Service and use of the Sylphair Aviation Application Applicableafter July 4 - 2017 ARTICLE 1. LEGAL MENTIONS SYLPHAIR AVIATION LIMITED Carmela STAMM 21/F ON HING BUILDING 1 ON HING TERRACE CENTRAL HONK KONG Phone +852 3970 5623 Fax +852 2524 1428 ARTICLE 2. DEFINITIONS « Application » :« Sylphair Aviation » software edited by Carmela STAMM available by downloading it in the Store. « Store » : platforms specially edited by Apple or Google and allowing to the editors to have their applications available for the public on line and for the user to download. « Sylphair Aviation » : Carmela STAMM, physical person, acting as the Application editor. « Service » : service proposed by Sylphair Aviation on the Application for the users and allowing to them to exchange and be in contact. «Employer» : any physical or moral person, of private or public law, owner of one or more planes, downloading the Application in order to be in contact with the candidats «Administrator » : any physical or moral person, of private or public law, having in charge one or many planes, downloading the Application in order to be in contact with the Candidates. « Candidate »: any physical or moral person, of private or public law downloading the Application in order to contact the Users. « User » : Pilot, Mecanic, Flight Atendant, Owner, or Administrator Air Plane. ARTICLE 3. APPLICATION FIELD The access to the Application supposes the acceptance for the User of the present general conditions of the personnel space, according to article 4.2 below, this acceptance being confirmed by the fact of marking the corresponding box with the next sentence :« I acknowledge that I am aware of the general conditions of services and of use». The User acknowledges these facts being fully aware and accept them without restriction. The fact of having marked the case will have the same value of a hand written signature by the User. The User acknowledges the proof value of the automatic register systems of Sylphair Aviation and, except if he contributes with the opposite proof, to appeal in the event of litigation. The present general conditions are applicable to the relations between the parties to the exclusion of other conditions and mainly those of the User The acceptance of these general conditions of use suppose that the User have enjoyed of the necessary juridical capacity necessary for this purpose, or otherwise, if they are authorized by a tutor or a curator in the event they are incapable, or of their representative, if they are minors or even when they are the holders of a proxy when acting on behalf of the moral person. ARTICLE 4. SERVICES DESCRIPTION 4.1 Application Purpose This Application allows the Employer/Administrator and Candidate to be in contact and exchange in every field concerning the aeronautics 4.1. ApplicationDownloading and Installation The User can acquire the Application on the Store. He must select it in the Store and click on the button set forth for this purpose. The order process in the Store is ruled by the editor of the Store general conditions. 4.2. Application Connections 4.2.1. PersonnelspaceCreation The creation of a personnel space is necessary previously to any connection to the Application. For this purpose, the User is invited to supply certain personnel information. All of these data are thought indispensable for the personnel space. The refusal by a user to supply the mentioned information will have the effect to avoid the creation of the mentioned personnel space as well as, incidentally, the connection to the Application. After the personnel space creation, the User is then invited to créate a personal password. This password constitutes the confidentiality guarantee of the information contained in the personnel space. The User is prohibited then to transmit the information or communicate it to a third party. At its turn, Sylphair Aviation cannot be hold responsible for the access to the non authorized accesses to the personnel space of a User. The User engages to proceed to regularly verify the data and to proceed from his personnel space to the necessary updating and necessary modifications 4.2.2. Suppression of the personnel space .Sylphair Aviation reserves its right to suppress any User account violating the present general conditions, mainly when the User supplies incorrect, incomplete, or fraudulent information and when the personnel space remains inactive for at least one year. The mentioned suppression will not be susceptible to constitute a fault of Sylphair Aviation or a damage for the excluded User who cannot intend any indemnity because of this fact. This exclusion is without prejudice of the possibility, for Sylphair Aviation, to start judiciary proceedings to the User, when the facts justify it. 4.3. Internal Messenger Users have an internal private Instant Messaging service available between the pcandidates and the owners and/or administrators. This system is reserved to the Users and the correspondent secret is applicable to it. The content of the reception and sending boxes is not the object of any conservation guarantee by Sylphair Aviation and the Users must safe the mentioned contents. The loosing of these contents, without taking into account the cause, cannot constitute damage for the User who will not intend to obtain any indemnity because of this fact. ARTICLE 5. USER OBLIGATIONS 5.1. Good behavior charter The User engages not to use the information relevant to the Application which because of his own needs and for the sole purposes refer to the present general conditions. The User engages in particular to not to publish the messages on its internal messenger susceptible of: - affecting or having different purposes to the public order, and affecting the good habits and the minors sensibility; - motivate the illegal consumption substances ; - affect in any possible way to the rights, the reputation, the private life, and the right of the image of a third party; - abuse, denigrate, defame, abuse the image, a brand reputation or of any moral or physical person, in any possible way; - to have pornographic or pedophile character purposes; - attack the security of integrity of a State or a territory, whatever it is; - to allow to third parties to procure pirate software, software serial numbers or any software being able to attack in any possible way or any software being able to damage in any way the rights or the assets of third parties; - attack the intellectual property rights of any one; - encourage hate, violence, suicide, racism, anti-Semitism, xenophobia, homophobia, excuse the war crimes or crimes against man kind; - encourage to commit a crime, an offense or an act of terrorism; - encourage to some one´s discrimination or of a group of people because of its belonging to an race, a religion, an ethnic, or because of the fact of his sexual orientation or of his handicap ; - to advise a doubtful or fraudulent practice ; - to use the Application for professional or commercial purposes. Any illegal use or of a general non authorized way of the Application will finish in the immediate suppression of the User account, notwithstanding by Sylphair Aviation of any possibility in justice, mainly of damage and interests. 5.2. User Déclarations The User assures having previously being informed to the signing of this instrument, of the technical characteristics of the Application. Therefore, the User acknowledges that his needs and Services proposed by Sylphair Aviation are adequate, that he is aware of the content of the execution conditions of the mentioned Services and that he agrees with the service rendered by Sylphair Aviation after having being able to receive all the necessary information allowing him to produce a free and clear consent. 5.3. Use of the Application Any treatment, transmission, publication widespreading or presentation of the Application by the User is made under his only and total responsibility. The User engages, in particular, to not to treat, widespread, download or transmit it through the Application that the data being exploited do not violate any industrial or intellectual property right or any other privative one, or do not constitute the committing of a criminal infraction. The User also engages to not to disrupt, or to obstruct the Application and to act according to the conditions required, to the procedures and the general laws which are informed bySylphair Aviation for the good start of the Application. The User hold harmless, therefore, Sylphair Aviation against any damage because of the only fact of his use of the Application, including the eventual lawyer and procedure fees, and engages at this title, to intervene at any judiciary instance engaged because of his use of theApplication. ARTICLE 6. USER SERVICE The User service is available by electronic courier at: email@example.com or by postal courier to the mentioned address in article 1 of these general conditions. In these two last cases, Sylphair Aviation engages to contribute with an answer an 8 working days. ARTICLE 7. INFORMATIQUE AND FREEDOMS 7.1. Facultative character of the data supply The Users have the free authorization to supply personal information referring to them. Personal information is essential to use the application. 7.2. Imperative supplying of the inscription data On the opposite, the inscription on the present Site supposes the gathering by Sylphair Aviation of a certain number of personal information referring to the Users. Us 7.3. Respecting the purpose of the personal data gathering The gathered personal information are the object of a computers science proceeding which ia reserved toSylphair Aviation. The gathered data are necessary for the good Site administration concerning its contractual obligations by Sylphair Aviation. These data are kept bySylphair Aviation in that only quality. Sylphair Aviation engages not to use in any event, another table neither to transmit to third parties, after the express agreement in the events set forth by law. 7.4. Right of access, rectification and opposition All the Customers registered in the present Site data are saved for the duration of 1 year, duration which is reasonable for the good Site administration and for a normal use of the data. According to this last one, the Customers have a right of opposition available, of interrogation, of access and rectification of the data which are supplied for them. For this purpose, it is enough to make a request to Sylphair Aviation, accessing the following electronic address: firstname.lastname@example.org, or by postal courier to the main siteaddress ofSylphair Aviation mentioned in article 1 of these general conditions. ARTICLE 8. RESPONSIBILITY OF SYLPHAIR AVIATION 8.1. Nature of Sylphair Aviation Obligations Sylphair Aviation acts in the frame of this instrument as a simple technical recipient, totally neuter, an electronic platform being available for the Users. Therefore, Sylphair Aviation does not have any representation power of the Owner/Administrator and is not part of the agreements entered between users. Sylphair Aviation does not guarantee neither the conclusion orshe good execution of the agreement between users. Sylphair Aviation does not guarantee at any time, the quality or the safety of the services rendered by the employees for the Owners/Administrators. 8.2. Force majeure event – Fault of the User Sylphair Aviation will not engage its responsibility in the event of force majeure or because of the fault of the User which defined the present article: 8.2.1. Force majeure In the sense of the present general conditions, an opposable case to the User of force majeure will be any impediment, limitation or disturbance of the Service because of fire, epidemics, explosion, earth quake, fluctuations of the passing band, a lack imputable to the access supplier, a fault of the transmissions network, collapse of the facilities, illegal or fraudulent use of the keyword, code or reference supplied to the User, of data processing pirate, of a fault of security imputable to the host of the Site or to the developer, of flooding, of power failure, of war, seizure, of law, of injunction, of demand or requirement of any government, of requisition, of strike, of boycott, or other circumstances outside the reasonable control of Sylphair Aviation. Under these circumstances, Sylphair Aviation will be dispensed of the execution of the obligations in the limit of that impediment, of this limitation or disturbance 8.2.2. User Failure In the sense of the present general conditions, a failure of the User opposing to this last one will be considered any bad use of the, fault, negligence, omission or his failure or of his servants, non-respect of the advise given bySylphair Aviation on his Site, any wide-spreading of illegal use of the password, of the codes and references of the User, as well as the mistaken information or the absence of the updating of them in the personnel space. A fault of the User will be also considered the starting of any technical procedure, such as robots, or of automatic researches, which starting will be against the letter of spirit of these general conditions of selling. 8.3. Technicalprocedures –Hypertexts links In the event of the impossibility of access to the Site, because of technical problems of any kind, the User cannot prevail of a damage and cannot intend to ask for any indemnity for non availability even extended without any limitative duration of one or many services on line, and cannot be constitutive of a prejudice by the Users and cannot arise to domages and interest by Sylphair Aviation. The hypertexts links present in the Site can be resend on other internet sites. The responsibility of Sylphair Aviation cannot be engaged if the content of these sites oppose to the in force legislations. Also, the responsibility of Sylphair Aviation cannot be engaged if the visit, by the Customer of one of these sites, cause him a prejudice. 8.4. Damages-interest to the cost of Sylphair Aviation In the lack of the legal or in force contrary legal prescriptions, the responsibility of Sylphair Aviation is limit to the direct, personnel prejudice by the User and linked to the failure in cause. Sylphair Aviation may not in any case, be responsible for indirect damages such as, mainly the loss of data, the commercial prejudices, the losses of orders, theattacks to the brand image, the commercial troubles, and the loss of benefits or of the clients. Also and in the same limits, the amount of dommages and interests place to the responsibility of Sylphair Aviation cannot exceed in any case 10 euros. ARTICLE 9. INTELLECTUALPROPERTY 9.1. Application Contents The application contents (texts, images, schemes, structure, data base, software...), the property of Sylphair Aviation, is protectedbecause of the right of author, the right of the data base. Any representation, reproduction, translation, adaptation orintegral or partial transformation, made illegaly and without the consent ofSylphair Aviation or of the ones with the right to a constituted cause in Books I and III of the Intellectual property code and will b e susceptible to arise judiciary procedures. The contents published in the Application are to an indicative title, without guarantee of exactitude. Sylphair Aviation cannot in any case be held responsible because of the fact of an omission or of an inexactitude and which is in the origin of a direct or indirect cause of the Customer. 9.2. License Sylphair Aviation proposed to the User to download the Application from the Store. The downloading of the Application is free. In this order, Sylphair Aviation consents at the title of the User, at a non exclusivetitle, a license of final User dealing on the Application. The license is consented all over the worldand in all the languages. The license deals only on the right of the Application reproduction only to download the Application and to execute it as well as the use right of the Application, excluding: • anyreproduction to be traded, the placing in circulation, of the re-diffusion, of the distribution, of the Application publishing or of the Application on a post different differentto the User; • anyrepresentation, even partial of the Application, mainly because of the communication to the public on line or on public projections ; • any translation, adaptation, arranging or of modification of the Application, as well as any export or merging of this last one with other data base applications.- • any compiling, decompiling, disassembling, translation, analysis, reverse engineering of the Aplication. The rights of use of the Application are personnel and non accessible. The rights agreed to the User are accessible in an exclusive way by a unique User for his own needs, excluding any way of supply to third parties, even to a filial or a member of a group of law or of fact. Th User cannot assign everything or part of the rights and or obligations resulting of the present agreement, even in the frame of the material existence of the right object of this license. ARTICLE 10. GENERAL PRESCRIPTIONS 10.1. Applicable Law The present general conditions are subject to the application of the French Law 10.2. Modifications of the present general conditions The present general conditions can be modified at any time by Sylphair Aviation. The ones which are applicable to the User are in force the day of his order or of his connection in the present Site, any new connection to the personal space will arise the acceptance of new general conditions. 10.3. Entirety The nullity of one of the clauses of this agreement will not arise the nullity of the other agreement causes on its whole, and they will be fully in force and in effect. In that such hypothesis, the parties must, when possible, replace the annulled prescription for one which is valid corresponding to the spirit and the object of these conditions 10.4. Non-renounce The absence of the execution by Sylphair Aviation of the rights which are acknolwedged by the present conditions cannot be at any time interpreted as the renounce to ask for the mentioned rights 10.5. Languages of the present general conditions The present general conditions are proposed in English 10.6. Abusive Clauses The present general conditions apply under reserve of the prescriptions which are in force by the Consumption Code referring to the abusive Clauses in the agreements entered between one professional and a consumer
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