out-of-court complaint and redress mechanism. The rules on access to these proceedings are available in premises and on the websites of District Consumer Representatives, social organizations, whose statutory activity covers the Consumer’s protection, Provincial Inspectors of Trade Inspection and under the following links from the Office of Competition and Consumer Protection:

    1. http://www.uokik.gov.pl/spory_konsumenckie.php

    2. http://www.uokik.gov.pl/sprawy_indywidualne.php oraz

    3. http://www.uokik.gov.pl/wazne_adresy.php.

  9. The User who is a consumer holds, among others, the following possibilities of having recourse to an out-of-court complaint and redress mechanisms:

    a) Such a User has the power to make an application with a request to resolve the dispute resulting from concluding the contract with Flightspace to an arbitration court of consumers operating at the Trade Inspection.

    b) Such a User has the power to make an application to the Provincial Inspector of Trade Inspection with a request for the conduct of a mediation procedure concerning an amicable settlement between the User and Flightspace.

    c) Such a User may obtain free assistance to resolve the dispute between the User and Flightspace, using free assistance of the District Consumer Representative or social organizations, whose statutory activity covers the Consumer’s protection (such as the Consumers’ Association or Association of Polish Consumers). Advice is granted by the Consumers’ Association under the free telephone consumer’s helpline 800 007 707 or under the email address of Association of Polish Consumers: porady@dlakonsumentow.pl.