BY USING THE PILOTLOG SERVICE, YOU AGREE TO ABIDE BY THE FOLLOWING TERMS & CONDITIONS
THESE TERMS IN NO WAY AFFECT YOUR STATUTORY RIGHTS
Revision 5 : 9th June 2017
Effective Date : 9th June 2017
1 - Definitions
1.1 - 'PilotLog' is an online service, for the purpose of electronically logging details of flying hours for commercial or private flying records.
1.2 - 'MJICCS' is the author, operator and provider of the PilotLog service, and includes all MJICCS staff.
1.3 - 'User' is a person subscribing to the PilotLog service.
1.4 - 'PilotLog Server' is the third party computing facility, contracted by MJICCS to host the PilotLog program and data.
2 - Rights of Author
2.1 - PilotLog is designed, operated and maintained by MJICCS.
2.2 - PilotLog is subject to Copyright, PilotLog © 2004-2019 MJICCS.
2.3 - The Intellectual Property rights of PilotLog are deemed to be the sole property of MJICCS.
2.4 - The PilotLog software is licensed for use on-line, running on the PilotLog Server only. No part of the PilotLog software may be copied (except for caching), distributed or modified in any way without the express written permission of MJICCS.
2.5 - MJICCS does not endorse any opinions or comments expressed by Users of PilotLog.
2.6 - MJICCS reserves the right to modify the content, features and design of PilotLog at any time without prior notification to Users. The concept of PilotLog will remain as defined above.
2.7 - MJICCS reserves the rights to refuse service and / or access to PilotLog to anyone, without explanation.
3 - Data Protection
3.1 - MJICCS is registered with the Information Commissioner's Office in the United Kingdom, for the purpose of processing personal data.
3.2 - All data provided by the User will be securely kept, for the sole purpose of providing the PilotLog service.
3.3 - Users are responsible for maintaining the accuracy of their personal details held on file. Failure to notify MJICCS of any changes to personal details does not excuse the User from compliance with any changes to published terms and conditions.
3.4 - A facility has been provided within the PilotLog program for Users to view their personal details and make any amendments necessary.
3.5 - Users grant MJICCS unrestricted access to all data held on their PilotLog accounts, for the purposes of maintenance, troubleshooting and upholding these terms and conditions. MJICCS will not modify any log book records without the consent (verbal or otherwise) of the User.
3.6 - The facility exists to make Users' data available to third parties. This will apply only in special circumstances:
3.6.1 - Where a User specifically requests that their log book is made available to a licensing authority for the purpose of submitting their log book to that authority.
3.6.2 - Where a User has an account provided by an outside organisation such as a flying school or airline, their data will be available to employees of that organisation. Users will be notified of the specific arrangements that apply in these circumstances.
3.6.3 - Where MJICCS is required to release data under UK law, for example subject to a court warrant.
3.7 - Users' data will not be used for marketing purposes, or passed to third parties except as described above.
4 - Subscriptions
4.1 - Trial Period
4.1.1 - The PilotLog service is available for a trial period for User evaluation. A fee will become payable at the end of the trial period, should the User wish to continue the use of their PilotLog account.
4.1.2 - It is the responsibility of the User to set up or cancel any subscription payment. Depending on the payment method chosen, this may be through the User's iTunes or PayPal account, by contacting their bank, through the PilotLog website or by contacting PilotLog support.
4.1.3 - At the end of the free trial period, should the User not set up a subscription payment, any data entered into the User's database will be deleted at the discretion of MJICCS.
4.2 - Payment of Fees
4.2.1 - A subscription fee will become payable at the end of the trial period, should the User wish to continue the use of the PilotLog service.
4.2.2 - Subscription fees will be paid annually or monthly. The User has the choice of annual or monthly payment.
4.2.3 - There are various payment options for subscriptions. Auto-renewing subscriptions will be charged automatically at the agreed interval. This will continue until the subscription is cancelled by the User or by MJICCS.
4.2.4 - The User is responsible for maintaining their account, specifically but not limited to, ensuring that current details are held to permit automatic payment of subscription fees.
4.2.5 - The User is able to cancel the subscription service (and hence their PilotLog membership) at any time by cancelling their payments, or by contacting MJICCS
4.2.6 - Available payment methods are at the discretion of MJICCS.
4.2.7 - If the User fails to pay the subscription fees within three months of the due date, access to the User account will be suspended. Access can be reinstated upon payment of the overdue subscription fee.
4.2.8 - If the User fails to pay the subscription fees within two years of the due date, it will be deemed that the User does not wish to renew the subscription and their data will be deleted from the PilotLog Server (without further warning or backup).
5 - Cancellation of PilotLog Account
5.1 - Cancellation by User
5.1.1 - Should the User wish to cancel their PilotLog account at any time other than the end of the subscription period, notice must be forwarded to MJICCS in writing or by e-mail.
5.1.2 - Subscription fees will not be refunded in the event of cancellation, except at the sole discretion of MJICCS.
5.1.3 - If a User cancels their account, their data will be deleted from the PilotLog Server on the agreed cancellation date.
5.2 - Cancellation by MJICCS
5.2.1 - MJICCS reserves the right to terminate any User account (without advance notice) where the User is found to be misusing or abusing the PilotLog service. This includes, but is not limited to, the inclusion of obscene, libellous or defamatory material within the PilotLog program.
5.2.2 - Where possible, formal notice of the reasons for termination will be sent to the e-mail address held on record. The User may appeal against this decision, but MJICCS reserves the right to uphold any decision made without further justification.
5.2.3 - In the event of a User account being terminated for such reasons, no refund of subscription fees will be made and no guarantee is made that data will be returned or backed up before deletion from the PilotLog Server.
6 - Security of Data
6.1 - Data Backup
6.1.1 - The PilotLog Server will make all reasonable efforts to protect and backup data for all Users on a regular basis, however they will not be held responsible for the guarantee of existence, accuracy or regularity of their backup services.
6.1.2 - MJICCS will make regular off-site data backups, to safeguard against failure of the PilotLog Server. As a minimum, this will be once per month.
6.1.3 - It is recommended that Users make backups of their own data, in case of loss or corruption. A download facility has been provided within the PilotLog program for this purpose, and backups can be restored upon submittal to our support team. MJICCS reserves the right to make a charge for this service, if the loss of data is due to User action or negligence.
6.1.4 - It is recommended that Users maintain a printed copy of their log books for their own records.
6.1.5 - MJICCS cannot be held responsible for loss of data due to Users' misuse of the PilotLog service.
6.2 - User Login Details
6.2.1 - The User is responsible for the security of their login details, and should not divulge these to any other party, even if they purport to act on behalf of either PilotLog or MJICCS. Failure to abide by this may result in the termination of the User's PilotLog account.
6.2.2 - The User is responsible for ensuring that they logout of any public access (non-secure) computers.
6.2.3 - MJICCS cannot be held responsible for loss of, or modification to Users logbook data, in the event of the User losing their login details, or failing to logout of any computer.
7 - Changes to Published Terms & Conditions
7.1 - Should there be any changes to the published terms and conditions, notice will be sent to the e-mail address held on file. The User has the option to terminate their PilotLog account should they not choose to agree to the new terms and conditions.
7.2 - Failure of the User to maintain the accuracy of their personal details (in this case, specifically their e-mail address) does not excuse compliance with the any changes to the published terms and conditions.
7.3 - The terms and conditions will be available on the PilotLog website.
7.4 - MJICCS will not be held responsible for the failure of a User to receive any communications regarding the PilotLog service.
8 - Force Majeure
8.1 - MJICCS cannot be held responsible for discontinuities in the PilotLog service due to acts beyond their control, although they will make all reasonable efforts to seek alternative solutions to minimise disruption if at all possible.
Such discontinuities of service may include, but are not limited to:
8.1.1 - Acts of God (e.g. natural disaster).
8.1.2 - Act or Omission of Government, War or Hostilities.
8.1.3 - Fire, Explosion, Accident or Breakdown of Essential Equipment.
8.1.4 - Performance failures of third parties (e.g. non-availability of the PilotLog Server).
9 - Limitation of Liability
9.1 - Data held on the PilotLog Server is deemed to have no commercial or financial value.
9.2 - Under no circumstances will MJICCS be liable for any consequential, indirect, incidental, special or punitive damages, arising from loss of data.
9.3 - MJICCS will not be held responsible for any losses that may occur where a User account is accessed by third-parties through illegal or otherwise unauthorised means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to MJICCS at the time) which may exist in the PilotLog service.
9.4 - MJICCS will not be liable for any loss or damages that result (or are alleged to have resulted) from the use of or inability to use the PilotLog service, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance.
9.5 - PilotLog is a tool to assist with the maintenance of flying and duty records. It remains the User's responsibility to ensure the accuracy of hours totals and limitations. MJICCS does not guarantee that PilotLog will warn of every possible rule exceedance in every circumstance. There are complex rules which may be conditional on circumstances not recognised by PilotLog. If close to, or warned of exceeding, a limitation, it remains the User's responsibility to check the details before acting on this information.
9.6 - In the event of any dispute, English Law will apply.