Terms and Conditions of Sale

Your consent to these terms and conditions constitutes part of the contract of sale of goods and for supply of services under EU Consumer Contracts Regulations and other applicable RoI and EU law including the Sale of Goods and Supply of Services Act 1980. The law requires us to set out certain of your rights, including the right to cancel the contract.

Definitions

"The parties" means the parties to the contract are you, the consumer, and Cardplane our email address is hello@cardplane.com.

"Ordering" means by pressing "Buy Now" on the website or by providing your debit or credit card details over the telephone you will place an order for goods and/or services. By accepting these terms and conditions you explicitly acknowledge that placing the order implies an obligation to pay. Cardplane then has a legal duty to supply goods and/or services that are in conformity with the contract.

"CardPlane" means CardPlane and its associated and subsidiary companies, servants and agents.

"A320 Trainer" means the software application and its associated databases and files produced by CardPlane and supplied by download.

"Third party applications" means software applications owned by third parties and distributed under licence by CardPlane.

"Content" means all the text, images and video sequences produced by CardPlane.

"Licence" means this agreement.

"The User" means the original licensed purchaser of a copy of A320 Trainer.

"Major Release" means a version of A320 Trainer denoted by whole version number digits; for example Version 9.0 will be the major release following Version 8.0

"Minor Release" means a version of A320 Trainer denoted by subsidiary number; for example Version 8.3 will be the first minor release following the issue of Version 8.2

"Training Provider" means the training school approved by EASA or other aviation regulator with which the User is registered and/or the training school approved by EASA or other aviation regulator from which the User purchased A320 Trainer.

"Vocational Training" in the context of this agreement means training that is directed towards the the aquisition by you of a commercial pilot’s licence and the associated vocational skills, which will be be transferable from one employment to another, or to self-employment, provided by means of a structured programme, which has concise aims, objectives and clear anticipated outcomes.

Your right to cancel

EU Consumer Contracts Regulations give you a right to cancel the transaction within 14 days after the day of receipt of the goods or services, with some exceptions such as the provision of downloaded content and software.

In the case of downloaded digital content the law requires the download to be withheld by us until the end of the 14 day cooling off period unless both parties consent to waive the right to cancel. By accepting these terms and conditions you give your express consent to waive the right to cancel for downloaded digital content, effective from the point the download starts.

In the case of provision of a service the law also prohibits us from supplying that service during the cooling off period unless you make an express request. By accepting these terms and conditions you are making such an express request for us to provide any service which you have purchased effective from the point of order and without waiting for the expiry of the cancellation period. If you subsequently exercise any right to cancel within the cancellation period CardPlane will not charge you for services provided during the cancellation period.

This does not affect your rights under the Sale of Goods and Supply of Services Act 1980 and other applicable consumer legislation.

Software and Hardware requirements

The mininimum specification for hardware and operating systems is as specified on CardPlane’s website, as amended from time to time.

Your Licence to Use A320 Trainer

This end-user Licence Agreement is a legally binding agreement between you and CardPlane the provider of this software application.

Software Product Licence

The Content is protected by copyright laws and international copyright treaties. A320 Trainer and the Content is owned and is the copyright of CardPlane. A320 Trainer is not sold to you but is licensed to you for your personal use within the terms of the Licence.

This Licence grants the User the right to install a copy of A320 Trainer on two computers. Additional copies may be installed with the permission of Cardplane.

The Software is for educational purpose and shall not be used for operations. Your Training Provider or Company Manuals have final authority.

The Licence does NOT permit the User to install A320 Trainer on any form of network server or other local area distribution medium. In the event that permission for such an installation is required you must contact Cardplane to arrange a separate licence.

This Licence strictly forbids the copying, lending, leasing or resale of A320 Trainer or the distribution of the A320 Trainer by any means for the use of anyone other than the User.

This Licence forbids any attempt to reverse engineer or otherwise attempt to de-compile A320 Trainer.

This Licence forbids any attempt to defeat, destroy, disable or otherwise circumvent the copy protection systems associated with A320 Trainer or other included Third Party Applications.

The manufacturers of Third Party software retain in full their copyright and intellectual property rights.

CardPlane is not associated with the aircraft manufacturer or with any of its subsidiaries in any way.

CardPlane isn't liable for the use of or reliance on any information contained in the "A320 News Digest".

Licence

If your order includes a copy of A320 Trainer you are purchasing a licence to use the A320 Trainer software that is restricted to your own personal use. The licence is unlimited in time but warranties and technical support associated with the product are limited in time. By accepting these terms and conditions you explicitly agree to the terms of the licence as detailed below.

Third Party Content

The Site may contain third party created content and/or user-generated content (“UGC”), including, without any limitation, comments, reviews, picture, feedback, video, voice, pseudonym and any other information. We are not responsible for and do not necessarily hold the opinions expressed by our content contributors: opinions and other statements expressed by users and third parties are theirs alone, not opinions of CardPlane. You are solely responsible for your UGC and may be held liable for UGC that you post.

Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute Content through our Site, we are not accepting any obligation or liability relating to the Content.

CardPlane, the Affiliates and their respective affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the Content thereof including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, fraud, or misrepresentation.

Price Changes

CardPlane, in its sole discretion and at any time, may modify the price it charges for any of its products or services, either for a specified period, or until further notice. Any price change will become effective at the time and for the period chosen by Card Plane.

CardPlane is not obliged to give any notice of price changes, which will not be applied retrospectively to purchases already completed at the time the price change becomes effective.

Warranty

CardPlane warrants that A320 Trainer will perform substantially for a period of 365 days from the date of receipt. No other warranty or implied warranty is offered under the terms of this licence.

To the maximum extent permitted by applicable law CardPlane will not be liable for any damages whatsoever, including without limitation direct or indirect damages for personal injury, business loss or any pecuniary loss arising from the use of A320 Trainer.

In any event of costs associated with failure of A320 Trainer to conform in accordance with the warranty the maximum extent of liability to Cardplane and your sole remedy shall be the greater of 30 euros or the actual purchase price paid by the User for A320 Trainer.

Abuse or Misuse

If any costs incurred by yourself result from the misuse, misapplication, accident or abuse of A320 Trainer then CardPlane shall incur no liability whatsoever.

If any costs incurred by any party result from the unauthorized use of A320 Trainer then CardPlane shall incur no liability whatsoever.

Technical Support

The user shall be entitled to receive e-mail technical support for A320 Trainer from CardPlane for 12 months from the date of purchase subject to the following provisions :

Requests for technical support shall be submitted by e-mail to Cardplane using the address support@cardplane.com

CardPlane’s responses to request for technical support shall be made by e-mail. CardPlane does not provide telephone support for any product.

You will indemnify CardPlane from all consequences arising from any written or verbal advice given by CardPlane‘s technical support personnel.

Technical support will be limited to issues directly related to the installation and operation of A320 Trainer.

Technical support will include access to any Minor Releases to A320 Trainer or amendments to the Content as may be made available for download from our technical support web pages.

A320 Trainer – Personal Use only

You agree that you (the End User) are a natural person and acknowledge and accept that CardPlane (the Company) grants you a non-transferable licence to use A320 Trainer for private, non-commercial uses only. For the avoidance of doubt, the Grant of Rights hereunder shall not authorise access to the Services by End Users in commercial premises or other non-private settings, for the tuition of others, and the Company shall monitor for suspicious activity in respect of the same and enforce the terms of its end user terms of use.

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