Terms of Service

version 0.4 -- July 18, 2011

1. SERVICE DESCRIPTION

The World Flight Planner Service consists of products, computer programs, services and web sites hosted or made available by World Flight Planner, which you may use for pre-flight planning on multiple computer and network platforms, now known or hereafter developed (collectively, the “Service”).

2. TERMS

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

3. USE LICENSE

  1. Permission is granted to use the tools and information on World Flight Planner's web site for personal, non-commercial transitory viewing only unless you have been granted a commercial or other use licence by World Flight Planner. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. attempt to pass off the materials as that of your own;
    3. attempt to decompile or reverse engineer any software contained on World Flight Planner's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
  3. This license shall automatically terminate if you violate any of these restrictions and may be terminated by World Flight Planner at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

4. PAYMENT, REFUNDS AND CANCELLATION

A valid credit card is required to use the Service. The Service is billed in advance on a monthly (or yearly) basis and is non-refundable. In accordance with our refund policy there are no refunds or credits for partial months (or in the case of yearly billing, partial years) of service, refunds for upgrade/downgrade of account type, or refunds for time unused with an open account. All fees are exclusive of any taxes, levies or duties which may be imposed and you are responsible for paying any applicable taxes, levies or duties except for Canadian taxes, which are included within the fee charged for the service.

You are solely responsible for cancelling your account. Account cancellation can be done at any time only by logging into your account and clicking on the 'Settings' link in the top navigation bar. The settings pages contains a link to cancel your account. For security purposes, we are unable to cancel an account over the phone or by email and will not consider any request via either means as a cancellation.

5. REVISIONS AND ERRATA

The materials appearing on World Flight Planner's web site could include technical, typographical, or photographic errors. World Flight Planner does not warrant that any of the materials on its web site are accurate, complete, or current. World Flight Planner may make changes to the materials contained on its web site at any time without notice. World Flight Planner does not, however, make any commitment to update the materials.

6. MODIFICATIONS

World Flight Planner may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

7. LINKS

World Flight Planner has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by World Flight Planner of the site. Use of any such linked web site is at the user's own risk.

8. INDEMNITY

You agree to indemnify and hold World Flight Planner, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

You also specifically agree to indemnify and hold any suppliers of aeronautical or other data (data source list) harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service

9. DISCLAIMER

By agreeing to these Terms of Service, you also agree to the DISCLAIMER.

10. LIMITATIONS

In no event shall World Flight Planner or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on World Flight Planner's web site, even if World Flight Planner or a World Flight Planner authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

11. GENERAL TERMS

(i) Any claim relating to World Flight Planner's web site shall be governed by the laws of the Province of Alberta without regard to its conflict of law provisions.

(ii) The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.