Advanced Air (UK) Limited Online Shop Conditions of Use

Last updated September 2021

Please read these conditions carefully before using Advanced Air Online Services. By using Advanced Air Services, you signify your agreement to be bound by these conditions. We offer a wide range of services, and sometimes additional terms may apply.

1. ELECTRONIC COMMUNICATIONS

When you use any Advanced Air Online Service or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Advanced Air Services, such as our Message Centre. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2. RECOMMENDATIONS AND PERSONALISATION

As part of the Advanced Air Services, we will recommend features, products, and services, including third part ads that might be of interest to you, identify your preferences, and personalise your experience.

3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS

All content included in or made available through any Advanced Air Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Advanced Air or its content suppliers and is protected by UK and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Advanced Air Service is the exclusive property of Advanced Air and is protected by UK and international copyright and database right laws.

You may not extract and/or re-utilise parts of the content of any Advanced Air Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Advanced Air Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Advanced Air Service (e.g. our prices and product listings) without our express written consent.

4. TRADEMARKS

In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Advanced Air Service are trademarks or trade dress of Advanced Air. Advanced Air’s trademarks and trade dress may not be used in connection with any product or service that is not Advanced Air’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Advanced Air. All other trademarks not owned by Advanced Air that appear in any Advanced Air Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Advanced Air.

5. PATENTS

One or more patents owned by Advanced Air apply to the Advanced Air Services and to the features and services accessible via the Advanced Air Services. Portions of the Advanced Air Services operate under license of one or more patents.

6. LICENCE AND ACCESS

Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Advanced Air or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make use of the Advanced Air Services. This licence does not include any resale of the Advanced Air Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Advanced Air Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Advanced Air or its licensors, suppliers, publishers, rights holders, or other content providers. No Advanced Air Service, nor any part of any Advanced Air Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Advanced Air without our express written consent. You may not use any meta tags or any other "hidden text" utilising Advanced Air names or trademarks without our express written consent.

You may not misuse the Advanced Air Services. You may use the Advanced Air Services only as permitted by law. The licences granted by Advanced Air terminate if you do not comply with these Conditions of Use or any Service Terms.

7. YOUR ACCOUNT

You may need your own Advanced Air account to use certain Advanced Air Services, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account. Open My Account then Manage payment options to manage options.

If you use any Advanced Air Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You can access your information in the My Account section of the website.

You must not use any Advanced Air Service: (i) in any way that causes, or is likely to cause, any Advanced Air Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.

We reserve the right to refuse any Advanced Air Services or terminate accounts if your behaviour gives justified reason to do so. This will in particular be the case if you are in breach of applicable laws, applicable contractual provisions, our guidelines or our policies, which are all accessible on the website. Notwithstanding any such limitation or termination, you will continue to have access to content and services purchased by you up to that point.

8. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT

Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right to remove or edit such content. If you believe that any content on or advertised for sale on any Advanced Air Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Advanced Air Service, please notify us we will respond.

If you post reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together "content", you grant Advanced Air (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

You may delete your content from public view or, where such functionality is offered, change settings so that it is only shown to people to whom you grant access.

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Advanced Air for all claims brought by a third party against Advanced Air arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. By deleting content from public view, you withdraw your license for Advanced Air to publish and make available that content publicly.

9. INTELLECTUAL PROPERTY CLAIMS

Advanced Air respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us.

10. OUR LIABILITY

We will do our utmost to ensure that availability of the Advanced Air Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Advanced Air Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

Advanced Air will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Advanced Air Services.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

11. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any Advanced Air Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Advanced Air Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

12. WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.