OSM Aviation will provide CREW ASSIST and related Products to you as ourCustomer subject to these Terms and Conditions.
PLEASE READ THESE TERMS CAREFULLY
Thisagreement is a legal agreement between you (“Customer or you”)and OSM AVIATION NORWAY AS incorporated and registered in Lysaker, Norway withcompany number 979 705 654 (“OSM Aviation”).
1.1 These subscription terms and conditions (“Termsand Conditions”) are accepted by clicking Purchase Product or service CREWASSIST.
If you are accepting on behalf of your employer oranother legal entity, you warrant that you have the full legal authority tobind the entity to the Customer.
2.1 The subscription becomes effective upon acceptanceand will continue to be in effect until terminated in accordance with theseTerms and Conditions.
2.2 The first invoicing period runs from the acceptanceand one month ahead. After that, invoicing takes placeautomatically every month in advance on the previous acceptance date.[E1]
2.3 The Customer shall pay theSubscription Fees by debit or credit card through the Website. The Supplier uses the thirdparty payment processor Stripe [E2] to process card payments. The Supplier does not store or process anycard details on its own servers.
The third party payment processor will store thecard details used to pay the subscription fees and will use those same carddetails to automatically take payment for any subscription fees in respect ofeach renewal period.
3.1 In accordance with these Terms and Conditions,the Customer is granted a non-exclusive limited right to use the CREW ASSISTplatform, services, and any selected additional modules or products (collectivelythe “Product”) which are ordered and accepted. The Customer is not granted anylicense to implement or share the Product in any way other than as a web onlineplatform.
3.2 The Customer’s subscription entitles theCustomer to use the Product. The Customer may, during any subscription term,upgrade to the next level of user subscriptions or add further services bynotifying OSM Aviation and paying the additional fees. UponAcceptance, the subscription will be upgraded or the new service or productwill be offered, and the Customer agrees to pay the consequential increase inthe subscription at the current rates for such.
3.3 CREW ASSIST provides a list of subscriptiontypes as well as a list of additional products and services. Some modules andservices may be subject to separate terms and conditions, which must beaccepted in addition to these Terms and Conditions before use.
3.4 Only the Customer is entitled to usethe Product, and the Product may not be used for or on behalf of any otherparties or for data processing for other parties than the Customer. TheCustomer agrees to be fully responsible and liable for any third parties thatare given access to the Product or who use the Customer’s login details. TheCustomer is not entitled to assign the subscription or grant access to the Productto any third party.
3.6 The Customer shall ensure that the Product is notused in any manner which will have negative effect on the name, reputation,and/or goodwill of CREW ASSIST or OSM Aviation or that will imply a breach ofany applicable law or regulation.
3.7 TheCustomer shall keep a secure password for their use of the Services, and suchpassword shall be changed frequently. Customer shall keep their password confidential.
3.8 The Customer shall not attempt to copy, modify, duplicate, create derivative works from, frame,mirror, republish, download, display, transmit, or distribute all or anyportion of the Productor Documentation (as applicable) in any form or attemptto reverse compile, disassemble, reverse engineer or otherwise reduce tohuman-perceivable form all or any part of the content.
Access will be unblocked after receipt of payment.
4.2 The Customer accepts that invoices andreminders sent by email to the email address provided by the Customer shall bedeemed delivered when sent by OSM Aviation.
4.3 The prices, rates and subscription types inforce from time to time can be found on Crew Assist [E4] websiteand may be changed with one month’s notice. All prices are excluded VAT, whichshall be applied at the prevailing rate.
5.1 The Customer may terminate the subscription,remove additional modules etc, each with effect from the Acceptance date next month.
Information on termination from the Customer mustbe received before the invoice is issued for a new period. The access to subscription [E5] service will stop 1 month after the termination date, starting from thesame day of the month as the Acceptance date, and Customer will be charged accordinglyto the termination date[E6] .
5.2 OSM Aviation is entitled to terminate thesubscription at the end of any calendar month by giving 1 month notice orimmediately if the Customer commits a material breach of these Terms andConditions or if the Customer is a company and becomes insolvent or has areceiver or administrator appointed over its assets.
5.3 If the Customer has ordered personal coaching,the appointment may be terminated at the latest 48 business hours before theappointment in order to claim full refund. The cancellation shall be sent to email@example.com.
5.4 If the Customer has ordered personal testingthe service cannot be terminated and the Customer will be charged regardless ofwhether the Customer takes the test or not.
6. CUSTOMER DATA
6.1 OSM Aviation reserves the right to deleteCustomer data 90 days after termination of the subscription regardless of thereason for termination.
6.2 OSM Aviation shall be entitled to storeCustomer data after termination in anonymized form for statistical and analyticalpurposes only.
6.3 OSM Aviation may disclose Customer data tothird parties and public authorities where such disclosure in OSM Aviation’sopinion is justifiable and reasonable, e.g. public authority orders or thelike.
7.1 OSM Aviation strives towards thehighest possible operational stability,but shall not be responsible or liablefor any breakdowns or service interruptions, including but not limited to any interruptionscaused by factors beyond OSM Aviation’s control. The Product and the serviceare provided “as is” and OSM Aviation expressly disclaims any furtherrepresentations, warranties, conditions or other terms, express or implied,including but not limited to implied warranties, conditions or other terms ofsatisfactory quality. OSM Aviation will use reasonable commercial endeavors torestore normal operations as soon as possible.
7.2 Planned interruptions will mainlytake place between 21:00-06:00 CET.
8.1 OSM Aviation may update and improve the Producton a continuous basis. OSM Aviation may also change the composition and designof the Product and services. Any such changes may be with or without notice andmay affect the prior results or information uploaded to or provided by the Product.
9.1 The Product and any information provided by it,other than the Customer’s data, is protected by copyright and otherintellectual property rights and is owned by OSM Aviation. No intellectualproperty rights are assigned to the Customer.
9.2 In relation to any and all material uploaded bythe Customer and any and all Customer data, the Customer grants to OSM Aviation,its suppliers, and sub-contractors a non-exclusive worldwide irrevocablelicense to provide the Product and related services including marketingservices to the Customer. The Customer represents and warrants that no uploadedmaterial or Customer data will infringe third party rights or intellectualproperty rights and will not contain any material that is obscene, offensive,inappropriate or in breach of any applicable law.
10.1 OSM Aviation is entitled to assign its rightsand obligations vis-à-vis the Customer to a group company or to a third party. The Customer accepts that OSM Aviationis entitled to use subcontractors in all matters.
11.1 OSM Aviation disclaims all liability and shallnot be liable in any way, in contract, outside contract, tort (includingnegligence), statutory duty, pre-contract or otherwise arising out of or inconnection with these Terms and Conditions or the Product for any (a) direct orconsequential, indirect or special loss or damage; or (b) any loss of goodwill,reputation or data; or (c) any economic losses (including loss of revenues,profits, contracts, business or anticipated savings).
11.2 OSM Aviation is not liable for third partysolutions that are available via and/or integrated with the Product. Consequently,OSM Aviation cannot be held liable for the correctness, completeness, quality,and reliability of the information or for the results which are achieved bymeans of such third-party solutions. OSM Aviation cannot be held liable for theavailability, security or functionality of such third-party solutions.
11.3 The maximum liability of OSMAviation in contract, tort (including negligence), statutory duty, or otherwisearising out of or in connection with the Terms and Conditions or the Product;shall, in respect of any one or more events or series of events (whetherconnected or unconnected), be limited to the fees paid by Customer in the lasttwelve month period or Euro 1000, whichever is the greater.
12.1 OSM Aviation will only processCustomer data in accordance with the Customer’s acceptance and in order toprovide the Product and not for its own, unauthorized purposes.
12.2 OSM Aviation will keepconfidential all of the Customer’s confidential information that the Customerprovides to OSM Aviation save to where such information has come into thepublic domain other than by breach of this clause or where it is required to bedisclosed by a regulatory or government body or court of competentjurisdiction.
12.3 OSM Aviation shall take all necessarytechnical and organizational security measures to ensure the safe and secureprocessing of any Customer data. OSM Aviation shall comply with its obligationsunder the EU General Data Protection Regulation.
13.1 OSM Aviation may update theseTerms and Conditions from time to time. The current version of the Terms andConditions in force from time to time are available on Crew Assist’s website. OSMAviation shall endeavor to provide reasonable notice of any changes by postingsuch changes on the web site. Further use of the Product after any change tothe Terms and Conditions shall be deemed to be acceptance of such Terms andConditions. It is the Customer’s responsibility to check the website regularlyto keep updated on any changes to these Terms and Conditions.
OSM Aviation shall have no liability to theCustomer under this agreement if it is prevented from or delayed in performingits obligations under this agreement, or from carrying on its business, byacts, events, omissions or accidents beyond its reasonable control, including,without limitation, strikes, lock-outs or other industrial disputes (whetherinvolving the workforce of the Supplier or any other party), pandemics, failureof a utility service or transport or telecommunications network, act of God, war,riot, civil commotion, malicious damage, compliance with any law orgovernmental order, rule, regulation or direction, accident, breakdown of plantor machinery, fire, flood, storm or default of suppliers or sub-contractors,provided that the Customer is notified of such an event and its expectedduration.
14.1 These terms and conditions shall be construedin accordance with the laws of Norway and each party hereby irrevocably submitsto the non-exclusive jurisdiction of the courts of Aarhus, Denmark.
These Terms and Conditions become effective on October1st 2020, and supersede all previous terms and conditions.