Terms of Use of internet-based pre-flight self-briefing service via CADAS Pilot Portal



1. GENERAL CONDITIONS OF SERVICE PROVISION

1.1. Lennuliiklusteeninduse AS (hereinafter EANS) provides the user free access to internet-based pre-flight self-briefing service via CADAS Pilot Portal (hereinafter Service). Herein terms lay down the Terms of Use of Service (hereinafter Terms of Use).

1.2. A person registering for the use of Service is deemed as the user (hereinafter the User). The User shall undertake to arrange and pay for all the costs related to devices necessary for the use of Service.

1.3. The User acknowledges that EANS owns all intellectual property rights related to Service and the User agrees to compensate for all expenses that EANS incurs as a result of the User´s use of Service infringing on third party's intellectual property rights.

1.4. The User is responsible for the accuracy and authenticity of data in a submitted flight plan. The User is fully liable for claims for damages that arise from misuse of Service or incorrect information submitted by the User.

1.5. The User’s personal data is collected and processed according to the legislation in force in Estonia and EANS’ terms of data protection, which are available on the following website (www.eans.ee).

1.6. The User consents to the processing of personal data of the User to assure the User’s access to CADAS Pilot Portal. Processing includes the right to retain documents that are legally relevant to EANS.

1.7. Collected personal data is accessible to authorized employees of EANS to the extent that is necessary for providing and developing Service.

1.8. EANS has a right to change Terms of Use unilaterally at any time, of which the User will be notified via email.

1.9. In the context of Terms of Use:

1.9.1. a working day is a weekday, except Saturday, Sunday and national and public holidays of the Republic of Estonia;

1.9.2. EANS and the User will also be referred to separately as Party and jointly as Parties;

1.9.3. a reference to EANS is also deemed to be a reference to, when appropriate, its respective legal successors, assignees or transferees;

1.9.4. reference to any contract, regulation, document or deed is considered as a reference to them with all their amendments and additions;

1.9.5. a term “in writing” also includes a format which can be reproduced in writing.



2. SPECIFIC PROVISIONS OF PROVISION AND USE OF SERVICES

2.1. The User shall be responsible for arranging their access to Service via the Internet (including for the costs of purchase/rental of all equipment and usage of the Internet).

2.2. When CADAS Pilot Portal is temporarily unavailable for some reason, EANS will provide pre-flight briefing service to the User via the email address or phone number provided by the User.



3. USER’S OBLIGATIONS

3.1. For security reasons, the password for accessing CADAS Pilot Portal must include at least eight characters, both upper- and lower-case characters, and one number, and no character shall be repeated more than three times.

3.2. The User shall ensure that their user ID and password are kept confidential and that they are the only person using CADAS Pilot Portal user ID and password.

3.3. The User shall take all measures necessary to ensure that the User's equipment and connection to CADAS Pilot Portal do not corrupt, interfere with or damage EANS' systems.

3.4. The User shall undertake to change the password after receiving a relevant notification.

3.5. The User shall assume full responsibility for all responsibilities, claims, damages and expenses (including legal fees) in relation to any breach of clauses 3.2-3.4 by the User.

3.6. The User will notify EANS as soon as possible about the change(s) in his/her personal and contact details via EANS contact email liotugi@eans.ee, because after registration the User cannot change his/her personal and contact details in CADAS Pilot Portal.



4. INTELLECTUAL PROPERTY

4.1. Rights attached to any patent, utility model, registered design, industrial design, trademark, domain name, trade and author’s personal and property rights are considered as intellectual property, irrespective of where those rights are enforceable.

4.2. All intellectual property economic rights developed in relation to Service by EANS and the User that is related to any ideas, concepts, designs, data, information, documentation and materials in any format (including but not limited to electronic format) belong to EANS.

4.3. For purposes of delivering Service to the User or other CADAS Pilot Portal users, EANS is entitled to use, develop or share intellectual property created by EANS and the User as a result of using/delivering Service.

4.4. Clause 4 does not affect intellectual property rights in any works, including designs, drawings, written materials and software belonging to third parties or that existed prior to the confirmation by the User, to be bound with Terms of Use.

4.5. The User shall assume full responsibility for all responsibilities, claims, damages and expenses (including legal fees and taxes) in relation to infringement or alleged infringement of third party’s intellectual property rights, which may arise in the process of providing Service in connection with data provided by the User.



5. LIMITATION OF LIABILITY

5.1. The Party shall not be liable to the other Party for any delay or failure to perform any of its obligations hereunder if delay or failure is due to force majeure. A force majeure event means any unforeseeable act, event, omission or accident beyond the reasonable control of Parties including any natural disaster, war, flood, explosion, civil commotion, law or other legislation, lockout, strike or other labour dispute.

5.2. EANS shall not be liable for the User’s direct or indirect losses or damages, arising from inaccessibility or delay of Service or otherwise in connection with the Terms of Use.

5.3. Provisions of Terms of Use do not exclude, restrict or limit EANS' liability in cases and to the extent in which liability cannot be excluded, restricted or limited, according to legislation in force in Estonia.



6. SERVICE SUSPENSION AND TERMINATION

6.1. Access to the account will be restricted if it has been inactive for 240 days (approx. 8 months), of which the User will be notified minimum 30 days in advance via email connected to the user account.

6.2. Access to the account may be restricted immediately if the User does not adhere to Terms of Use. The immediate restriction will be exercised if previous notification is not possible and reasonable bearing in mind all the circumstances and the interests of all Parties.

6.3. The account will be deleted if the access to the account has been continuously restricted for 90 days.

6.4. Parties may terminate the use/provision of Service by notifying the other Party at least 15 working days in advance in writing.

6.5. EANS may terminate Service provision immediately if bearing in mind all the circumstances and the interests of the Parties, prior written notice is not possible and EANS cannot be expected to continue Service provision until the expiry of the term for termination.

6.6. The termination of Service use/provision will not restrict other inherently valid rights and usage of judicial remedies stemming from Terms of Use.



7. DISPUTE RESOLUTION PROCEDURE

7.1. Any dispute, difference or question of interpretation arising out of Terms of Use shall be considered as a dispute. Parties will attempt to resolve any dispute in good faith by the means of negotiations.

7.2. In the event of a dispute, the interested Party shall notify the other Party in writing, providing the reasons for the dispute. Parties shall agree to meet and discuss mutually acceptable solutions and agree on a suitable timescale to reach a settlement. Should the timescale not be agreed and no resolution can be reached within 60 (sixty) calendar days as of notification, then the interested Party has the right to refer to the Arbitration Court of the Estonian Chamber of Commerce and Industry in Tallinn. The dispute will be resolved according to the regulation of the Arbitration Court and the laws in force in Estonia.

7.3. The Arbitration Court shall consider the terms in this article 7. The language of the arbitration shall be Estonian or the language that the Arbitration Court and the Parties agree upon.

7.4. The Arbitration Court will be established as three-membered. Each Party shall appoint one arbitrator and make the proposal to the arbitrator chosen by them to choose the third arbitrator together with the arbitrator chosen by the other Party who will be the presiding judge of the Arbitration Court in settling the dispute.

7.5. The awards of the Arbitration Court shall be final and binding upon Parties. The awards shall become effective immediately after signing by arbitrators.

7.6. The dispute resolution procedure mentioned in this article shall not be affected by the termination or suspension of Service.



8. ASSIGNMENT OF RIGHTS AND RESPONSIBILITIES

8.1. The User shall not assign the rights and obligations stemming from Terms of Use to third parties.

8.2. EANS shall inform the other Party in writing of any transfer/assignment of rights and obligations under the Terms of Use to third parties.



9. PUBLIC DISCLOSURE

The User shall not make any press releases regarding Service provision nor disclose data related to Service provision in any way without prior written consent by EANS.



10. INTEGRITY OF TERMS OF USE

Terms of Use together with all referred documents constitute an entire and final agreement and consensus between Parties in respect of the subjects addressed in terms of Use and supersedes all previous agreements between Parties in relation to such subjects.



11. NOTIFICATION

All legal notices in relation to Terms of Use will be sent to the following addresses:

- liotugi@eans.ee

- to an e-mail address provided upon registering the User.



12. APPLICABLE LAW

Issues not covered by Terms of Use will be governed by the laws in force in Estonia.