Terms of Service - Premium Subscriptions

INTRODUCTION

Thank you for using the Base Premium website and the products, services, benefits and features we make available to you as part of the platform (collectively, the “Service”).

THE SERVICE PROVIDER

The entity providing the Service is Rotate Aviation Limited located at 34 Marley Avenue, New Milton, Hampshire, United Kingdom BH25 5LJ. Rotate Aviation Limited and its affiliates (collectively, “our”, “us” or “we”) operate websites and provide products and services.

This agreement is a legal agreement between you (“Customer or you”) and Rotate Aviation Limited.

ACCEPTANCE OF TERMS AND CONDITIONS

Your use of the Service is subject to these terms. These subscription terms and conditions (“Terms and Conditions”) are accepted by purchasing this service.

If you are accepting on behalf of your employer or another legal entity, you warrant that you have the full legal authority to bind the entity to the Customer.  Please read this Agreement carefully and make sure that you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.

SUBSCRIPTION AND INVOICING

The subscription becomes effective upon acceptance and will continue to be in effect until terminated in accordance with these Terms and Conditions.

For any subscriptions, payment will be taken at the start of the period in which the subscription takes place, i.e. in advance of using the Service.

The Customer shall pay the Subscription Fees by debit or credit card through the Website. The Supplier uses the third-party payment processor Stripe to process card payments. The Supplier does not store or process any card details on its own servers.

The third-party payment processor will store the card details used to pay the subscription fees and will use those same card details to automatically take payment for any subscription fees in respect of each renewal period.

If the subscription fee is not paid when due, reminders will be sent.  If payment is still not received the Product will not be delivered and access will be blocked.

Access will be unblocked after receipt of payment.

The Customer accepts that invoices and reminders sent by email to the email address provided by the Customer shall be deemed delivered when sent by Base.

The prices, rates and subscription types can be found on our website and may be changed with one month’s notice. All prices are excluded VAT, which shall be applied at the prevailing rate.

OUR SERVICE

The Service allows you to access the social features, online learning content, continuing professional development log and benefits and discounts from third party providers and/or suppliers.

Your Use of the Service

In accordance with these Terms and Conditions, the Customer is granted a non-exclusive limited right to use our platform, services, and any additional third-party products or Services which are ordered and accepted. The Customer is not granted any license to implement or share the Services in any way other than as a web online platform.

The Customer’s subscription entitles the Customer to use the Service. The Customer may, during any subscription term, upgrade to the next level of user subscriptions or add further services by notifying us and paying the additional fees. Upon Acceptance, the subscription will be upgraded, or the new service or product will be offered, and the Customer agrees to pay the consequential increase in the subscription at the current rates for such.

We provide a list of subscription types as well as a list of additional products and services. Some services may be subject to separate terms and conditions, which must be accepted in addition to these Terms and Conditions before use.

Only the Customer is entitled to use the Service, and the Service may not be used for or on behalf of any other parties or for data processing for other parties than the Customer. The Customer agrees to be fully responsible and liable for any third parties that are given access to the Service or who use the Customer’s login details. The Customer is not entitled to assign the subscription or grant access to the Service to any third party.

The Customer shall ensure that the Service is not used in any manner which will have negative effect on our name, reputation, and/or goodwill or that will imply a breach of any applicable law or regulation.

The Customer shall keep a secure password for their use of the Services, and such password shall be changed frequently. Customer shall keep their password confidential.

Content on the Service

 

The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text, branding, and other materials (collectively, “Content”). Content is the responsibility of the person or entity that provides it to the Service. The Content should not be used as official guidance or training material in any way. If you see any Content that you believe is incorrect, unapproved or out of date, you can report it to us at support@theaviationbase.com. The Service Provider does not accept any liability for loss or injury from use of the Service or third-party services.

 

Age Requirements

You may use the Service if you are at least 14 years old.

Permission by Parent or Guardian

If you are under 18, you must have your parent or legal guardian’s permission to use the Service. Please have them read this Agreement with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

Businesses

 

If you are using the Service on behalf of a company or organisation, you confirm to us that you have authority to act on behalf of that entity, and that entity accepts this Agreement.

TERMINATION

The Customer may terminate the subscription with effect from the Acceptance date next month.

Information on termination from the Customer must be received before the invoice is issued for a new period. The access to subscription service will stop 1 month after the termination date, starting from the same day of the month as the Acceptance date, and Customer will be charged accordingly to the termination date.

We are entitled to terminate the subscription at the end of any calendar month by giving 1 month notice or immediately if the Customer commits a material breach of these Terms and Conditions or if the Customer is a company and becomes insolvent or has a receiver or administrator appointed over its assets. We may terminate your access to all or part of the Service if we reasonably believe that its provision of the Service to you is no longer commercially viable. 

YOUR INFORMATION

 

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

 

We reserve the right to delete Customer data 90 days after termination of the subscription regardless of the reason for termination. We shall be entitled to store Customer data after termination in anonymized form for statistical and analytical purposes only.

The subscription includes third-party services. Agreement to the Terms and Conditions gives us consent to pass your full name and contact details to the third-party service and/or product providers.

We may disclose Customer data to third parties and public authorities where such disclosure in our opinion is justifiable and reasonable, e.g. public authority orders or the like.

PERMISSIONS AND RESTRICTIONS

 

You may access and use the Service as made available to you if you comply with this Agreement and the law. You may view or listen to Content for your personal, non-commercial use.

 

The following restrictions apply to your use of the Service. You are not allowed to:

  1. access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as specifically permitted by the Service;  (b) with prior written permission from Rotate Aviation Limited and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
  2. circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that: (a) prevent or restrict the copying or other use of Content; or (b) limit the use of the Service or Content;

3.    access the Service using any automated means (such as robots, botnets or scrapers)

  1. use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
  2. misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.

6.    run contests on or through the Service

  1. use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from the Service); or

8.    use the Service to: (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where Base videos are the only content of value).

 

RESERVATION

 

Any right not expressly granted to you in this Agreement remains the right of Rotate Aviation Limited or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the Content you access (including any branding used on or displayed in the Service).

 

CHANGES TO THE SERVICE

 

We are constantly changing and improving the Service. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with law, or prevent illegal activities on or abuse of our systems. We will always consider and balance the impact of such changes on the use of the Service. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, there will be times when we need to make such changes without notice, such as where we need to take action to improve the security and operability of our Service, prevent abuse, or meet our legal requirements. 

YOUR CONTENT AND CONDUCT

Moderation

We have the right, but not the obligation, to regulate and enforce for any reason and in any manner we deem necessary or appropriate the:

·       content (which includes but is not limited to postings, text, images, video, ads, accounts, account information, messages and any other member communications (“content”)) posted to, stored on or transmitted on our website and services by any user (or any other third party in any manner).

·       conduct including but not limited to any authorized or unauthorized access to or use of our sites and services by any member (or any other third party in any manner

We may, in our sole discretion and without notice, start, stop or modify any regulation or enforcement measures at any time. Our action or inaction to regulate content or conduct or to enforce against any potential violation by any member (or any other third party) does not waive our right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct or potential violation.

Uploading Content

If you are a member, you will be able to upload Content to the Service. You are responsible for any content that you post or transmit, and you are responsible for all content posted or transmitted through or by use of your account. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement or the law. Content prohibited from our sites and services includes but is not limited to:

1.    Illegal content;

2.    Content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services;

3.    Offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content);

4.    Content that discloses another’s personal, confidential or proprietory information;

5.    False or fraudulent content;

6.    Malicious content (including, without limitation, malware or spyware);

7.    Third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. 

 

You are legally responsible for the Content you submit to the Service. We may use automated systems that analyse your Content to help detect infringement and abuse, such as spam, malware, and illegal content.

RIGHTS YOU GRANT

You retain all of your ownership rights in your Content. In short, what belongs to you stays yours. However, we do require you to grant certain rights to Base and other users of the Service, as described below.

LICENCE TO BASE

By providing Content to the Service, you grant to Base a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.

LICENCE TO OTHER MEMBERS

You also grant members of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service. Other members cannot use that Content (including to reproduce, distribute, modify, display, and perform it).

REMOVAL OF CONTENT

If we reasonably believe that any Content is in breach of this Agreement or may cause harm to Base, our users, or third parties, we may remove or take down some or all of such Content. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Base or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Base or our Affiliates.

 

OTHER LEGAL TERMS

 

Warranty

 

We provide the Service with reasonable care and skill.

Disclaimer

 

By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in this Agreement affects those rights you may have as a consumer. Other than as expressly stated in this Agreement or as required by law, Base does not make any specific promises about the Service. For example, we don’t make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content you submit will be accessible or stored on the Service.

Limitation of Liability

 

All users: Nothing in this Agreement is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by law.

To the extent permitted by applicable law, we and our Affiliates will not be responsible for:

1.    losses that were not caused by us or its Affiliates’ breach of this Agreement.

2.    any loss or damage that was not, at the time that this Agreement was formed, a reasonably foreseeable consequence of us and our Affiliates breaching this Agreement; or

3.    the Content submitted by any user, or for the defamatory, offensive, or illegal conduct of any user.

 

Business Users only: If you are using the Service for the purpose of your trade, business, craft or profession, (a “Business User”), to the extent permitted by applicable law, the following limitations of liability will also apply:

We and our Affiliates will not be responsible for lost profits, revenues, or data; loss of opportunity or anticipated savings; indirect or consequential losses, or punitive damages (in all cases whether such losses were foreseeable or not)

 

Third-Party Links

 

The Service may contain links to third-party websites and online services that are not owned or controlled by Base. Base has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.

ABOUT THIS AGREEMENT

 

Modifying this Agreement

 

We may modify this Agreement, for example, to reflect changes to our Service or for legal, regulatory, or security reasons. We will provide reasonable advance notice of any material modifications to this Agreement and the opportunity to review these changes. However, changes addressing newly available features of the Service or changes made for legal reasons may be effective immediately. Changes will only apply going forward. If you do not agree to the modified terms, you should remove any Content you uploaded and discontinue your use of the Service.

Continuation of this Agreement

 

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue in limited cases as described under “Duration of License”.

Severance

 

If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.

Assignment

 

We may transfer all or part of this Agreement to an Affiliate or, if the platform is sold, to a third party.

No Waiver

 

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as the right to take action in the future).

Governing Law

 

If you live in the United Kingdom this Agreement, and your relationship with us  under this Agreement will be governed by the laws of your country of residence, and legal proceedings may be brought in your local courts.

Effective as of 4th November 2020

 

 

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