PRE OWNED HELICOPTERS PORTAL USE TERMS AND CONDITIONS
1. Definitions
The following capitalised terms, as used in these Terms and Conditions shall have the meaning set forth next to them:
Helicopter(s): shall mean civil pre-owned helicopter(s) manufactured by AgustaWestland.
Information: shall mean technical, financial, commercial, personal data and/or information or other kind of information including but not limited to any information related to the Helicopters and their owners, communicated or obtained directly or indirectly in writing, orally or by any other means at the time of the access to the Pre-owned Helicopters Portal.
Personal data: shall mean any information relating to natural or legal person, bodies or associations that are or can be identified, even indirectly, by reference to any other information including a personal identification number.
Transaction: shall mean any agreement concerning the sale and purchase of Helicopters as well as any other transfer of title to or right to use any Helicopter.
User: shall mean any natural or legal person accessing and/or using the Pre-owned Helicopters Portal, including Helicopters owner ("Owner(s)"), any potential seller ("Advertiser") and/or buyer who may look up or post any information and/or advertisement on the Pre-owned Helicopters Portal.
2. Portal Purpose
In the AgustaWestland Internet site www.agustawestland.com there is the link to the "Pre-owned Helicopters Portal" (the "Portal"), a section where Users, free of charge, can post or find advertisements for pre-owned Helicopters and where Users can enter in contact with one another for potential Transactions concerning the Helicopters. This opportunity is provided by AgustaWestland as a courtesy service and free of charge to all Users, who accept it on an "as is" basis, and no brokerage fees will be claimed by AgustaWestland for Transactions between Users. User acknowledges that AgustaWestland has the faculty but not the obligation to post on the Portal any advertisements. AgustaWestland has the right, at its sole discretion, to refuse or to remove at any time any Information and or advertisement that is made available through the Pre-owned Helicopters Portal with no prior notice. Removal of Information from the Portal, or information modification previously provided, upon User’s request shall occur within fifteen (15) working days of receipt of written request by e-mail to the Portal administrator at the following address:preowned.mbx@agustawestland.com. It will be the Owner’s sole responsibility to inform by e-mail the Portal administrator when the Helicopters have been sold and that they should not appear longer on the Pre-owned Helicopters Portal. None of the advertisements in the Pre-owned Helicopters Portal constitutes an offer to the general public ("Offerta al pubblico"), either by the Advertisers or by AgustaWestland and is not intended to contractually bind either User or AgustaWestland in any way but just to invite Users to make further contacts with Advertisers which may or may not eventually result in a Transaction. The use of or access to the Portal does not create nor imply any obligation to enter into any Transaction with respect to any Helicopter. These Terms & Conditions only apply to use of the Portal by any of its Users and may be modified by AgustaWestland at its sole discretion at any time. Any possible Transaction will be subject to separate agreement being possibly entered into between the relevant parties. No rights, obligations, liability or responsibility of AgustaWestland will derive from the Transaction unless and to the extent AgustaWestland is a signatory party to the relevant separate agreement(s).
3. Users Responsibilities
Each User acknowledges and agrees that all Information, data, text, software, photographs, graphics, videos, messages, or other materials, whether posted or transmitted in public, are the responsibility of the person from which originated and AgustaWestland cannot and does not guarantee the accuracy, integrity, or quality of the Information given or posted by any User. Therefore, each User agrees that, with the exclusion of AgustaWestland, it is exclusively responsible for all Information that said User has uploaded, posted, emailed, transmitted, or otherwise made available, as well as for any errors or omissions in any of such Information, or for any loss or damage of any kind incurred by anyone (including third parties) as a result of the use of any Information posted, emailed, or otherwise made available trough the Portal and/or in connection with the use of the Portal. It will be each Advertiser’s sole responsibility to provide accurate, complete and reliable Information describing the Helicopters included in the data sheet. Each Advertiser commits themselves to post the aforementioned Information where applicable when listing Helicopters on the Pre-owned Helicopters Portal. Each Advertiser who posts advertisement on the Portal represents and warrants that they are the lawful owners of the Helicopters or have the right to dispose of the Helicopters and that such Helicopters:
4. Warranty, Liability, Indemnity
AgustaWestland provides the Portal without any warranty of any kind on a fully free basis. AgustaWestland does not assume any warranty or liability, express or implied, for the use of the Portal by Users. AgustaWestland does not assume any warranty or liability, express or implied, for the condition, equipment, fitness for any purpose, or any advertised properties of any Helicopter advertised by any User on the Portal or the accuracy of any data or Information stored on the Portal, including but not limited to the identity of Users, their legal capacity, solvency or good faith.
4.1. Helicopter's Warranty.Each User agrees that no Helicopters listed on the Portal are with any warranty of any kind from AgustaWestland unless and to the extent AgustaWestland becomes a signatory party to the Transaction.
4.2. Liability. In no event shall AgustaWestland be liable for any direct, indirect, incidental, special, consequential or other damages arising out of or in any way connected to the use of the Pre-owned Helicopters Portal or to the delay or inability to use this Pre-owned Helicopters Portal, or any Information obtained through this Pre-owned Helicopters Portal. In no event shall AgustaWestland assume any liability or responsibility for the accuracy, completeness, or usefulness of any information contained on the Pre-owned Portal for any purpose. In no event shall AgustaWestland be liable for legal consequences arising out of Users Transactions. In case of any actions, claims or suits or other proceedings against AgustaWestland which are based on the Transaction, Users must take over, at their own costs and expenses, the defense against such actions, claims, or suits or other proceedings, and must hold AgustaWestland harmless from any liability, loss, damage, or expenses arising out of such Transaction or defect of the Helicopters.
4.3. Indemnity. Each User agree to indemnify and hold AgustaWestland harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind, including attorney's fees, announced and/or asserted against AgustaWestland by anyone as a result of or in connection with that User's:
5. Intellectual Property and third party web sites
Each User acknowledges and agrees that the Portal and software used in connection with the Portal contains proprietary and confidential information that is protected by applicable intellectual property laws and regulations. User shall not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Portal and/or any relevant software. The Portal may provide, or third parties may provide, links to other web sites or resources. User acknowledges and agrees that AgustaWestland is not responsible for the availability of such external sites or resources, and is not responsible or liable for any information or other material on or available from such sites or resources. User further acknowledges and agrees that AgustaWestland shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content available on or through any such site or resource.
6. Security
Although AgustaWestland has implemented multiple security measures to protect against the loss, misuse, and alteration of any Information, AgustaWestland cannot and does not warrant complete security of the Portal for Users. AgustaWestland, also, does not warrant:
7. Information to Personal data owner
This information is provided in accordance with art. 13 of the Legislative Decree n. 196 dated 30 June 2003 "Personal data protection Code" for the protection of the Users Personal data. As a consequence of the access to and/or use of the Portal, Personal data may be processed. The Personal data processor ("Responsabile del trattamento dei dati personali") is within the AgustaWestland organization the Senior Vice President Commercial Business Unit. The Personal data processing connected with the access and/or use of the Portal is performed in the AgustaWestland offices and is carried out by the responsible of Used Helos Management & Slot Allocation, office in charge of the processing ("incaricato del trattamento"). The Personal data provided by Users are processed and used only for the Purpose of the Portal and are disclosed to third parties only if required by such Purpose. Users are free to provide the required personal data, but failure in providing such data may prevent AgustaWestland from posting information and advertisement on the Portal. The Personal data are processing is carried out with electronic and automatic means for the time necessary to the Portal Purpose. A Data subject has the right, in accordance with art. 7 of the Personal data protection Code, to obtain confirmation as to whether or not Personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form. A Data subject has the right to obtain:
8. Applicable Law and Disputes
This Terms and Conditions are governed by the substantive laws of the Republic of Italy. The Court (Tribunale) of Busto Arsizio (Italy) shall have exclusive jurisdiction over any dispute arising from the use of the Portal and/or these Terms and Conditions.
The following capitalised terms, as used in these Terms and Conditions shall have the meaning set forth next to them:
AgustaWestland: shall mean AGUSTA S.p.A., an Italian company, with a sole shareholder, having a registered office in Samarate, Cascina Costa (VA), Via Giovanni Agusta n. 520, Italy, stock capital Euro 702.537.000,00 fully paid up, number of registration at the Chamber of Commerce of Varese and Fiscal Code 02512010121, subject to the direction and coordination of AgustaWestland N.V.
Personal data owner ("interessato"): shall mean any natural or legal person, body or association that is the subject of the Personal data.
Personal data owner ("interessato"): shall mean any natural or legal person, body or association that is the subject of the Personal data.
Helicopter(s): shall mean civil pre-owned helicopter(s) manufactured by AgustaWestland.
Information: shall mean technical, financial, commercial, personal data and/or information or other kind of information including but not limited to any information related to the Helicopters and their owners, communicated or obtained directly or indirectly in writing, orally or by any other means at the time of the access to the Pre-owned Helicopters Portal.
Personal data: shall mean any information relating to natural or legal person, bodies or associations that are or can be identified, even indirectly, by reference to any other information including a personal identification number.
Transaction: shall mean any agreement concerning the sale and purchase of Helicopters as well as any other transfer of title to or right to use any Helicopter.
User: shall mean any natural or legal person accessing and/or using the Pre-owned Helicopters Portal, including Helicopters owner ("Owner(s)"), any potential seller ("Advertiser") and/or buyer who may look up or post any information and/or advertisement on the Pre-owned Helicopters Portal.
2. Portal Purpose
In the AgustaWestland Internet site www.agustawestland.com there is the link to the "Pre-owned Helicopters Portal" (the "Portal"), a section where Users, free of charge, can post or find advertisements for pre-owned Helicopters and where Users can enter in contact with one another for potential Transactions concerning the Helicopters. This opportunity is provided by AgustaWestland as a courtesy service and free of charge to all Users, who accept it on an "as is" basis, and no brokerage fees will be claimed by AgustaWestland for Transactions between Users. User acknowledges that AgustaWestland has the faculty but not the obligation to post on the Portal any advertisements. AgustaWestland has the right, at its sole discretion, to refuse or to remove at any time any Information and or advertisement that is made available through the Pre-owned Helicopters Portal with no prior notice. Removal of Information from the Portal, or information modification previously provided, upon User’s request shall occur within fifteen (15) working days of receipt of written request by e-mail to the Portal administrator at the following address:preowned.mbx@agustawestland.com. It will be the Owner’s sole responsibility to inform by e-mail the Portal administrator when the Helicopters have been sold and that they should not appear longer on the Pre-owned Helicopters Portal. None of the advertisements in the Pre-owned Helicopters Portal constitutes an offer to the general public ("Offerta al pubblico"), either by the Advertisers or by AgustaWestland and is not intended to contractually bind either User or AgustaWestland in any way but just to invite Users to make further contacts with Advertisers which may or may not eventually result in a Transaction. The use of or access to the Portal does not create nor imply any obligation to enter into any Transaction with respect to any Helicopter. These Terms & Conditions only apply to use of the Portal by any of its Users and may be modified by AgustaWestland at its sole discretion at any time. Any possible Transaction will be subject to separate agreement being possibly entered into between the relevant parties. No rights, obligations, liability or responsibility of AgustaWestland will derive from the Transaction unless and to the extent AgustaWestland is a signatory party to the relevant separate agreement(s).
3. Users Responsibilities
Each User acknowledges and agrees that all Information, data, text, software, photographs, graphics, videos, messages, or other materials, whether posted or transmitted in public, are the responsibility of the person from which originated and AgustaWestland cannot and does not guarantee the accuracy, integrity, or quality of the Information given or posted by any User. Therefore, each User agrees that, with the exclusion of AgustaWestland, it is exclusively responsible for all Information that said User has uploaded, posted, emailed, transmitted, or otherwise made available, as well as for any errors or omissions in any of such Information, or for any loss or damage of any kind incurred by anyone (including third parties) as a result of the use of any Information posted, emailed, or otherwise made available trough the Portal and/or in connection with the use of the Portal. It will be each Advertiser’s sole responsibility to provide accurate, complete and reliable Information describing the Helicopters included in the data sheet. Each Advertiser commits themselves to post the aforementioned Information where applicable when listing Helicopters on the Pre-owned Helicopters Portal. Each Advertiser who posts advertisement on the Portal represents and warrants that they are the lawful owners of the Helicopters or have the right to dispose of the Helicopters and that such Helicopters:
- are airworthy with proper civilian airworthiness release certifications,
- are maintained and stored according to the civilian aviation authority and the AgustaWestland requirements and have the relevant traceability documents,
- have been repaired or overhauled by AgustaWestland's approved repair centers only,
- are not counterfeit, nor infringe on any intellectual property rights,
- comply with all applicable laws and regulations concerning export control,
- have not been in military use.
4. Warranty, Liability, Indemnity
AgustaWestland provides the Portal without any warranty of any kind on a fully free basis. AgustaWestland does not assume any warranty or liability, express or implied, for the use of the Portal by Users. AgustaWestland does not assume any warranty or liability, express or implied, for the condition, equipment, fitness for any purpose, or any advertised properties of any Helicopter advertised by any User on the Portal or the accuracy of any data or Information stored on the Portal, including but not limited to the identity of Users, their legal capacity, solvency or good faith.
4.1. Helicopter's Warranty.Each User agrees that no Helicopters listed on the Portal are with any warranty of any kind from AgustaWestland unless and to the extent AgustaWestland becomes a signatory party to the Transaction.
4.2. Liability. In no event shall AgustaWestland be liable for any direct, indirect, incidental, special, consequential or other damages arising out of or in any way connected to the use of the Pre-owned Helicopters Portal or to the delay or inability to use this Pre-owned Helicopters Portal, or any Information obtained through this Pre-owned Helicopters Portal. In no event shall AgustaWestland assume any liability or responsibility for the accuracy, completeness, or usefulness of any information contained on the Pre-owned Portal for any purpose. In no event shall AgustaWestland be liable for legal consequences arising out of Users Transactions. In case of any actions, claims or suits or other proceedings against AgustaWestland which are based on the Transaction, Users must take over, at their own costs and expenses, the defense against such actions, claims, or suits or other proceedings, and must hold AgustaWestland harmless from any liability, loss, damage, or expenses arising out of such Transaction or defect of the Helicopters.
4.3. Indemnity. Each User agree to indemnify and hold AgustaWestland harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind, including attorney's fees, announced and/or asserted against AgustaWestland by anyone as a result of or in connection with that User's:
- use of the Portal;
- breach of any provision of these Terms and Conditions; or
- unlawful (under contract or in tort) act.
5. Intellectual Property and third party web sites
Each User acknowledges and agrees that the Portal and software used in connection with the Portal contains proprietary and confidential information that is protected by applicable intellectual property laws and regulations. User shall not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Portal and/or any relevant software. The Portal may provide, or third parties may provide, links to other web sites or resources. User acknowledges and agrees that AgustaWestland is not responsible for the availability of such external sites or resources, and is not responsible or liable for any information or other material on or available from such sites or resources. User further acknowledges and agrees that AgustaWestland shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content available on or through any such site or resource.
6. Security
Although AgustaWestland has implemented multiple security measures to protect against the loss, misuse, and alteration of any Information, AgustaWestland cannot and does not warrant complete security of the Portal for Users. AgustaWestland, also, does not warrant:
- that access to the Pre-owned Helicopters Portal will be continuous, uninterrupted, and secure; nor
- that any and all Information provided in connection with the Pre-owned Helicopters Portal will be free from errors, viruses, or other defects.
- damage or otherwise interfere with the Pre-owned Helicopters Portal or any other AgustaWestland system; or
- intercept or expropriate any system, data or personal information contained on the Pre-owned Helicopters Portal or in any other AgustaWestland system.
7. Information to Personal data owner
This information is provided in accordance with art. 13 of the Legislative Decree n. 196 dated 30 June 2003 "Personal data protection Code" for the protection of the Users Personal data. As a consequence of the access to and/or use of the Portal, Personal data may be processed. The Personal data processor ("Responsabile del trattamento dei dati personali") is within the AgustaWestland organization the Senior Vice President Commercial Business Unit. The Personal data processing connected with the access and/or use of the Portal is performed in the AgustaWestland offices and is carried out by the responsible of Used Helos Management & Slot Allocation, office in charge of the processing ("incaricato del trattamento"). The Personal data provided by Users are processed and used only for the Purpose of the Portal and are disclosed to third parties only if required by such Purpose. Users are free to provide the required personal data, but failure in providing such data may prevent AgustaWestland from posting information and advertisement on the Portal. The Personal data are processing is carried out with electronic and automatic means for the time necessary to the Portal Purpose. A Data subject has the right, in accordance with art. 7 of the Personal data protection Code, to obtain confirmation as to whether or not Personal data concerning him exist, regardless of their being already recorded, and communication of such data in intelligible form. A Data subject has the right to obtain:
- updating, rectification or, where interested therein, integration of the personal data;
- erasure, anonymization or blocking of personal data that have been processed unlawfully, including data whose retention is unnecessary for the purpose for the purpose for which they have been collected or subsequently processed;
- certification to the effect that the operations as per point a and b above have been notified, as also related to their contents, to the entities to whom or which the personal data were communicated or disseminated, unless this requirement proves impossible or involves a manifestly disproportionate effort compared with the right that is to be protected.
8. Applicable Law and Disputes
This Terms and Conditions are governed by the substantive laws of the Republic of Italy. The Court (Tribunale) of Busto Arsizio (Italy) shall have exclusive jurisdiction over any dispute arising from the use of the Portal and/or these Terms and Conditions.