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Terms and Conditions

HelicopterListings Terms and Conditions

 

Agreement Between Users and HelicopterListings.com

Welcome to HelicopterListings.com. The HelicopterListings.com website (known as the “Site”, “Website”, or “HelicopterListings”) is composed of various webpages operated by HelicopterListings. HelicopterListings.com is offered to you based on the acceptance without modification of the terms, conditions, and notices contained herein (known as the “Terms and Conditions”). Your use of the Site is dependent upon the acceptance of these Terms and Conditions.

Common Definitions and Terms

  • Buyer means the role and profile type using the website to find a helicopter for sale, lease, or charter
  • Buyer Package(s) means a pricing package or packages offered for sale as a subscription or as a digital product to Buyers on our website.
  • HelicopterListings.com means the website and platform which gives Buyers and Sellers an opportunity to connect with each other in the helicopter marketplace, regarding helicopters for sale, lease, or charter
  • Fixed pricing means a For Sale Price Type in which the Seller is offering the helicopter(s) at a firm, non-negotiable price to Buyers
  • For Charter means a Listing type on the website in which the Seller is offering their helicopter(s) for potential charter flights to Buyers
  • For Lease means a Listing type on the website in which the Seller is offering their helicopter(s) for potential helicopter lease flight hours or contracts to Buyers
  • For Sale means a Listing type on the website in which the Seller is offering their helicopter(s) for sale to potential helicopter Buyers
  • Listing(s) means a listing or listings on the website created by the Seller to list a helicopter for sale, lease, or charter
  • Seller Package(s) means a pricing package or packages offered for sale as a digital product to Sellers on the website.
  • Make Offer means a For Sale Price Type in which the Buyer makes an offer on a helicopter for sale to the Seller
  • Minimum Price means pricing a Seller specifies as the lowest selling price a Seller is willing to sell a helicopter for in a Make Offer Price Type Listing.
  • Off Market means a For Sale Price Type in which the Seller is offering a helicopter for sale to a Buyer with limited information to keep helicopter details off the market
  • On Call means a For Sale Price Type in which the Seller provides pricing upon contact from the Buyer
  • Price Type means a type of listing pricing on the website that is designated by a Seller. This can be a Fixed, On Call, Make Offer, or an Off Market Price Type.
  • Seller means a role type with the profile type of a(n) – Owner, Operator, Dealer, or Broker – using the website to offer a helicopter for sale, lease, or charter
  • User means a Buyer and a Seller role using the website
  • User Content means all material (media, data, or communications) submitted by a Buyer or Seller onto the website and displayed or stored on or off our servers

Privacy

Using our Site, we do our best to protect your personal and business information and maintain its privacy. This Site may use cookies to collect information about Users on the website and provide a better experience. By using this Site, you consent to us collecting data and information, as spelled forth in the Privacy Policy. Please review our Privacy Policy and understand what data we collect from our Users.

I. General

By using our Site, you agree that you are 18 years of age or older. You must be at least 18 years of age or older to use this Site.

You must not do the following:

  • Replenish material from this Site (including republication on another site) without permission
  • Sell, rent, or sub-license material from the website
  • Reproduce, duplicate, copy, and/or exploit any material from this Site for commercial purposes
  • Redistribute content from the Site, unless the content is made available for redistribution by HelicopterListings with our full consent

II. Acceptable Use

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

You must agree to only create one (1) User account for this website.  

Sellers must have the full permission and accessibility to all helicopters they list on HelicopterListings.com. If there is any activity on the website where a Seller does not have permission and accessibility to the helicopter listed, this could result in deletion of the listing(s) and being permanently banned from this website. We randomly verify the permission and accessibility for a Seller to list a helicopter, but we cannot guarantee these requirements are met on the website to the Buyers.

You must not use this Site to copy, store, transmit, host, send, use, publish, or distribute material, which consists of (or is linked to) spyware, computer virus(es), Trojan horses, worm(s), keystroke logger(s), rootkit(s), 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 Site, without our consent.

III.  HelicopterListings.com is an Online Helicopter Listing and Service Website

The Site provides subscription plans and digital products for purchase by Sellers and other paid features for Sellers and Buyers that require purchases be made through the Site. All purchases and transactions done through the Site are secured through an encrypted SSL connection.

III. a. Website Package Pricing

HelicopterListings reserves the right to change the pricing of its services, memberships, and products at any time and for any reason whatsoever.

III. b.  Refunds

Since our Site is a service-based site, we do not issue any refunds for our services to Sellers or Buyers. The only exceptions to this policy is if an error occurred during a purchase on the Site for one of our service subscriptions and/or products. We always have the right to review every request and issue a refund on a case-by-case basis on which transactions we deem as refundable to Users.

III. c. Subscription Cancellations

Even though we do not offer refunds for our services, we do allow our Buyers or  Sellers to cancel their subscription plans at any time.

I.V. Your User Content

You grant HelicopterListings.com 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 HelicopterListings.com the right to sub-license these rights, and the right to bring an action for the infringement of these rights.

Your User Content must not be illegal or unlawful, must not infringe on any 3rd party’s legal rights, and must not be capable of giving rise to legal action whether against you or HelicopterListings or a 3rd party (in each case under applicable law).

HelicopterListings.com reserves the right to edit or remove any material submitted to the Site, or stored on the servers, or hosted, or published on this Site.

HelicopterListings.com does not actively monitor the submission of every such content to, or the publication of such content on, this website.

V. Helicopter Listing Types

HelicopterListings.com offers For Sale, For Lease, and For Charter Listings on the website to advertise to potential buyers. We are in no way affiliated or responsible for the representation of the Sellers or Buyers on our website. Any disputes regarding any matters will be handled directly between the Users and not by HelicopterListings. This applies to all For Sale, For Lease, and For Charter Listings on our Site.

V.a. For Sale Listing Price Type(s)

V. a.a. A For Sale – Fixed Price is a For Sale Price Type that that is shown to Buyers at all times, regardless of the Buyer’s subscription package. This Price Type also allows Buyers to make contact with a Seller to inquire about a listing.

V. a.b. A For SaleOn-Call is a For Sale Price Type that does not reveal the Seller’s pricing for the For Sale listing, but allows Buyers to make contact with the Seller to inquire about the listing.

V. a.c. A For Sale – Make Offer is a For Sale Price Type that gives Buyers the opportunity to place non-binding offers on helicopters For Sale. There is no guarantee that a Buyer’s offer will be selected by the Seller and we are not held responsible for a Seller not choosing a Buyer’s bid/offer. We only assist in connecting the Buyer and the Seller through our platform to perform a transaction. Buyers must purchase the required subscription plan to make offers through the website.

V. a.d. A For SaleOff Market is a For Sale Price Type that gives Buyers the opportunity to connect with Sellers. We are not held responsible for any information, whether confidential or public being released about Off Market helicopters listed through the Site. Buyers must purchase the required subscription plan to view Off Market listings through the website.

V. b. For Lease Listing Price Type(s)

V. b.a.  A For Lease Hourly-Fixed Price is a Lease Price Type is a price that is shown to Buyers at all times, regardless of the Buyer’s subscription package. This Price Type also allows Buyers to make contact with a Seller to inquire about a For Lease Listing.

V. b.b. A For Lease Price On Call Price is a Lease Price Type that does not reveal the Seller’s pricing for a For Lease listing, but allows Buyers to make contact with the Seller to inquire about the listing.c. For Charter Listing Price Type(s)

V. b.c. A For Lease Hourly-Fixed Price is a Charter Price Type is a price that is shown to Buyers at all times, regardless of the Buyer’s subscription package. This Price Type also allows Buyers to make contact with a Seller to inquire about a For Charter Listing.

V. c. For Charter Listing Price Type(s)

V. b.a.  A For Charter Hourly-Fixed Price is a Charter Price Type is a price that is shown to Buyers at all times, regardless of the Buyer’s subscription package. This Price Type also allows Buyers to make contact with a Seller to inquire about a For Charter Listing.

V.I. Warranties

This Site is provided “as-is” without an representations or warranties, express or implied. HelicopterListings makes no representations or warranties in relation to this Site or the information and material provided on this Site.

Without prejudice to the generality of the foregoing paragraph, HelicopterListings does not warrant that:

  • This Site will be constantly available, or available at all
  • The information on this Site is complete, true, accurate, and/or non-misleading

Nothing on this Site constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any (financial, legal, or medical matter) matter, you should consult a professional.

VII. Limitations of Liability

HelicopterListings will not be liable to you (whether under the law of contract, the law of torts, or otherwise) in relation to the content of, or the use of, or otherwise in connection with, this website:

  • Even to the extent 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, anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data

These limitations apply even if HelicopterListings has been expressly advised of the potential loss.

VIII.  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 HelicopterListing’s liability in respect of any:

  • death or personal injury caused by HelicopterListings’ negligence;
  • fraud or fraudulent misrepresentation on the part of HelicopterListings; or
  • matter which it would be illegal or unlawful for HelicopterListings to exclude or limit, or to attempt or purport to exclude or limit, its liability.

IX. 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 Site.

X. Other parties

You agree that you will not bring any claim personally against HelicopterListings or their employees or sub-contractors 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 HelicopterListings’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well.

XI. 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.

XII. Indemnity

You hereby indemnify HelicopterListings and undertake to keep HelicopterListings indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HelicopterListings to a third party in settlement of a claim or dispute on the advice of  HelicotperListings’ legal advisers) incurred or suffered by HelicopterListings 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.

XII.a. As a Seller or Buyer you agree to not hold HelicopterListings responsible for any negligence, loss of money, false representation, or injury/loss from the listings on our Site. This indemnity applies to all listings on our Site for a helicopter For Sale, For Lease, or For Charter.

XIII.  Breaches of These Terms and Conditions

Without prejudice to HelicopterListings’ other rights under these terms and conditions, if you breach these terms and conditions in any way, HelicopterListings may take such action as HelicopterListings 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.

XIV.  Revisions to the Terms and Conditions

HelicopterListings 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.

XV.  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.

XVI.  Entire Agreement

These terms and conditions constitute the entire agreement between you and HelicopterListings in relation to your use of this website, and supersede all previous agreements in respect of your use of this website. These Terms and Conditions are the most recent as of July 14, 2018.

 

 

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