Policies

WEBSITE TERMS AND CONDITIONS

 Where these Terms and Conditions refer to the website, this extends to all parts of Canada Air Virtual including TeamSpeak3, Forums and CAVacars access.

 

Introduction

 

 These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

 

 You must be at least 13 years of age to use this website.  By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 13 years of age.

 

 This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to Canada Air Virtual's use of cookies in accordance with the terms of Canada Air Virtual’s privacy policy / cookies policy.

 

 

License to use website

 Unless otherwise stated, Canada Air Virtual and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

 You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

 You must not:

          Republish material from this website (including republication on another website);

          Sell, rent or sub-license material from the website;

          Show any material from the website in public;

          Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

          Edit or otherwise modify any material on the website; or

          Redistribute material from this website except for content specifically and expressly made available for redistribution.

          Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

 

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

 You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

 You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Canada Air Virtual’s express written consent.

 You must not use this website to transmit or send unsolicited commercial communications.

 You must not use this website for any purposes related to marketing without Canada Air Virtual’s express written consent.

 

Restricted access

 Access to certain areas of this website is restricted. Canada Air Virtual reserves the right to restrict access to other areas of this website, or indeed this entire website, at Canada Air Virtual’s discretion.

 If Canada Air Virtual provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

 Canada Air Virtual may disable your user ID and password at Canada Air Virtual’s sole discretion without notice or explanation.

 

User content

 In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Canada Air Virtual a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Canada Air Virtual the right to sub-license these rights, and the right to bring an action for infringement of these rights.

 Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Canada Air Virtual or a third party (in each case under any applicable law). 

 You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 Canada Air Virtual reserves the right to edit or remove any material submitted to this website, or stored on Canada Air Virtual servers, or hosted or published upon this website.

 Notwithstanding Canada Air Virtual’s rights under these terms and conditions in relation to user content, Canada Air Virtual does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

 

No warranties

 This website is provided “as is” without any representations or warranties, express or implied. Canada Air Virtual makes no representations or warranties in relation to this website or the information and materials provided on this website. 

 Without prejudice to the generality of the foregoing paragraph, Canada Air Virtual does not warrant that:

  This website will be constantly available, or available at all; or

  The information on this website is complete, true, accurate or non-misleading.

 Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

 

Limitations of liability

 Canada Air Virtual will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  To the extent that the website is provided free-of-charge, for any direct loss;

  For any indirect, special or consequential loss; or

  For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

 These limitations of liability apply even if Canada Air Virtual has been expressly advised of the potential loss.

 

Exceptions

 Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Canada Air Virtual’s liability in respect of any:

  Death or personal injury caused by Canada Air Virtual’s negligence;

  Fraud or fraudulent misrepresentation on the part of Canada Air Virtual; or

  Matter which it would be illegal or unlawful for Canada Air Virtual to exclude or limit, or to attempt or purport to exclude or limit, its liability.

 

Reasonableness

 By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

 If you do not think they are reasonable, you must not use this website.

 

Other parties

 You accept that, as a limited liability entity, Canada Air Virtual has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Canada Air Virtual’s officers or employees in respect of any losses you suffer in connection with the website.

 Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Canada Air Virtual’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Canada Air Virtual.

 

Unenforceable provisions

 If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

 

Indemnity

 

You hereby indemnify Canada Air Virtual and undertake to keep Canada Air Virtual indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Canada Air Virtual to a third party in settlement of a claim or dispute on the advice of Canada Air Virtual’s legal advisers) incurred or suffered by Canada Air Virtual arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

 

Breaches of these terms and conditions

 Without prejudice to Canada Air Virtual’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Canada Air Virtual may take such action as Canada Air Virtual deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

 

Variation

 Canada Air Virtual may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

 

Assignment

 Canada Air Virtual may transfer, sub-contract or otherwise deal with Canada Air Virtual’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

 

Severability

 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

Entire agreement

These terms and conditions, together with our Privacy Statement, Cookies Policy, Copyright Notice, Anti-Spam and Linking Policies, constitute the entire agreement between you and Canada Air Virtual in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

 

Law and jurisdiction

 These terms and conditions will be governed by and construed in accordance with Canadian Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Canada.

 

PRIVACY STATEMENT

 Your privacy is important to Canada Air Virtual.  This privacy statement provides information about the personal information that Canada Air Virtual collects, and the ways in which Canada Air Virtual uses that personal information.

 

Personal information collection

 Canada Air Virtual may collect and use the following kinds of personal information:

  Information about your use of the website

  Information that you provide  for the purpose of registering as a member of Canada Air Virtual

  Information that you provide for the purpose of subscribing to the website services

  Any other information that you send to Canada Air Virtual

 

Using personal information

 Canada Air Virtual may use your personal information to:

          Administer this website

          Personalize the website for you

          Enable your access to and use of the website services

          Publish information about you on the website

          Send to you information via private message or email

 

Canada Air Virtual will only discloses your name, pilot ID and flight details to its agents or sub-contractors for the purposes of advertising this Virtual Airline, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

 In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Canada Air Virtual may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

 

Securing your data

 Canada Air Virtual will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

 Canada Air Virtual will store all the personal information you provide on its secure servers, all personal information will be protected by encryption technology.

 

Updating this statement

 Canada Air Virtual may update this privacy policy by posting a new version on our website. 

 You should check this page occasionally to ensure you are familiar with any changes. 

 

Other websites

 Canada Air Virtual contains links to other websites. 

 Canada Air Virtual is not responsible for the privacy policies or practices of any third party.

 

COOKIES POLICY

 About cookies

 This website uses cookies.  By using this website and agreeing to this policy, you consent to Canada Air Virtual's use of cookies in accordance with the terms of this policy.

 Cookies are files sent by web servers to web browsers, and stored by the web browsers.

 The information is then sent back to the server each time the browser requests a page from the server.  This enables a web server to identify and track web browsers.

 There are two main kinds of cookies: session cookies and persistent cookies.  Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.

 

Cookies on our website

 Canada Air Virtual uses the following cookies on this website, for the following purposes:

  Authentication cookie (Session Cookie) used for the purpose of allowing you access to restricted areas of the website

 

 Refusing cookies

 Most browsers allow you to refuse to accept cookies. 

 In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector. 

 In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.

 Blocking cookies will have a negative impact upon the usability of some websites.


COPYRIGHT NOTICE

Ownership of copyright

 The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by Canada Air Virtual. Where material is owned by a third party, it is used under fair-use or any other applicable licences, however they retain the copyright and trademarks of that material and the right to have it removed from the website.

 

Copyright license

 Canada Air Virtual grants to you a worldwide non-exclusive royalty-free revocable license to:

  View this website and the material on this website on a computer or mobile device via a web browser;

  Copy and store this website and the material on this website in your web browser cache memory; and

  Print pages from this website for your own personal and non-commercial use.

 Canada Air Virtual does not grant you any other rights in relation to this website or the material on this website.   In other words, all other rights are reserved.

 For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Canada Air Virtual’s prior written permission.  

 

Data mining

 The automated and/or systematic collection of data from this website is prohibited.

 

Permissions

 You may request permission to use the copyright materials on this website by writing to Canada Air Virtual via email

 

Enforcement of copyright

 Canada Air Virtual takes the protection of its copyright very seriously.

 If Canada Air Virtual discovers that you have used its copyright materials in contravention of the license above, Canada Air virtual may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials.  You could also be ordered to pay legal costs.

 If you become aware of any use of Canada Air Virtual copyright materials that contravenes or may contravene the license above, please report this by email to Canada Air Virtual.

 

Infringing material

 If you become aware of any material on the website that you believe infringes your or any other person's copyright, please report this by email to Canada Air Virtual.

 

LINKING POLICY

Status of linking policy

 Canada Air Virtual welcomes links to this website made in accordance with the terms of this linking policy.

 This linking policy is intended to assist you when linking to this website. By using this website you agree to be bound by the terms and conditions of this linking policy.

 

Links to this website

Links pointing to this website should not be misleading. 

 Appropriate link text should be always be used.

 From time to time the URL structure of this website may be updated, and unless Canada Air Virtual agrees in writing otherwise, all links should point to http://canadaairvirtual.ca

 You may use the Canada Air Virtual logo to link to this website or for the purpose of advertising this website

 You must not frame the content of this website or use any similar technology in relation to the content of this website.

 

Links from this website

 This website includes links to other websites owned and operated by third parties.  These links are not endorsements or recommendations. 

 Canada Air virtual has no control over the contents of third party websites, and Canada Air Virtual accepts no responsibility for them or for any loss or damage that may arise from your use of them.

 

Removal of links

 You agree that, should Canada Air Virtual request the deletion of a link to our website that is within your control, you will delete the link promptly.

 If you would like Canada Air Virtual to remove a link to your website that is included on this website, please contact Canada Air Virtual using the contact details below.  Note that unless you have a legal right to demand removal, such removal will be at our discretion.

 

Changes to this linking policy

 Canada Air Virtual may amend this linking policy at any time by publishing a new version on this website.

 

 

ANTI-SPAM POLICY

What is spam?

 In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. 

 Canada Air Virtual has a zero-tolerance spam policy.

 

Automated spam filtering

 Canada Air Virtual's messaging systems automatically scan all incoming email and other messages, and filter-out messages that appear to be spam. 

 

Problems with spam filtering

 No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by Canada air Virtual’s systems. 

 If you believe this has happened to a message you have sent, please advise the message recipient by another means.

 You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.

 

Receipt of unwanted messages from Canada Air virtual

 In the unlikely event that you receive any message from Canada air Virtual or sent using Canada Air Virtual’s systems that may be considered to be spam, please contact Canada Air Virtual using the details below and the matter will be investigated.

 

Changes to this anti-spam policy

 Canada Air Virtual may amend this anti-spam policy at any time by publishing a new version on this website.

 

Credit

 This document was created using a Contractology template available at  http://www.freenetlaw.com

 

 Contact Canada Air Virtual if you have any questions about the policies on this page via email at: staffteam@canadaairvirtual.ca