1. Jurisdiction
These terms and conditions apply:
for each order, each purchase or any other form of receiving:
products and services directly over Helios Avionics; and
apps over a sales partner; and
for your account and its creation; and
for your use of and/or the access to:
all products, services, apps and user contents; and
integrated gadgets, except in the case that the terms and conditions of the sales partner or the foreign manufacturer apply to such use; and
for the uploading, the use and/or the access to your user data
By (i) the placement of orders, the purchase or any other form of receiving a product, a service or an app, by (ii) the use and/or the access to a platform, a service or an app and by (iii) the creation of an account you accept these terms and conditions and you are bound to them.
The List of the definitions used in these terms and conditions can be found at the end of this document.
2. Orders directly over Helios Avionics
In this section it is explained how you can oder products and/or services directly over Helios Avionics and which pricing, method of payment and conditions of sale apply.
2.1 Placing an Order
Helios Avionics offers products and services over its website, platforms and apps. These products and services can contain or consist of content of Helios Avionics and material of third-party providers. When you want to order, purchase or in any other manner obtain a product or service directly through Helios Avionics, you can place an order through a platform, a website of Helios Avionics or through an app.
A transmitted order is subject to the suspensive conditional acceptance through Helios Avionics. The acceptance of Helios Avionics will be explained implied with the receipt of payment of the customer. Helios Avionics reserves the right to deny orders completely or partially or to determine a maximum amount of an order. All product orders are subject to the reservation of delivery option.
2.2 Pricing and Payments
The shown prices for products and/or services on the Helios Avionics websites and apps include the value added tax and potential standard delivery and processing fees. Local sales tax, other miscellaneous taxes and potential other regulatory fees will be charged to you. Prices may change at any time (and are subject to the provision “Termination and Amendment” of the section “Rights of Helios Avioncis” in the chapter “Your Use” of this terms and conditons); such a change of price however does not influence any orders of products and services that have been purchased before the date of amendment.
All orders have to be paid using the provided payment methods by Helios Avionics. In order to place orders and to use these payment methods, you have to furnish particulars for your favorite payment method and also for required other details in order to finish the order. If the collection of the payment should fail, because of whatever reason, Helios Avionics will send you the due invoice via email. This invoice has to be paid within 15 days after the date of invoice.
2.3 Delivery and Risk of Loss
Helios Avionics will endeavor to deliver the product within 30 days after placement of the order. In case that several products have been purchased, Helios Avionics reserves the right to deliver each product separately. Equally, Helios Avionics is anxious to provide services within 24 hours after placement of the order.
A product will be delivered to your shipping address. A service can be downloaded or delivered and/or will be made available to you electronically. Once the delivery of a product has taken place, you are responsible for the risk of loss and damage of a product. Once a service has been delivered to you electronically or has been made available to you, the risk of loss and the risk of damage lies in your responsibility.
If you do not accept the delivery of a product, Helios Avionics reserves the right to charge the storage costs to you.
If the delivery should not be possible, because of a reason which is not effected by Helios Avionics, Helios Avionics reserves the right to withdraw the contract and to refund you potential payments that already took place.
3. Your Rights with regard to cancellations of orders
As customer, you reserve the right to cancel an order within a specific period of time. In this section, it will be explained under which circumstances you can hold this right to cancel the order of products, services or apps.
In case of products that have been purchased over Helios Avionics, you have the right to revoke the purchase contract within 14 days after the date of delivery to your shipping address. In this case, Helios Avionics will refund you the actual purchase price and the shipping costs (excluded are additional costs that occurred due to a different shipping method than the favourable one, which has been offered by us or orders, in which several products have been purchased, but not all of them are being send back). Helios Avionics will refund the reimbursement using the same payment method that you initially used, when you ordered the product, provided you did not explicitly tell us that you want another reimbursement method. To exert your right of revocation, you have to inform Helios Avionics within 14 days after delivery of the product, either via E-Mail or via our website (www.helios-avionics.com), and declare the revocation. Subsequently, you must resend the product to Helios Avionics immediately and freed from any burdens, pledges or other claims. If you revoke the buying contract and send the product back to Helios Avionics, you bear liability for a potential loss of value of the product, if this loss has not been caused by circumstances that you had to made in order to test the product in that manner, that you could decide whether you want to cancel the order. You accept that Helios Avionics can charge you the costs of the return shipment. With regard to the services that were made available to you, you accept that any services of Helios Avionics are made available to you directly, or at least as soon as possible, after your acceptance of the order and that together with the service provision you loose your right of revocation. With regard to the apps provided to you by Helios Avionics or a sales partner, you accept, that the service provision of the apps obtained by you starts immediately, or as soon as possible, after the download of the app and that together with the start of the service provision you loose the right to revocate.
4. Your Account and Subscriptions
Under certain circumstances it is necessary that you create a Helios Avionics account, e. g. to purchase a product or service, to access apps and/or user content or to use them, or in order to manage your user data and/or your user content. In this section it is explained which rights and obligations exist, with reference to your account and subscription. Equally, it is explained under which circumstances you or Helios Avionics can terminate an account or subscription.
4.1 Your Account: Registration and Administration
You may be asked to setup an account and afterwards login at the platform, in order to:
purchase products or services;
use or access a service, an app and/or user contents (that you either have purchased directly over Helios Avionics or a sales partner) and
upload and/or download user contents and/or user data.
You have the right to use a pseudonym in the creation of the account, but you agree to make correct personal details. Please keep your account information to its newest level at all times and immediately update your account when there are any relevant changes. Services, apps and user content are solely determined for users that are at least 18 or older of age. You certify that you are at least 18 or older. You do not have the right to hold or create an account under the name of any other person, group or company without the confirmation of such a party, or to sell or transfer your account.
You are responsible and liable for all activities that are being made throughout your account. You are responsible for your own username and therefore all activities that come with it. Helios Avionics is not responsible for potential loss that have been created by prohibited use of your account, no matter if that happened with or without your awareness. You immediately have to inform Helios Avionics, if you experience any prohibited access to services, apps, user data and/or user content throughout your account or if other potential security breaches occur.
4.2 Subscriptions
A service can be offered one-time or as a subscription. If you have ordered a subscription, the service will either be provided to you regularly or consecutively. Provided that Helios Avionics and you did not determine a specific duration, subscriptions will be concluded for an indefinite period.
If you wish to cancel your account and / or
subscription, you can contact Helios Avionics at
https://helios-avionics.com and have a notice period of thirty (30)
days. The minimum contract term is one year, so that termination is
only possible with a 30-day deadline at the end of a contractual
year.
Helios Avionics is
also entitled to terminate your account and / or subscription for
neutral reasons (without prejudice to the right to terminate the
agreement in accordance with the "Termination and Restriction of
Your Contracts" section of these Terms and Conditions). Helios
Avionics will always endeavor to notify you as far as possible of an
imminent termination, but will in any case notify you at least thirty
(30) days prior to the actual termination of your account.
If you cancel your
account and / or your subscription, you must destroy all copies of
the Helios Avionics content, as well as all components.
After you cancel your
account, you will no longer have access to the data, including your
user data. It is your responsibility to remove any user data that you
wish to keep before terminating.
If your subscription is set for a certain period of time, it will be
automatically terminated at the end of this period.
The license that Helios Avionics grants you to
access and use Helios Avionics services and apps is subject to
certain rules. This section describes your usage rights and
obligations regarding user data and user content, as well as the
rights and obligations of Helios Avionics with regard to these
contents.
Helios Avionics grants you the right to access and use the services and apps you received directly through Helios Avionics or a distribution partner in accordance with these terms and conditions. In the event that a service and / or app is purchased, you will be given permission to access and use this paid service and / or app after the purchase is complete.
Services and apps include Helios Avionics
content. You are granted a license to use Helios Avionics content,
which is provided to you as part of and / or through your product,
service, or application, in accordance with the terms set forth
herein.
This license is not
exclusive and non-transferable. This license does not include the
right to receive future upgrades, updates, additions, or support or
technical support in connection with the service, the app, or Helios
Avionics Content, provided that Helios Avionics has not explicitly
indicated that obtaining is an integral part of the Product, service,
or app.
If upgrades, updates, or additions to the service, app or Helios Avionics content are provided, their use is subject to these terms of business or other terms and conditions and, where applicable, additional payments that you will be informed of and accepted before Helios Avionics will provide you with the appropriate upgrade, update or supplement.
Helios Avionics grants you permission (I) to
upload, use and modify user data in accordance with these terms and
conditions, and (ii) to upload and use user content.
When uploading any user data, you remain entitled to all rights.
Helios Avionics does not claim ownership of
user or user data. You acknowledge and warrant that you own the user
data and user content or have the licenses, rights, consents and
permissions required to upload the user content and user data, and
that you grant Helios Avionics all rights under these terms and
conditions.
Unless permitted by applicable law or expressly
permitted by any technology or by means of methods provided by Helios
Avionics through products, services and apps, you are not authorized
to use any products, services, to modify, modify, or disassemble any
portion thereof (either directly through Helios Avionics or a
distribution partner), reverse engineer, decompile or disassemble it
to produce derivative products or break or circumvent their
encryption, or to enable third parties to do so.
Please note that Helios Avionics is not
responsible for regular monitoring of services, apps, and user
content. Should you be aware of any misuse of the services, apps or
user content, or any misuse thereof, please report such abuse to
Helios Avionics by contacting Helios Avionics at
https://helios-avionics.com.
By accessing or using services and apps and by uploading or using
user content or user data, you undertake not to perform improper
conduct including, but not limited to, the following behaviors:
i. Advertising and Payments: Use of services and / or apps and / or user or user data for advertising, marketing and / or sales, publication of an application or advertising content of any kind through the services and apps. In addition, you agree not to charge any third party for direct or indirect fees for the use of the services and apps and / or user content and to not accept any payment from a third party. You also agree to refrain from using frames or mirroring any services, apps or user content;
ii. Electronic Surveillance: To prevent, interfere, disrupt, disable, or prevent the functionality of a software or hardware, telecommunications equipment, (security) technology, overload or restrict. You agree not to post any user content or user data that contain software viruses, programs, or other computer code. You also agree not to upload any user content or user data that may cause the sending or providing of materials that contain viruses, trojans, worms, time bombs, or similar software that could interfere with the operation of the Helios Avionics servers, computers, networks, or a user's product. You agree not to use or operate automated systems, including, but not limited to, "robots" and "spiders" that access services and apps in a manner that sends more messages or requests to the Helios Avionics server, as any regular private user of services and apps can produce as expected in a similar period using a conventional system. You also agree not to use or access any other user's accounts, computers, or networks without authorization;
iii. Spamming or harassment: the publication of any user content associated with the transmission of "junk mail", "chain mail" or unsolicited bulk emails or "spamming";
iv. Indication of a participation of Helios Avionics: The representation of user content in a manner which imply a relationship or affiliation, promotion or advocacy of the user content by Helios Avionics, which is misleading, offensive, unlawful, harmful, unauthorized, failing, defamatory, obscene, vulgar, hostile to the rights of third parties, which is otherwise unlawful or infringes the intellectual property rights of Helios Avionics;
v. Misleading: uploading user information that contains information known to you as being false or misleading;
vi. Violating or violating the rights of others: publication of user rights which infringe or harm the rights of another, including copyright, trademark, patent, business secret, data protection, advertising or other personal or property rights. You also agree not to post or use any content, or to use any services or apps in any manner that violates any law or promotes any illegal activity. In addition, you agree not to post any content directly or through a link that is unlawful, abusive, offensive, defamatory, offensive, insulting, misleading, untrue, misleading, fraudulent, deceptive, pornographic, violence or sexually explicit, sexual, racial, culturally or ethnically offensive to the privacy, publicity, intellectual property, property or contractual rights, the security of others (Including, but not limited to, telephone numbers, private addresses, e-mail addresses, first or last names), photographs or other images from or to other users or third parties without their express consent or otherwise inadmissibly send or publish;
vii. Data collection or -publication: Please make sure which personal information you want to share. You refrain from providing or attempting to obtain information about services, apps, or user content unless Helios Avionics intends to provide or make such data available. You also agree not to upload any user content containing pages, hidden pages or images whose access is restricted or password protected;
viii. Other unlawful or unauthorized use: Use of the services, apps and user content in a manner which is illegal or violates these terms and conditions. You also agree not to violate the code of conduct or other policies that may be applicable to the services, apps and / or user content.
You are solely responsible for your online or personal interactions with other people. Helios Avionics assumes no responsibility or liability whatsoever for any loss or damage resulting from the interaction with other users, persons who are familiar with you through services and apps, or persons you find due to information provided by the services and apps that have been released. You agree to make reasonable arrangements for all interactions with other users on services and apps and to perform any necessary checks before you personally meet another person. Helios Avionics is not obligated to deal with any disputes, but can do so at its own discretion.
Services and apps can include features that promote physical activity. Weigh the associated risks and consult your physician before performing any physical activity or using the products or Helios Avionics services. Helios Avionics assumes no responsibility or liability whatsoever for any injury or damage that may result from the use or inability to use any of the products, services, or apps features.
By creating an account, you agree that Helios Avionics may communicate with you electronically and that certain information about your use of the services and apps, user information and / or user content is shared with us.
Helios Avionics reserves the
right, with or without prior notice, to restrict the services, apps
and content provided to you or to provide you with the use of
products, services and apps (either directly through Helios Avionics
or through a distribution partner), upgrade, provided that the
provision of such updates, upgrades, or additions is an integral part
of the products,
services, and
apps as specified
by Helios Avionics at the time of purchase.
Helios Avionics
reserves the right to change prices for services (either on a
one-time basis or on a subscription basis) and apps, subject to prior
notice, within a reasonable time (either by e-mail, via the Helios
Avionics website), services,
apps or otherwise). If such a change results in a price increase or
is otherwise detrimental to your disadvantage (but not if a price
increase is due to increased duties or taxes), you may terminate
your subscription by e-mail before and on the date of entry into
force of the respective change through
https://helios-avionics.com.
This section discusses the consequences of not adhering to the terms and conditions of the business, including late payments for services or subscriptions.
Helios Avionics reserves the right, at its sole
discretion and without prejudice to any other rights, to terminate
your account and / or your subscriptions with immediate effect,
without notice, without notification and without liability to you or
anyone else (I) if you fail to comply with or violate any of the
Terms of Use and (ii) if the payment for your services and / or your
personal data or subscriptions fail after a second move-in
attempt.
In such a case, you must return or destroy all copies of
the Helios Avionics content and all components.
In addition, your license and rights
granted to you by Helios Avionics will terminate at the same time.
Helios Avionics provides a limited warranty for
new or repaired Helios Avionics products. This section discusses the
terms and scope of this Limited Warranty and your rights to defects.
The benefits of this limited warranty by Helios Avionics apply to
consumers in addition to all rights and remedies of consumer
protection laws and regulations.
The provisions of this clause do not affect
your rights under applicable binding national laws, including, but
not limited to, legal warranty rights for consumer goods.
Helios Avionics provides a limited warranty that the product (either
purchased directly through Helios Avionics or through a distribution
partner) is free from defects in materials and workmanship for a
period of two (2) years from the date of purchase or from the date of
purchase to the date of any breach of these terms by you, depending
of the time interval whichever is shorter. During this period, the
product will be either repaired or replaced by Helios Avionics
without the material or labor costs being calculated. In addition,
Helios Avionics is responsible for shipping and / or shipping costs
in connection with the repair or replacement. If the product is
repaired after the expiration of this warranty period, the warranty
period for such repair shall be six (6) months after the date of
repair. This limited warranty is not transferable. Please note that
your rights under any applicable law applicable to the sale of
consumable products will not be affected by warranty under this
clause.
This limited
warranty
does not cover damage caused by ordinary wear and tear or by the
opening or repair of the product by someone who is not authorized by
Helios Avionics and does not cover any damage caused by: mishandling,
moisture, liquids, proximity to or
exposure to heat or accidents, misuse, negligence
with the instructions supplied with the
product, negligence or misapplication. The limited warranty does not
cover any material damage to the surface of the product.
In addition, this
limited warranty does not cover any third-party services, apps,
content, or materials that are attached to or installed on the
Product, or which have been accessed by you through services, apps,
or Helios Avionics websites. The limited warranty does not cover the
installation, removal, or maintenance of the product or any
associated costs.
Helios Avionics does not accept any commercial or other warranty regarding the products beyond the limited warranty described in these terms and conditions. The limited warranty is the only express warranties to be taken against you and is provided in lieu of any other express warranties or similar obligations (if any) that are created by advertising, product information, packaging, or other communications.
This section explains the responsibility of
Helios Avionics to you for materials. Information and data that will
be in Helios Avionics' services and apps and third-party users.
The provisions of this clause do not affect your rights under applicable binding national laws, including, but not limited to, the statutory warranty rights. If any portion of this Limited Warranty is found to be invalid or unenforceable, the remaining portion of this Limited Warranty shall remain unaffected and remain in force.
Helios Avionics may be dependent on third-party vendors for the provision of some services, apps, or user content (or parts thereof).
Please be aware, in particular, that when using navigation systems, or when using, uploading, or modifying navigation systems, calculation errors may occur that are caused by local environmental conditions and / or incomplete data.
Services, Apps, User Content, or third-party materials are provided in this form and without warranty.
To the extent permitted by applicable law, Helios Avionics makes no representations or warranties, whether express or implied, with respect to the purchase (either directly through Helios Avionics or through a distribution partner), access or use of services, apps, user - (Iii) usefulness, satisfactory quality and suitability for a particular purpose, (iv) reliability, deficiencies, operation and availability, (v) non-conformance, (Vi) security, the risk of interception of information, viruses, or anything that could be detrimental; (vii) professional endeavors, assistance, information or services; (viii) abusive, threatening or threatening acts , defamatory, unlawful or otherwise manner.
You are hereby expressly referred to this section. This section explains the circumstances in which Helios Avionics is liable for product, service, application, user, user, or third-party material, including limitations and exceptions. This section does not affect your rights under applicable, binding national law.
Helios Avionics is liable without limitation
i. Personal injury or death resulting from intent or negligence on the part of Helios Avionics, its legal representatives or vicarious agents;
ii. Damages caused by intent or gross negligence on the part of Helios Avionics, its legal representatives, senior executives or vicarious agents;
iii. For claims under the Product Liability Act.
Helios Avionics is liable for damages caused by a breach of essential contractual obligations by Helios Avionics, its legal representatives, senior executives or vicarious agents. If the breach was caused by slight negligence, the resulting liability is limited to the amount foreseeable by Helios Avionics at the time the service was rendered.
Helios Avionics is not liable for the violation of non-essential contractual obligations by slight negligence.
In this section all the extraordinary conditions and circumstances, under which Helios Avionics is legally freed to fulfill its contractal obligations between you and Helios Avionics, are explained.
Major force describe circumstances that impair the fulfilment of the obligations of Helios Avionics under these terms and conditions and that do not lie under the adequate sphere of influence of Helios Avionics.
To that case any delayed and/or deffered deliveries and incomplete deliveries of Helios Avionics and also the temporary or partially unavailability of your account, sevices, apps, user data and/or user contents, that are caused by those circumstances and that do not lie within the adequate sphere of influence of Helios Avionics.
In case of major force all obligations of Helios Avionics are exposed. If the time interval, in which Helios Avionics cannot comply its obligations as a result of major force, should exceed 90 (calendar) days, both parties have the right to terminate the purchase contract and Helios Avionics has the right to terminate the contract regarding the services and apps without the obligation to pay any compensations of or out of the relation of this dissolution.
These terms and conditions (including all additions or amendments of these terms and conditions, that are included as a supplement in the product package) and if necessary other terms and conditions are base of the entire agreement between you and Helios Avionics refering to the products, including any support-services, the services, apps, user data and/or user contents and replace all previous oral or written agreements, consults and assurances regarding the software or other contents, that are being covered by these terms and conditions.
If regulations of these terms and conditions should be declared as invalid, ineffective unenforceable or illegal, all the other regulations stay active and valid. In case of such invalid regulations, Helios Avionics will provide new terms and conditions as replacement for such invalid regulations. The content and effect of these new terms and conditions shall be interpreted as close as possible to the former written wording, however in a manner, that actual effective rights can be derrived from them.
These terms and conditions and potential products, services, apps, user data, user contents, or any other jurisdicital disputes are subject to german right.
The UN-agreement over contracts through international purchase of goods is exluded here.
Sole place of jurisdiction, in any case of lawful dispute or any claims or any dispute, is Stuttgart.
Your rights according to mandatory local regulations, including potential existing rights, disputes and claims that are a result of or were created in relation with these terms and conditions, under the court of your home jurisdicition or any other courts that are responsible for such disputes, are being unaffected from this regulation.
The german version of these terms and conditions is the one which is applicable for you and for your purchase. Any translations are for your aid only.
Account
Your Helios Avionics account that has been created through a platform or an app.
App
Any mobile app, developed by Helios Avionics and downloadable through any third-party providers.
Built-in Device
Any device which is being built in an airplane that has been sold to you by Helios Avionics or a third-party provider.
Platform
Any platform provided by Helios Avionics, through which you can receive services.
Product
Any hardware, materials and accessories.
Sales Partner
All sales partner, that sells online or offline products, bulit-in devices, services or apps, including but not limited to distributors and app-stores as third-party providers.
Service
All fee-based or fee-freed yieled services (as subscription on a regulary or unique base) through an electronical way.
Terms of Service
These general terms of service of Helios Avionics GmbH, a private limited company based in Ammerbuch, with registered adress in Hauffstraße 5,
72118 Ammerbuch, Germany, and registered in the commercial register and in the chamber of commerce ___ under the number ___ with the USt-ID-Nr. ___.
Materials of Third Party Providers
Contents, codes of software, data, informations, functionalities, other contents and algorithms that are licensed by or provided an other way by someone else than Helios Avionics.
Helios Avioncs-Contents
All informations, texts, data, scripts, graphics, pictures, tones, music, videos, interactive functions, functionalities or other similar materials, that are being provided by Helios Avionics.
Helios Avioncs-Websites
All websites provided by Helios Avionics and which you can access without former registration, including but not limited to
- https://helios-avionics.com
User Data
Contents you are uploading through an app, a platorm, a product or a service, e.g. notices, materials, informations, data, mentions, fotos, profiles, messages, hints, links to websites, music, videos, drafts, graphics, tones and all other content, unless the intellectual property for the above mentioned content is being hold by Helios Avionics or the former mentioned contents belong to Helios Avionics, its affiliated companies or licencors.
User Contents
All user contents that are being relied to Helios Avionics by use of an app, a platform, a product or a service, but only, when Helios Avionics holds the right to use this data, whereas the use of the data is dependent of your approval, the relative product information, these terms of services and/or the privacy statements of Helios Avionics, that were made available by Helios Avionics.