Terms of Use

General

1. THIS Terms and Conditions AGREEMENT (The “Agreement”) shall govern your use of the next generation synthetic flight training devices and services of AEROSIM (HK) LTD (“Aerosim”). By using the devices and services of Aerosim, you are agreeing to this Agreement. You are advised to read the following Terms and Conditions in details.

• In this Agreement, unless the context otherwise requires: –

a. the terms “we”, “us”, “our” and “ours” when used in this Agreement shall mean Aerosim. The terms “you”, “your” and “yours” when used in this Agreement mean any registered user of our devices and services.

b. the headings used in this Agreement are for convenience only and shall not in any way affect the construction or interpretation hereof;

c. words and expressions importing the singular include the plural and vice versa;

d. words and expressions importing one gender include both genders and the neuter; and

e. references to paragraphs, are references to paragraphs in this Agreement.

• This Agreement should be read together with our Personal Data Protection Policy and Practices, in accordance with by the laws of the Hong Kong Special Administrative Region.

Changes to our Devices and Services

• We may make changes to all or part of our devices and services from time to time and reserve the right to amend the Terms and Conditions in this Agreement by posting the amended terms and conditions on our website and mobile applications. By continuing to access or use our devices or services, you confirm that you agree to the modified terms and conditions.

Availability of our Devices

• The use of any of the devices provided by us may be restricted for certain individuals or in certain countries. If a person’s country or any other countries related to that person has laws that prohibit the use of our devices, we shall not provide such devices. All interested parties shall seek advice from their legal counsel in advance to see if their legal and financial status allows them to use the devices provided.

• Whilst we shall use commercially reasonable efforts to provide users with access to our website and mobile application twenty-four (24) hours per day, we cannot fully guarantee your access and you acknowledge that we make no representation or warranty that our mobile website and mobile application will be available at all times.

• You are responsible for your own hardware, software and facilities for the website and mobile application and we cannot guarantee compatibility of our website and mobile application with your systems.

• We shall be entitled to temporarily suspend, amend, upgrade or modify the application to at any time, in our sole discretion, for any reason, and without any liability or responsibility to you. We are not responsible for any loss or damage suffered as a result of the suspension of or your use of our website and mobile application.

• We may issue updates to our website and mobile application at times, based on our development schedule. You shall promptly follow our guidance and install any updates to the website or mobile application.

Data Protection and Cookies

• Cookies are small text files that are placed on your device by a server when you access our website. We use cookies to identify your access and monitor usage and web traffic on our website to customise and improve our devices and services.

• We use both persistent cookies and session cookies. A persistent cookie stays in your browser and will be read by us when you return to our Site or a partner site that uses our services. Session cookies only last for as long as the session lasts (usually the current visit to our website session).

• You can block cookies by activating the setting on your browser that allows you to refuse the use of all or some cookies. However, if you do so, you may not be able to access all or parts of our website or mobile application.

Use of our Website and Mobile Application

• All content on our website and mobile application is for information purposes only and no aspect of our website shall constitute an offer to buy or sell products or services of Aerosim or any companies.

• Our website and mobile application shall not be used, or relied upon by you, as a substitute for your independent research or professional advice that is provided to you in direct consultation with an Aerosim representative.

• You agree to keep your registered account details safe and will not share them with others. If you become aware of or have reason to believe that there is any unauthorised use of your account or any other breach of security, you must change your password and notify us immediately.

• You agree not to

1. trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorised by us;
2. attempt to gain unauthorised access to our website or mobile application, computer systems or networks connected to our website or mobile application, through password mining or any other means;
3. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the hosting service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
4. “stalk” or otherwise harass another;
5. collect, store, print out, reproduce, distribute or otherwise make available or use any personally identifiable information or data about other users; or
6. access or use (or allow access or use of) our website in any other unauthorised manner, which includes but is not limited to:
7. any false, fraudulent or unauthorised booking;
8. obtaining or any attempt to obtain unauthorised access to any of our networks or accounts or to information about other users;
9. use of our website or mobile applications in a manner which causes or may cause an infringement of the rights of any other;
10. any posting, transmission or dissemination of harmful, obscene, defamatory or otherwise illegal information;
11. any interference with or disruption to our website or mobile applications, as well as any reproduction, extraction, modification or distribution of content or material from our website.

• You must not establish and/or operate links to our website or mobile applications without our prior written consent.

• Without prejudice to our other rights at law or otherwise, we reserve the right to deny you access to our website and mobile applications if we believe that you are in breach of these Terms and Conditions.

Personal Data Protection Policy and Practices

• For information about our privacy policies and practices, please refer to our Personal Data Protection Policy and Practices.

Intellectual property rights

• All information, data, text, music, sound, photographs, graphics software, video, messages or other materials displayed on or available through our website or mobile application belong to us or have been lawfully licensed to us for use on our website or mobile application. All rights under applicable laws are hereby reserved. While you may download or print material from our website for your personal, non-commercial use, it remains the property of us, unless otherwise stipulated.

• Unless otherwise specified by us on our website or mobile application, or pursuant to separate licence granted by us, you are not allowed to upload, download, post, publish, reproduce, transmit, copy or distribute in any way any component of our website or mobile application itself or create derivative works with respect thereto without our prior written consent.

• You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback”) in connection with our website, mobile application or without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

Third-party websites, content, products and services

• The information on our website or mobile application may contain information provided by third-parties or sourced by us from business information sources and other references or sources (“Third-party Information”). Third-party Information is the sole responsibility of the users and third-parties, and its accuracy and completeness are not endorsed or guaranteed by us.

• We are not responsible if any such information is inaccurate or not up-to-date. We do not separately verify the information provided by such third-party or agency and you are cautioned thus to the reliability and accuracy of the information accordingly. Third-party Information is the property of the creator and we claim no right, title or interest to any such content and disclaim all warranties and liabilities related thereto. Any use and reliance of such information is at your own risk.

Your access

Linked websites

• We are not responsible for the contents available on or the set-up of any other websites linked to our website or mobile application (“external websites”). Your access to and use of an external website is at your own risk and subject to any terms and conditions applicable to such access and use.

• By providing hyperlinks to an external website, we shall NOT be deemed to

• endorse, recommend, approve, guarantee or introduce any third-party or the services or products it provides on the external website, or

• have any form of cooperation with such third party and the external website.

25. We are NOT a party to any contractual arrangement entered into between you and the provider of any external website unless we expressly specified or agreed in writing.

Embedded content

• Embedded content (including embedded images, audio and video content and text) on our website or mobile application that is identified with social media, including but not limited to Facebook, Twitter, YouTube, Sina Weibo and Instagram, are embedded from third-party hosted sites.

• Embedded content is subject to the licence terms of the location at which such content is hosted, or the licence terms imposed by the owner of such content. Embedded content may be used or linked to only in accordance with the terms of the relevant licence. You are liable for any consequences of failure to comply with those licence terms.

Disclaimer and limitation of liability

• By accessing and/or using our devices or services, you acknowledge and accept that the use of such is at your own risk. We shall not be liable for any direct, indirect, incidental, consequential or punitive damage or for damages for loss of profit or revenue arising out of any use of, access to, or inability to use or access our devices or services.

• Our website, mobile application and the information and materials contained in it are provided “AS IS” without warranty of any kind whether express or implied, or representation of any kind. In particular, we do not make any express or implied warranty as to the accuracy, fitness for a particular purpose, non-infringement, reliability, security, timeliness or freedom from virus in relation to such contents.

• We will not be liable for any errors in, omissions from, or misstatements or misrepresentations (whether express or implied) concerning any such information, and we expressly disclaim and exclude any liability, obligation or responsibility of whatever nature for any loss, destruction, damage, costs or expenses (whether direct, indirect or consequential) arising from or in respect of our devices or services, any content or any compilation, use, misuse of or reliance on the information delivered on our website or mobile application, or inability to use our devices or services.

• No warranty is given that our website, mobile application or the information on it will be available uninterrupted or free from delay, errors, virus or bugs. Further, we exclude any liability of whatever nature for error, failure, interruption or delay in the performance of our website or mobile application at any time.

• We may in our sole discretion terminate, suspend or withdraw the provision of our devices or services (or any part thereof) at any time without prior notice.

• We are not liable to you or to anyone else (in negligence, tort, contract, or otherwise) for any loss or damage (including direct or indirect loss, or special or consequential loss) howsoever caused arising out of or in connection with:

• the breach in the security of your registered account, or the access to or use of any information held in your registered account by unauthorised third-parties; and/or

• the breach in the security of your computer, mobile or other device, or the access to or use of any information held on or through your computer, mobile or other device by unauthorised third-parties.

• Without limiting the foregoing, Aerosim shall not be responsible for any detrimental reliance that you may place upon our website, mobile application or its contents whatsoever.

• The above exclusions and limitations of liability apply to Aerosim, any of our officer, director, or employee thereof, and any other person associated with the creation of our website, mobile application or its contents.

• Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury caused by negligence, for fraud and fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by the laws of Hong Kong Special Administrative Region.

• The above exclusions and limitations apply to the fullest extent as permitted under the laws of Hong Kong Special Administrative Region.

Indemnity

• You agree to indemnify and hold us and our subsidiaries, affiliates, licensors, content providers, service providers, officers, directors, agents and employees harmless from and against any action, liability, demands, loss, damages, costs and expenses, (including all reasonable legal fees), incurred by or suffered by us in connection with or arising from your breach of this Agreement and/or your use of our devices or services.

• We may, if necessary, participate in the defence of any claim or action and any negotiation for settlement. You agree not to make any settlement that may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right to assume exclusive defence and control of any such claim or action.

Governing law and jurisdiction

• Our devices and services are primarily intended for those who access it from within Hong Kong. We therefore cannot guarantee that our devices, services or the information thereon complies with law or regulations of other countries, or is appropriate for us, in other places.

• You consent to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region in connection with any legal action that may arise in relation to your use of our website, mobile applications and/or this Agreement, and we reserve the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country.

Partial invalidity

• If any provision of this Agreement is held by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Miscellaneous

• Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein shall not be deemed a waiver of such provision or such right. All waivers by us must be in writing. No written waiver by us shall be construed as a waiver of any continuing or succeeding breach of any provision of these Terms of Use or of any right provided for herein, unless the written waiver contains express statement to the contrary.

• If there is any inconsistency or ambiguity between the English version and the Chinese version, the English version shall prevail.