Terms & Conditions of Use
RDC Aviation Ltd.
20-22 Victoria Street
These are the conditions of use between you, the user (“you”, “your”, “their”) and RDC Aviation Ltd ("RDC Aviation Ltd”, “we”, “us”, “our”, "RDC") governing your use of our services, including use of the airportcharges.com, RDCApex.com, Capstats.com, routepro.net websites or other products as set out in your order form or purchase confirmation. These may be individually or collectively referred to as ‘Licenced Software’, ‘Online Products’ or ‘Online Services’.
Access to our online products is by free or paid-for subscription. Functionality is limited to the scope set out at the time of contract and is dependent on subscription level paid for. Each user will have a unique and personal username issued for the sole purpose of their use.
To be eligible to use our online products you must:
- Subscribe and register by providing your real name, telephone number, e-mail address, payment details and other requested information.
- Be over 18 years of age.
- Stipulate a valid address. Please note that PO box numbers, hotels and accommodation addresses are not acceptable.
- Be of sound credit standing as deemed by our internal credit control procedures, or possess a valid credit or debit card issued by a bank acceptable to us.
2. Confidentiality, Warranty, Trademark and Copyright
Both you and we (“the parties”) commit to treat all information they have received indirectly or directly in the context of our online services in strict confidence and will not forward it to third parties. This is not applicable if the parties have obtained such information in legally permitted ways from other sources, which has been known in advance or which is evident. The parties undertake to make sure that their own employees, representatives or other people who have the possibility of access to the information, will be bound by the same confidentiality clause.
We endeavour at all times to ensure that there are no errors or omissions in the Licenced Software supplied under this Agreement provided however, that you understand the Licenced Software may contain information and data received from third parties and we make no warranty or representation regarding the accuracy or completeness of such third-party data. If there are serious errors or omissions in the Licenced Software due to the fault of us, then we will correct, re-produce and update the Licenced Software wherever possible.
We make no warranty that the Licenced Software will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the Licenced Software. We will not be responsible or liable to you for any loss of content or material uploaded, downloaded or transmitted through our online services.
In no event shall we, or any of our directors, staff or officers, be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data or information, business interruption or any other commercial damages or losses, arising out of or related to the use, or inability to use, the Licenced Software, however caused.
Capstats, RoutePro, RDCApex and Airportcharges.com are product names and service marks of RDC Aviation Ltd. All rights reserved. The logos and service marks (“Marks”) displayed on the websites belong to RDC and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without our prior written consent. All other trademarks, product names, company names and logos appearing on or contained within the Licenced Software are the property of their respective owners.
3. Intellectual Property, Data Ownership and Permitted Uses
You acknowledge the intellectual property rights of the Licenced Software vest with us.
You acknowledge that the Content contained within the Licenced Software is proprietary property of RDC, or is licenced to RDC by its owner, and acknowledge you obtain no right of ownership to the Content by virtue of this Agreement or through use of the Licenced Software. You may use the Content for your own analysis purposes including the use of extracts of the Content for inclusion in reports or presentations of your own authorship, provided that we and the Licenced Software are recognised as the source. You are forbidden to reproduce, use, sell, distribute, display, transmit or broadcast in any form (including, without limitation, print media, electronic or digital format) the Content (including extracts or compilations thereof) and are explicitly forbidden from using the Content in any other systems, products or software services, without our prior written agreement.
Access to the Licenced Software is granted to you as an individual licence for use by a human. You will not use your licence to facilitate access to the Licenced Software using a robot, scraper or other automated data collection method. We monitor the usage of our online products to help us optimise performance, improve functionality and prevent misuse of the content. In the event that we observe any unusual patterns of activity related to your account, we reserve the right to suspend your access to the online Licenced Software.
We state that the Content comprises: (a) works of original authorship of RDC, including compiled information containing our selection, arrangement and coordination and expression of information or pre-existing material it has created, gathered or assembled; (b) information that has been created, developed and maintained by us, and; (c) data that has been licenced to us by Third Party providers. You shall not knowingly commit or permit any act or omission that would impair our rights in the Licensed Data.
No express or implied license is granted to you to receive, reproduce, copy, market, sell, convey, distribute, license, sublicense, assign, lease, timeshare, modify, amend, publish, rent or otherwise use any Content held within, or obtained from the use of, the Licenced Software.
4. Force Majeure
We will not be liable for any delay or failure to perform any obligation under this agreement due to any event beyond our reasonable control, including but not limited to, earthquake, fire, flood or any other natural disaster, labour dispute, riot, revolution, terrorism, acts of restraint of government or regulatory authorities, failure of computer equipment, server or IT failure and failure or delay of services and platforms used to operate our electronic media.
Subscription to our online services is on a “rolling” basis unless cancelled by you. You must notify us in writing or by electronic communication at least 90 days before the end of your subscription period in the event that you wish to terminate your subscription.
You may not resell, assign or transfer any of your rights under these Terms without our written consent. Any attempt to resell, assign or transfer rights without our consent will entitle us to cancel the contract without liability to you. A person who is not party to this contract has no right under the Contracts (Rights & Third Parties) Act 1999 to rely upon or enforce any terms of this Agreement. This Agreement is governed by English law and each party agrees that the courts of England will have non-exclusive jurisdiction to deal with any disputes arising out of or in connection with this Agreement. Changes to this Agreement can only be made in writing. Printed terms and conditions in any additional documents issued by you or your agent will not be recognised as binding.
RDC Aviation Ltd.
20-22 Victoria Street