Terms of use
The “airbus-win.com” site accessible at https://www.airbus-win.com (the “Site”) is owned and operated by Airbus SAS, a French simplified stock corporation (société par actions simplifiée), with a share capital of Euros 3.226.781[BH2] , registered with the Trade and Companies Registry of Toulouse (France) under No. 383 474 814 and having its registered office at 2, rond-point Emile Dewoitine, 31700 Blagnac, France (“Airbus” or “we” or “us”).
The Director of Publication is Rainer Ohler.
The hosting provider of the Site is OVH whose registered office is located
2 rue Kellermann - 59100 Roubaix - France
To contact us, please send an e-mail at the following email address: web@airbus.com or by phone +33 5 61 93 33 33.
These Terms of Use (“Terms of Use”) define the legal framework governing access to and use of the Site and access to and use of the content defined as all the documents made available on the Site, including but not limited to video, photo, record, report, extracts of manuals, materials, data (hereinafter referred as “Content”). Access to and use of the Site and the Content are subject to your acceptance of these Terms of Use, as they may be amended from time to time by Airbus. In this regard, by accessing or using, the Site and the Content, you agree to be bound automatically by these Terms of Use as well their amendments in force at the time of your access to the Site and to the Content, and you agree that such acceptance shall have the same legal value as a written express acceptance. If you do not accept these Terms of Use, please do not (and you are not permitted to) access or use the Site. Please read carefully these Terms of Use, as well as our Privacy Policy https://www.airbus.com/en/privacy-information-notice , before using the Site. You should read there Terms of Use every time you use the Site.
These Terms of Use do not alter nor modify any other agreement you might have with any company of Airbus any of its Affiliate. “Affiliate” means any entity directly or indirectly controlled by Airbus Group S.E., a European public limited-liability company (Societas Europaea) registered in the Netherlands under the number 24 28 89 45, having its registered office in Mendelweg 30, 2333 CS Leiden, Netherlands.[B&BFR3]
1. Use of the site
Subject to your full and perfect compliance with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, free of charge and revocable right of access and use of the Site. Any other rights are expressly excluded except otherwise provided in a specific written agreement.
Therefore, you shall not, and shall not authorize a third party to, without limitation, (i) modify, reproduce, represent, adapt and/or translate all or any part of the Site; (ii) extract, all or any part of the Site, or create any derivative work form all or part of the Site; (iii) reverse engineer, decompile, disassemble or transform, in any way the object code of the Site into source code; (iv) distribute, sublicense, assign, share, sell, rent, lease or loan in any way the Site or the right to use the Site; (v) delete or modify any droit d'auteur, copyright, trademark or any other proprietary rights relating to the Site which we or our licensors own; or (v) use the Site for purposes other than those expressly authorized by these Terms of Use.
In addition, it is strictly prohibited to (ii) bypass or circumvent any measures employed to prevent or limit access to our Site; (iii) link to any portion of our Sitefor any purpose; and (v) use any device, software or routine that interferes or attempts to interfere with the normal operation of our Site or take any action that imposes an unreasonable load on our equipment.
We try to make the Site accessible at all time, but we cannot warrant that the service will be continuous or without defect.
We reserve the right to modify all or part of the Site, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of the Site.
You recognize that you will be able to use the Site only if your device has an Internet connection. Traffic or access fees charged to you due to the use of the Site are subject to the general terms concluded with you Internet service provider or mobile network operator. You understand the risks associated with the use of Internet, including, without any limitation, unavailability of the Site, non-confidentiality or loss of integrity of the data transmitted, potential virus attacks, etc.
Without prejudice to our rights and remedies, we reserve the right to suspend temporarily or permanently your access to the Site, at any time, without notice in the event you violate any provision herein.
In the event we consider that your use of the Site is unlawful and/or unauthorized, and/or violates these Terms of Use, we reserve the right to undertake any procedure we deem necessary, including to terminate these Terms of Use and to take any legal action.
2. Use of the Content
Subject to your full and perfect compliance with these Terms of Use, we grant you a non-exclusive, transferable, free of charge and revocable right of access and use of the Content. Any other rights are expressly excluded except otherwise provided in a specific written agreement.
Therefore, subject to the availability of the Content on the Site, you are authorized to, (i) reproduce, translate all or any part of the Content; (ii) extract, broadcast or download all or any part of the Content; (iii) distribute, share in any way the Content or the right to use the Content.
However, you shall not, and shall not authorize a third party to, without limitation, (i) represent, adapt all or any part of the Content; (ii) create any derivative work form all or part of the Content; (iii) sublicense, assign, sell, rent, lease or loan in any way the Content or the right to use the Content; (iv) delete or modify any droit d'auteur, copyright, trademark or any other proprietary rights relating to the Content which we or our licensors own; or (v) use the Content for purposes other than those expressly authorized by these Terms of Use.
Without prejudice to our rights and remedies, we reserve the right to modify all or part of the Content, at any time, including, without limitation, the right to delete, modify and/or vary any elements, features and functions of the Content.
The Content is correct and current for each document at the time, it is published by Airbus but may be subject to change over time. Airbus assumes no obligation to update the Content.
The Content is not intended to replace or supersede the Airbus official Flight Operations documentation available to the operators. In the case of a conflict or difference between the Content and the information provided in the Airbus official documentation at its latest revision, the latter shall prevail at all times.
In the event we consider that your use of the Content is unlawful and/or unauthorized, and/or violates these Terms of Use, we reserve the right to undertake any procedure we deem necessary, including to terminate these Terms of Use and to take any legal action.
3. Term and Termination
As long as you use the Site, these Terms of Use shall be applicable between you and us.
We can terminate these Terms of Use at any time and prevent you from accessing the Site and its Content.
In case of termination of these Terms of Use, for any reason whatsoever, the rights granted to you hereunder shall be terminated and you will no longer be authorized to use the Site and its Content.
4. Airbus Proprietary Rights
© Airbus SAS 2017 • All right reserved.
The Site, its Content, including, without limitation, their distinctive names, designations, logos and product and service marketing and all, trademarks, trade names, drawings, pictures, copyrights, droits d’auteur, patented information and databases and any other intellectual property rights in and to the Site are the property of Airbus or its licensors. AIRBUS, Airbus’ logos and product and service designations are protected trademarks of Airbus. Access to and use of the Site shall not be construed as assigning nor granting any license in respect of any kind of these proprietary rights. We reserve any rights related to the Site that are not expressly granted to users hereunder.
5. 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 Airbus. 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.
Airbus, 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.
6. Liability
Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offence.
You expressly agree that your use of the Site and/or of the use of its Content is at your sole risk. Airbus, its officers, employees, contractors or content providers shall not be liable for any loss or damage arising from or otherwise in connection with your use of this Site and/or the Content on.
You will be responsible for any loss we suffer as a result of your violation of these Terms of Use or any instructions given by Airbus, including information given during the installation process of the Site or instructions related to all security requirement communicated by Airbus to you. You agree to indemnify and hold harmless Airbus and the Affiliates, and their respective affiliates, successors, assigns, employees, agents, directors, officers and shareholders, managers, licensors and insurers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder.
To the extent permitted by applicable laws, the Site and its Content are made accessible on an “as is” and “as available” basis. Airbus gives no warranty nor represents, without limitation, that (i) the Site and the Content will meet your requirements, (ii) the same will be uninterrupted, timely, or default and error free, (iii) the result that may be displayed through the Site and the Content will be accurate, up to date or reliable, (iv) the quality of any data, information or other material obtained will meet your expectations and that such data, information and other material will be default and error free, or that any errors will be corrected. We reserve the right to correct any errors or omissions on our Site or on the Content. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials to our Site, we do not guarantee or warrant that our Site or Content that may be downloaded from our Site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on our Site and any Content available through our Site, you do so solely at your own risks. You shall be responsible for backing up your own system, including any Content downloaded through the Site.
The Content of our Site may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles or other information created by us or by third-parties. Due to the number of sources from which Content on our Site is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or the Content with or without notice. You agree that Airbus shall not be liable to you or any third party for any such modification, suspension or discontinuance of the Site or the Content. In addition, in the event you breach these Terms of Use or engage in any activity that is harmful to us or our users, we reserve the right to terminate your access to the Site or take any other actions that we believe to be in our interest and of our users as a whole.
7. Data Protection and Privacy
When you access and use the Site and its Content, we may collect, use and process, to the extent permitted by law, your personal data provided by you (such as your name, your date of birth, your email address, your travel information, etc.) or generated as a result of your access and use of the Site. For more details on how your personal data is used, please consult our Privacy Policy available here https://www.airbus.com/en/privacy-information-notice. By using the Site, you consent to the collection and processing of your personal data by us, in accordance with our Privacy Policy https://www.airbus.com/en/privacy-information-notice , and warrant that all data provided by you is up to date, comprehensive and that you will maintain the accuracy of this information by updating them when necessary.
You are entitled to a right of access, modification and deletion as to your personal data. To this effect, please contact Airbus by e-mail at the following address:web@airbus.com.
We are committed to protecting your privacy and the confidentiality of your personal data. However, we are not able to control the use by third parties of any information concerning you that may appear on the Site.
8. Modification of the Terms of Use
We may modify or adapt these Terms of Use at any time, for the future. We will inform you of any substantial modification by placing a notice on the Site[B&BFR4] . Your continued access and use of the Site after a modification or adaptation of these Terms of Use will be deemed as your acceptance of any modified terms.
If you disagree with any modification or adaptation of the Terms of Use, you must cease accessing and using the Site.
9. Governing Law and Disputes
These Terms of Use are governed by and construed in accordance with the laws of France, subject to any local applicable non derivable public policy rule.
In case of dispute, we encourage you to contact us on web@airbus.com, in order to find an amicable solution. If no amicable solution can be reached, any dispute arising in connection with these Terms of Use shall be subject to the jurisdiction of the courts of France. We inform you that you can use a mediation procedure or any other alternative dispute resolution methods, prior to litigation.
10. Subtitles
The English version (including the English subtitles provided by Airbus) is the only official version of the document and should be the sole reference for the customer. The English version shall prevail at all times over any translation which has no legal effect.
In particular, the furniture of non English subtitles is provided to the customer as a commercial gesture without any warranty of any kind, either expressed or implied with respect to the accuracy, correctness or reliability.
These non English subtitles shall be used at the sole risk and under the sole responsibility of the customer who waives any rights of recourse it may have against Airbus for using these non English subtitles.
11. Miscellaneous
These Terms of Use form the entire agreement between you and us with respect to the subject matter hereof, and supersede the terms of any other communications or advertising with respect to the Site. These Terms of Use shall coexist with, and shall not supersede, our Privacy Policy https://www.airbus.com/en/privacy-information-notice.
If any provisions hereof are determined to be illegal, invalid or otherwise unenforceable, in whole or in part, by reason of the laws of any state or country in which these provisions are intended to be effective, then to the extent and within the jurisdiction in which such provisions are illegal, invalid or unenforceable, they shall be severed and deleted from these Terms of Use and the remaining provisions shall survive and continue to be binding and enforceable.
Failure by any party to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Nothing herein shall be construed as granting, directly or indirectly, any rights to any third parties, and third parties are not allowed to enforce any of the provisions herein against us.
12. Information Collection and Use
The app does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the app