COMPASS

Portal Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS PORTAL OR ANY PART THEREOF. BY ACCESSING AND USING THIS PORTAL, YOU EXPLICITLY AGREE AND ACKNOWLEDGE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE AGREEMENT). IF YOU DO NOT AGREE TO ALL THESE TERMS OF USE, YOU SHOULD NOT USE THIS PORTAL. THE AGREEMENT ALONE WITH THE GENERAL AVIATION SERVICES AGREEMENT ARE VALID.

This portal https://compass.flights and each webpage forming part of this portal (the Portal) is solely owned, hosted and operated by HADID International Services FZE, a free zone establishment incorporated pursuant to the prevailing laws of Dubai, United Arab Emirates, its branches and/or subsidiaries (the Company).

Definitions

  • Applicable Law means any law, rule, regulation, order, injunction, notice, approval or judgment in the Emirate of Dubai and/or the UAE and/or the country where the Company, its branches and/or subsidiaries are established whether such applicable laws now exist or hereafter come into effect (unless otherwise provided in this Agreement).
  • Person means an individual (a natural person, whether acting for himself or herself, or in a representative capacity) or entity (a partnership, corporation, limited liability company, governmental authority, trust, unincorporated organisation or any other legal entity of any kind) as the case may be.
  • User/ Authorised User means any Person authorised to access and use the Portal where access is subject to allotment of a sign in Username or/and password allotted by the Portal administrator by an email.
  • Admin User means a User who is authorised; to create Editor Users, to update profile information, and to create other Admin Users.
  • Editor User means a User who is created by the Admin User and who is authorised; to submit new requests, to update requests and to cancel requests.
  • Extranet means the restricted private areas of the Portal accessible by Users specifically authorised by the Portal administrator allowing such User or Users to upload, modify, renew certain data, images and related information.
  • Intellectual Property means all patents, copyright, design rights, domain names, registered designs, trade and service marks (registered and unregistered), rights in know-how, keywords and algorithms, rights in relation to databases, trade secrets, rights in confidential information and all other intellectual property rights throughout the world including all registrations and pending registrations relating to any such rights and the benefit of any pending applications for any such registrations; and all reversions, extensions and renewals of any such rights.
  • Service means services offered by the Portal on the World Wide Web through which Users can access the Portal and/or the Extranet, use available tools, search functions and other areas available or to be made available. The Company and the Portal provide Service worldwide, committed to the sanction policy of the United States of America, United Kingdom, the United Nations and the European Union.
  • Unauthorised User means any Person using the Extranet who has not agreed to all of the terms and conditions set out in this Agreement, who has not been issued a password or Username directly by the Portal Administrator to enter the Extranet.
  • Username means the unique identifier chosen by or assigned to the User that allows the User access to the Portal.
  • Visitor means any person visiting the Portal and includes Admin User, Editor User, advertiser, and Unauthorised User.
  • Planned Maintenance means the Portal’s required maintenance and required upgrade being carried out from time to time, and for which the Users will be notified in advance.
  • Maintenance means the maintenance carried out when the Portal faces any problem which is out of the control of the Company, and for which the Users will be notified once the Portal administrator and the Company are aware of the problem.
  1. Access and Information
    1. The access to this Portal is solely for legitimate purposes. Any access or attempt to access Extranet by Unauthorised Users on the Portal without prior written consent of the Portal administrator is prohibited.
    2. At the time of registration, the User must provide full and accurate details before using the Portal for any transaction. The User can only register through a business email address and registration through any other email address is not permitted. The Portal administrator reserves the sole and exclusive right to request any information or documents it may deem fit to authenticate registration status of Users. The Company and/or Portal administrator reserve(s) the sole and exclusive right to reject any registration that does not meet the required criterion and the right to delete any material that may be found inappropriate or that which violates the Applicable Law.
    3. The Portal can be accessed to submit, and/or update, and/or cancel, and/or track services provided by the Company.
    4. The User can use the Portal to update profile information including, but not limited to, detailed address, contacts details, emails and mobile contact number for receiving notifications, fleet information and/or documents.
    5. The User will provide information while filling his profile on the Portal which will be stored on the server. This information will include, but not be limited to, the following:
      1. Crew details including, but not limited to, passport details, phone number, and emails.
      2. Passenger details including, but not limited to, passport details, phone number, and emails.
      3. Fleet/Aircraft details including, but not limited to, the registration information, model of the fleet/aircraft, and supporting documents.
    6. The Company reserves the sole and exclusive right to; approve, reject, or put on hold the User's requests that do not meet the required criterion of the Company’s compliance policy.
    7. The Company reserves the sole and exclusive right to; automatically deactivate the User’s account, upon termination of the relationship between the Company and the User, and/or upon any breach of the Agreement and/or upon any breach of the Additional Terms as under Clause 9 of the Agreement and/or upon any breach of the Applicable Law by the User.
    8. Every User shall, at all times, ensure the following:
      1. be at least of 18 years of age and able to enter in to binding contracts.
      2. post content, images or items in appropriate category or area of the Portal.
      3. in cases where the User is acting on behalf of third-party, the User shall not place any details that are covered pursuant to Restricted and Prohibited Items Policy listed on this Portal or share confidential or sensitive information without the prior written consent of the principal.
      4. not violate Applicable Law and any other law, third-party rights or the Portal’s policies including, but not limited to, prohibited or restricted items set herein below.
      5. not post any information, image, link, file or data of any sort whatsoever that is fake, obscene, discriminatory, threatening, false, misleading, defamatory or libellous, or that which violates any law or is restricted by Applicable Law.
      6. not use the Portal for ascertaining search engine optimisation techniques adopted by the Portal administrator or the Company for its own purpose or for a portal competing with this Portal including keywords, designs and layout included in the Portal.
      7. not make any alteration to a bid or offer placed on the Portal without the prior written consent of the Portal administrator.
      8. not collect details of other Users without the consent of the Portal administrator.
      9. not sell, assign or transfer their login details to any Person without the prior written consent of the Portal administrator.
      10. not create multiple Usernames (whether currently available or available for registration in future), distribute viruses, malware, trojan, carry out denial of service or distributed denial of service attacks (DDOS), add or infect or distribute or otherwise code programs that may harm the Portal or Visitors or their systems; spam the Portal or any webpages therein including, forums and boards, comments and related areas.

  2. Limitation of Liability
    1. Every Visitor to the Portal (including User and Unauthorised User) do understand and hereby agree and acknowledge that:
      1. The Portal is not responsible nor liable for any indirect loss, consequential loss, loss of profits, revenue, data or goodwill howsoever arising suffered by any Visitor, User, or Person authorising the User, an Unauthorised User in any manner whatsoever in connection with this Agreement, marketing, advertisement, sale or for any liability of a Visitor (including User, owner or Person authorising the User and Unauthorised User) to any third-party.
      2. Each Visitor including User, or Person authorising the User and Unauthorised User shall in the event of any litigation ensure that it does not make the Portal, the Company or management of the Company a party to any claim and do hereby release and discharge the Portal, the Company and management of the Company from any and all claims (past as well as future) including, but not limited to, loss of reputation, loss of goodwill, loss of monies or any special, indirect or consequential damages arising directly or indirectly out of use or inability to use the Portal, services and tools.
      3. The Portal shall not be responsible for any copyright or Intellectual Property infringement and any data, material, images or content uploaded by a Visitor is at its own risk.
      4. The Company and the Portal do not guarantee continuous or secure access to its Services, Portal, webpages or tools and forums on the Portal. To the extent legally permitted, all implied warranties, and terms and conditions are hereby specifically excluded.
      5. The information provided on the Portal is User generated and for reference purposes only and cannot be treated as evidence for matters relating to court or arbitration disputes or for valuation purposes.
      6. The User is solely liable for any change or update in the information provided by the User under Clause 1.4 and/or 1.5 by the Admin User and/or Editor User.
      7. The services supported on the Portal but provided by third-parties including, but not limited to, aircraft, cargo, crew and passenger ground handling, airport fees settlement, flight clearances, air traffic rights and approvals, aircraft refuelling, navigational fees settlement, catering, hotel reservations, renting a car, and booking a pick-up from/to the airport, shall not hold the Portal and/or the Company responsible and/or liable in any case whatsoever.
      8. The Portal and/or the Company hold no liability in case there has been any miscommunication from another country while granting traffic right approvals.
      9. The accounts of the Admin User and/or the Editor User are the sole responsibility of the Person and the access to accounts of the Admin User and/or the Editor User should be carefully controlled including, but not limited to, when an employee having access to the User account is leaving the Person’s company, the User account should be deactivated and/or password changed and/or the Company must be informed to change the password.
      10. The Person accepts to be held liable for any action taken by the Person’s Users (Admin User and/or Editor User).

  3. Payment Terms (if Applicable)
    1. Registration and viewing of contents listed on the Portal is free. The Company will charge the Users for using the Company and the Portal services (regardless of whether such feature exists now or will become available in future), including future services requiring the Users to make a payment. The fee chargeable towards the above services is subject to change.
    2. The Portal will not request, and the User should not enter and/or share and/or save any payment card information data including, but not limited to, the cardholder’s name, card number, expiry date of the card and the CVV. The applicability of Clause 3.2 is as a precaution to ensure no phishing occurs through the Portal. The User will be solely liable for any payment information being entered and/or shared and/or saved on the Portal.
    3. The User undertakes to settle all the invoices of the Company through a bank wire transfer to the Company’s bank account specified on the invoice. Settlement must be done within fourteen (14) calendar days from the date of reception of the Company’s invoice by E-mail and/or by the Portal.
    4. When remitting payment(s) of the Company’s invoices via wire transfer, the User shall make sure to submit to the financial institution both the relevant wire instructions regarding the Company’s bank and copies of all invoices relevant to the payment.
    5. The User has the right to raise any objection or comment against the invoice of the Company within five (5) workings days from the date of its reception by email and/or by the Portal. After that the User is committed to pay the invoice amount in full and on time to the Company without any deduction or delay.
    6. In the event of the User’s delay in the settlement of the Company’s invoices for more than fourteen (14) calendar days, the User shall be subject to a penalty of two (2) percent of the full amount of the pending invoices for each month of delay, as a compensation for the delay.
    7. Notwithstanding its other rights, the Company reserves its right, to terminate this Agreement, or suspend further rendering of services to the User under this Agreement, and demand the payment of all outstanding invoices, in case of the User’s failure to make any payment as herein provided or if the User fails to remedy such demand within seven (7) days of receipt of a written notice from the Company calling for such remedy.
    8. In order to claim refunds, the User must contact the Portal administrator and provide all documents and information needed by Portal administrator to validate the refund. The Company provides no guarantee in any manner whatsoever for accuracy or timelines concerning refunds. No refunds will be made where the User (including Unauthorised User whose account is pending activation) has failed to comply with the terms set out herein, has posted objectionable or wrong details, or is inconsistent with or violates the Applicable Law.

  4. Use of Content and Information
    1. Any content or information uploaded by a User or Unauthorised User whose activation is pending, grants the Portal and the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right including the right to sub-license and exercise any copyright, trademark, data rights, such User has in content, in any media known now or in future.
    2. The Portal will use the email and/or mobile contact number, updated by the User on the Portal, to send notifications through email and/or SMS to the User.
    3. All ownership in the Portal database, database structures, designs, User database, forums, and Services is proprietary and owned solely by the Company and every Visitor or User as well as Unauthorised User hereby acknowledge that the content stated hereinabove is confidential and protected trade secret of the Company.

  5. Intellectual Property
    All logos, brands, trademarks, service marks, domain names and all Intellectual Property (whether registered or to be registered) appearing on the Portal (other than those owned, belonging and uploaded by advertisers or third-parties) are the properties either owned or used under license by the Company and/or its affiliates. All rights accruing from the same, statutory or otherwise; vests solely with the Company and/or its affiliates. The access to the Portal does not confer upon Visitor any license or right to use in respect of these marks or Intellectual Property and therefore the use of these Intellectual Properties in any form or manner, whatsoever is prohibited.
    1. No Visitor shall without the prior written permission from the Company, use the Portal name, logo, screenshots or content on any promotional materials including, but not limited to, business cards, flyers, labels, banners (whether online or physical store banners), websites, portals, goods including supplies and garments.

  6. Warranties and Representations
    1. Neither the Company nor the Portal make any warranty or representations of any kind whether express or implied.
    2. The Company may run advertisements, events and/or promotions from third-parties on the Portal or may otherwise provide information about, or links/hyperlinks to, third-party products, offers or services on the Portal. Visitor’s commercial dealing with or him/her/it participating in such event, promotion or advertisements and any term, condition, warranty, or representation between Visitor and such third-party are solely between Visitor and such third-party. The Company or Portal will not be responsible or liable for any loss or damage of any sort incurred or suffered as a result of such third-party information on the Portal. In event of any dispute between Visitor and such third-party, Visitor hereby agrees to release the Portal and the Company from any claims, demands and damages (actual as well as consequential) of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
    3. For specific advice on legal, financial or real estate matters, Visitor should always seek the advice of a professional who is licensed and knowledgeable in that area, such as, but not limited to, an attorney, accountant or real estate agent or broker.

  7. General
    1. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
    2. This Agreement and the documents referred to in this Agreement contain the whole agreement between the parties relating to the transaction contemplated by this Agreement and unless otherwise agreed in writing, supersede all previous agreements between the parties relating to this transaction.
    3. For specific advice on legal, financial or real estate matters, Visitor should always seek the advice of a professional who is licensed and knowledgeable in that area, such as, but not limited to, an attorney, accountant or real estate agent or broker.
    4. The Visitor shall do or procure to be done all such further acts and execute or procure the execution of all such other documents as may be required for the purpose of giving the Company or Portal administrator, the full benefit of the provisions of this Agreement.
    5. No written or oral representation, correspondence or statement, promotional or sales literature shall form part of or be incorporated by reference into this Agreement.
    6. In case any provision in this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.
    7. The failure of a party to insist in any one or more instances upon the strict performance of any of the provisions of this Agreement or to take advantage of any of such party’s rights hereunder shall not be construed as a waiver of any of such provisions or the relinquishment of any such rights, which shall continue in full force and effect.
    8. This Agreement shall be binding upon and shall accrue to the benefit of the parties and their respective successors and permitted assigns (including where applicable successors in title).
    9. The Company shall have the right to assign or transfer this Agreement or any part thereof in any share or interest therein and the Visitor hereby consents to such assignment or transfer.

  8. Dispute Resolution
    1. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
      1. If the parties are unable to resolve any dispute arising out of or in connection with this Agreement, the party asserting a dispute must give a dispute notice to the other party.
      2. The party receiving the dispute notice must respond within seven (7) business days as applicable in the United Arab Emirates after receiving the dispute notice.
    2. Dispute Resolution Procedure: The parties agree:
      1. any dispute shall, so far as possible, be settled amicably between the parties within a period of thirty (30) business days (as applicable in the United Arab Emirates) from the date of issue being notified to the Portal administrator.
      2. in the event the dispute is not resolved within the time-frame set above, the parties may jointly consider appointment of one neutral mediator, whose decision shall be final and binding.
      3. if a dispute is not settled in accordance with Clause 8.2.1 and 8.2.2 of the Agreement; then such dispute will be resolved by Arbitration before the Dubai International Arbitration Centre by one arbitrator. The Dubai International Arbitration Centre will have the final decision to appoint the arbitrator after ensuring that there is no conflict of interest by the appointed arbitrator. The Arbitration proceedings shall be in English and held in Dubai.

  9. Additional Terms
    1. Restrictions and Prohibited Items Policy
    2. Privacy Policy