Site usage policy
Please review this Site Usage Policy as well as other documents regulating the use of the Site before you begin using the Site. You should carefully assess terms and conditions and requirements provided in this Site Usage Policy before accepting with the terms and conditions provided herein.
Welcome to www.Surplusaero.com (hereinafter – the “Site”; for other definitions used herein please refer to article 2 or descriptions that follow), the website, which is operated by Surplus Aero Ltd
The following Site usage policy (hereinafter – the “Site Usage Policy”) provides the rules and requirements on usage of the Site and regulates the contractual relationship between the User and Surplus Aero.
Surplus Aero makes the Site available as an online platform through which the Registered Users may offer for sale and/or find necessary aircraft parts as well as through which various type of services relevant to aviation industry participants may be provided.
Users may use the Site only for purposes that are described in the Site.Please note that the Site Services shall not be used for the purposes not related to your commercial or professional activities, i.e. for the satisfaction of your personal, family or household needs.
Please note that Surplus Aero is constantly developing new services for its clients and seeks to improve the ones already available, therefore the scope of the Site Services and conditions upon which they are provided may vary and change after you begin to use the Site and Site Services. Also, due to the above this Site Usage Policy contains only the main principles and rules on use of the Site. Accordingly you shall always follow the instructions and requirements contained in the Site when subscribing and (or) using the Site Services or any part thereof.
You may not derogate from application of the Site Usage Policy in whole or in part by an agreement, a unilateral deed or otherwise, unless it is expressly allowed to derogate from particular provisions of the Site Usage Policy.
You are not allowed to use the Site and (or) Site Services, if you are under the age of 18 or you are not able to form a legally binding agreement or if your Account has been temporarily or indefinitely suspended or terminated.
This Site Usage Policy is effective as of 11 06 2020.
In this Site Usage Policy the following terms and expressions shall have the following meanings and shall be applicable to capitalised definitions (except for personal pronouns that may be written in capital letters as well as in small letters) in other documents of the Site Usage Policy, if not clearly defined otherwise:
“Account” shall mean a personal virtual account on the Site, which you open when you register to become a Registered User and intending to use the Site Services.
“Buyer” shall mean the Registered User that intends to purchase one or more Items on the Site.
“Cookies Policy” shall mean the rules and requirements on using cookies on the Site. You can read the Cookies Policy here.
“Surplus Aero” shall mean UAB “Surplusaero.com” by which this Site is operated.
“Paid Services” shall mean the creation of Account and grant of the ability to use the Site (including the Site Services or any part thereof).
“Personal Information” shall mean any information about the User that is personally identifiable to you, like your name, address, email address phone number, date of birth, personal ID code, purchase history, credit card number(s), bank account number(s), as well as other non-public information that is associated with the foregoing.
“Intellectual Property Rights” shall mean all rights related to inventions, patents, trademarks, industrial designs, geographic indications of source, copyright, goodwill and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.
“Items” shall mean products which circulation is not prohibited under the applicable law and that are uploaded by the Registered User to the Site for the purposes of selling them.
“Seller” shall mean the Registered User that intends to upload one or more Item(s) to the Site for the purpose of selling them.
“Site” shall mean the website www.SurplusAero.com and all related sub-domains of this website.
“Site Services” shall mean all and any services that are accessible on the Site (if any) that are provided by Surplus Aero.
“Registered User” shall mean a natural person who creates the Account and uses the Site on behalf of a legal person (an enterprise, a company, an organisation, etc.). Using this Site means the opening, browsing, collecting data and information from the Site, using the Site Services (if any), filling the forms of service request or search request (if any) and/or using the Site and its content in any other way.
“Visitor” shall mean a person who is only visiting the Site and does not create an Account and is not the Registered User.
“User” shall mean the Registered User and the Visitor together.
Capitalised terms used in the Site Usage Policy not defined in this Site Usage Policy are defined in the other documents of the Site Usage Policy or other requirements and guidelines available on the Site.
THE SITE USAGE POLICY AND DOCUMENTS OF THE SITE
The information, obligations, requirements, guidelines available on the Site as well as the documents linked below describe the terms and conditions on which you may use the Site, and the Site Services available on the Site (a further listing sequence does not mean granting of a priority to separate documents of the Site Usage Policy):
Site Usage Policy;
In case of conflict between the information, obligations, requirements, guidelines available on the Site and provisions of the above-indicated documents of the Site Usage Policy, the provisions of the above-indicated documents of the Site Usage Policy shall prevail.
These provisions of the Site Usage Policy shall be applicable to all the documents comprising the Site Usage Policy notwithstanding if a clear reference is given in such document of the Site Usage Policy, unless otherwise stated in respective document of the Site Usage Policy or the Site.
References to clauses, items, provisions as well as terms and conditions provided in this Site Usage Policy or particular document comprising the Site Usage Policy are references to clauses, items, provisions as well as terms and conditions of that particular document containing such reference unless specifically stated otherwise. Each time words “include” or “including” or words of similar meaning are used in the Site Usage Policy, it shall be regarded that they are followed by words “without limitation”. The headings of clauses are used for convenience only and shall not affect an interpretation of this Site Usage Policy.
REGISTRATION AND CREATION OF ACCOUNT
In order to be able to use all the Site Services or a part thereof available on the Site you must first register on the Site unless instructions available on the Site provide otherwise.
As soon as the Account is created following the terms and conditions stipulated herein as well as on the Site the Paid Services shall be considered as rendered by Surplus Aero properly and to its full extent and you shall use the Site and (or) Site Services on your own initiative and risk, however always in accordance with this Site Usage Policy.
The registration process may be performed in 3 (three) different ways of which a particular one shall be chosen on your sole discretion:
upon asking Surplus Aero for a membership and creating the Account following the instructions on the Site. It is forbidden to create more than one Account without express written permission of Surplus Aero. Surplus Aero shall have an absolute discretion as whether to accept or not to accept a particular applicant‘s membership asking;
upon communicating with the representatives of Surplus Aero via e-mail, phone call, etc. regarding the creation of the Account by Surplus Aero. When the Account is created and your membership is approved by Surplus Aero all necessary information, including but not limited to password, username, detailed instructions on using the Site, is provided to you.
upon registering on the Site under the instructions available therein.
The Account in any case may be created by registering on the Site according to the following conditions:
during the registration process and afterwards when providing information while using the Site you agree to provide true, accurate, complete information about yourself. In case any of such information changes while using the Site, you are obliged to update such information immediately. In addition you are obliged to maintain truthfulness, accuracy and completeness of such information at all times when using the Site. Additionally you unconditionally acknowledge and agree at any time upon Surplus Aero’s request immediately to submit the documents (including, but not limited to certificates, customers approvals, agreements, warranties) proving that you own more than 5 000 (five thousand) line Items.
Each registration is for a single entity (an enterprise, a company, an organisation, etc.) unless otherwise expressly designated therein. Surplus Aero does not permit:
anyone other than the Registered User to use the sections requiring registration by using Registered User’s name or password; or
access through a single name being made available to multiple users on a network or otherwise unless otherwise expressly agreed in writing.
You are obliged to handle your login data with care, to process it confidentially and to prevent abuse of the login data by third parties. Login data must be protected against unauthorised disclosure, alteration or unauthorised access. You must report to Surplus Aero about any unauthorised use of your login data or Account.
Surplus Aero undertakes to put its best efforts to fulfil the registration process as soon as possible however there is no set time limit within which you shall be completely registered and your Account created providing you with the status of the Registered User.
Access to the Site is strictly limited to those Registered Users who are authorised to form legally binding contracts under applicable law on behalf of the business or organisations they represent. Upon displaying the list of supply Items that are available for delivery, the Registered User hereby unconditionally confirms and guarantees that it is legally able to sell each Item included in a listing on the Site, i.e. the Registered User physically possesses the Items offered through the Site; the Registered User is an authorised representative (distributor) acting on the manufacturer’s behalf or is able to deliver each Item under the contract concluded between the parties and other valid legal grounds.
For the avoidance of doubts, as soon as the registration process is fulfilled and you are provided with the right to use them in accordance with the terms and conditions provided herein the Paid Services shall be deemed duly and completely rendered.
When registering on the Site as per clause 5.3.3 herein-above you may be asked to provide certain information and documents, including but not limited to, copies of company’s registration documents and a copy of one of the following certificates issued to the legal person on whose behalf you aim to create the Account: (i) Aviation Suppliers Association (ASA); (ii) Federal Aviation Administration (FAA); (iii) European Aviation Safety Agency (EASA); (iv) Quality Management Standard (ISO); (v) Aircraft Fleet Recycling Association (AFRA).
Surplus Aero shall review the information and documents referred to in clause 6.1 herein-above provided by you and at its sole discretion approve or cancel the registration usually within 3 (three) business days.
In order for the registration to be approved by Surplus Aero you shall duly fulfil all the following requirements (unless otherwise stated on the Site):
you shall be representative or employee of an aviation company;
you shall represent and warrant that the Site Services will be used solely in the interest of the potential Registered User (i.e. respective entity);
you shall make the full payment in respect of registration which shall be properly and fully received by Surplus Aero;
you shall provide Surplus Aero with all and any necessary information and/or documents strictly following the instructions available on the Site which shall be completely true, comprehensive and accurate.
In case Surplus Aero at any time and at its sole discretion considers that you do not comply with any of the requirements set out in clauses 6.3.1 to 6.3.4, Surplus Aero shall have an unlimited and irrevocable right to cancel the registration and delete your Account (without prejudice to the other cases of deletion of your Account set forth herein). Surplus Aero may inform you about the cancellation of your Account via e-mail provided by you when registering on the Site.
In case Surplus Aero approves the registration as set out in clause 6.2 herein-above may send you an electronic certificate confirming the registration. Such certificate shall be sent to you via e-mail provided by you when registering on the Site.
TERMINATION OF ACCOUNT
Without limiting any remedies Surplus Aero may have against the Registered User, Surplus Aero reserves the right to terminate the Registered User’s password and access to the Site without any refund immediately upon prior notice to the Registered User, in the event that Surplus Aero determines, in its sole discretion, that the Registered User:
does not meet the eligibility requirements set forth in paragraph 5.hereof and therefore is not an eligible subscriber; or
is not in compliance with any applicable laws and/or is in any way involved in or linked to, fraudulent activity in connection with the use of the Site.
The termination will take effect immediately upon Surplus Aero giving notice thereof to the Registered User, provided that any notice of termination given under the paragraph 6.may, if Surplus Aero in its sole discretion deems that the matter giving rise to such termination is curable by the Registered User, specifically provide cure period during which the Registered User may cure the alleged breach and, in such case, termination will take effect at the end of such period if the breach remains uncured.
The Registered User hereby consents to, and agrees not to contest, any judgment enforcing Surplus Aero’s rights of termination hereunder.
The Registered User shall be free at any time to request termination of the usage of the Site by referring to Surplus Aero.
Surplus Aero makes the Site available as an online platform for Registered Users - Surplus Aero does not sell and does not purchase any Items on the Site. Surplus Aero encourages Registered Users to act in good faith, however Surplus Aero is not responsible for Item quality, Item descriptions, any Items bought, sold, delivered, delivered late or not delivered – these and other similar matters are to be dealt with between Registered Users directly and without any involvement of Surplus Aero unless otherwise explicitly specified on the Site.
The Registered User acknowledges and agrees that Surplus Aero is not required to verify (though it has the right to do so), and cannot be held responsible for:
any actions or inactions of the Registered Users related to the Site and Site Services;
any information that Registered Users post on the Site, its accuracy, comprehensiveness and/or compliance with applicable laws; or
any Items that Registered Users sell or buy through the Site, their delivery or failure to do so.
The Registered User agrees and acknowledges that Surplus Aero is not responsible for the quality and quantity of the Items sold or purchased through the Site or their compliance with any related descriptions.
The Registered User is directly responsible for the information he posts on the Site, and the Items that he posts, sells, exchanges or otherwise transfers to other Registered Users. The Registered User acknowledges and agrees that:
Surplus Aero is not responsible for any damage, whether material or not, experienced by natural or legal persons and which could arise directly or indirectly as a consequence of information that other Registered Users post on the Site; and
only the information provider is responsible for the accuracy of the information posted on the Site and its compliance with all applicable laws.
The Registered User acknowledges and agrees that the Surplus Aero takes no responsibility for:
any intellectual property infringement arising from the Registered Users’ uploading of photos or any other information or material into the Site;
any disputes between the Registered Users and shall not participate or otherwise have any involvement in their resolution. Those dispute resolutions shall be settled in accordance with applicable laws.
FEES AND PAYMENTS
The Registered User acknowledges and confirms that any and all fees and charges, if any, that are payable to Surplus Aero under this Site Usage Policy shall be paid to Surplus Aero in advance or within 30 days if applicable.
The fees payable to Surplus Aero under this Site Usage Policy, the deadline for payments and terms of Site Services, the validity term of the Account and other special matters, if any, shall be agreed upon in two different ways of which a particular one shall be chosen (except for that case as set out in clause 5.3.3 herein-above):
upon concluding the Additional Agreement on Use of the Site (hereinafter – the “Additional Agreement on Use of the Site”) between you and Surplus Aero. The Additional Agreement on Use of the Site shall be deemed as an integral and inseparable part of this Site Usage Policy and contractual relationship between you and Surplus Aero. In case of discrepancies between the texts of the Site Usage Policy and the Additional Agreement on Use of the Site, the text of the Site Usage Policy shall prevail;
upon agreeing via e-mail, phone call, facsimile, etc. You acknowledge and confirm that agreement concluded between you and Surplus Aero in such way shall be deemed as concluded properly and being binding.
There are following alternatives to pay the fee to Surplus Aero under this Site Usage Policy when registering on the Site as per clause 5.3.3 herein-above:
by Credit Card; or
by PayPal money-transfer system; or
by bank transfer; or
by any other way available on the Site or agreed separately between you and Surplus Aero in writing or by means of electronic communication.
For the avoidance of doubts, the parties agree that Surplus Aero shall not be held liable for the quality of the services provided by the respective service providers as well as all and any losses and damages incurred by the Users (if any) due to actions and (or) inactions of any of the third parties in relation to the aforementioned payments.
In case of registration on the Site as per clause 5.3.3, Surplus Aero shall be able to automatically charge the required amount of money from your Credit Card in order to automatically extend your membership on the Site for the same period of time as before. Such process of automatic extensions of your membership on the Site may be terminated upon your explicit request. However please note that Surplus Aero shall not be obliged to provide you with any refunds in this regard unless otherwise is explicitly stated herein or agreed in writing between you and Surplus Aero.
After the payment (if any) is completed Surplus Aero may issue an electronic copy of invoice and send it to your e-mail provided by you when registering on the Site subject to your explicit request. There is no set time limit within which Surplus Aero shall send you respective invoice, however Surplus Aero shall put its best efforts in order to send certain invoice as soon as practicable.
Unless otherwise stated herein, the validity term of the Account may be extended upon separate agreement between you and Surplus Aero. In case of extension of the validity term of the Account the respective fees shall be paid to Surplus Aero in accordance with the procedure set out in clause 9.3.1 or 9.3.2 herein-above. The extension of the validity term of the Account is an independent service of the Paid Services.
Please note that Surplus Aero has no obligation to provide you with refunds of any of the Paid Services and any other Site Services except as otherwise described in this Site Usage Policy or agreed in writing between you and Surplus Aero.
In case Surplus Aero does not approve the registration and cancels your Account within the term provided in clause 7.2 due to non-fulfilment or improper fulfilment of any of the requirements stated in clause 6.3 herein-above, you shall be provided with 100% refund of the sum paid for creation of Account.
In case you intend to register on the Site as set out in clause 5.3.3 herein-above and it is established that the legal person on whose behalf you aim to create the Account is already confirmed as the Registered User of the Site, you shall be provided with refund of all paid amount for creation of your Account. Please note that in such case upon mutual agreement between you and Surplus Aero you may be added to the referred Registered User’s profile and then you will be able to login into the platform of the Site and use the Site Services using the referred Registered User’s Account.
Surplus Aero shall put its best efforts to provide you with refunds as referred to in this section within 14 (fourteen) calendar days.
RELATIONSHIP WITH SURPLUS AERO/NO WARRANTIES
Surplus Aero hosts, maintains, manages the Site, provides Users with the necessary infrastructure for the use of the Site, however, the Site and the Site Services are provided under “as is” and “as available” and „with all faults“ basis. No express or implied guarantee, or representation, endorsement or warranty of any type (including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement) is given with respect to the Site, its content and the Site Services, unless mandatory legal requirements applicable to Surplus Aero and you provide otherwise.
You acknowledge and agree that your use of this Site, any and all of its content, as well as available Site Services, is at your sole risk.
This Site Usage Policy or subsequent use of the Site will not be construed as creating or implying any relationship or agreement between you and Surplus Aero for partnership, except explicitly agreed otherwise.
If there is any service request or search of services form on the Site, the filling of such form on the Site is for informational purposes only and does not mean the order of such services and/or acceptance to carry out the order of such services and does not create any relationship or agreement between the you and Surplus Aero. Surplus Aero undertakes to use its best efforts to respond to such request within the reasonable time, however Surplus Aero shall not be obliged to do so. Furthermore, Surplus Aero reserves the right not to respond to any request unless it is contrary to valid applicable legal requirements. Further relations between you and Surplus Aero regarding provision of any services may be discussed in a separate agreement between the parties.
The Site may contain links to other sites of third parties and Surplus Aero shall not be responsible for any information posted on such sites as well as any services, provided by such third parties through these sites.
PROHIBITED ACTIVITIES ON THE SITE
You are not allowed and agree not to do any of the following on the Site and (or) when using Site Services:
post, provide, transmit misleading, false, or inaccurate information about you, Items, service requests or any other content related to you an (or) the Account;
act in bad faith, in breach of applicable legislation or otherwise contradictory to good business practices;
use the Site and/or Site Services in any manner that could harm any person, his property or legitimate interests;
take any action that imposes, or may impose, at the Surplus Aero’s discretion, an unreasonable or disproportionately large load on Site’s infrastructure;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Surplus Aero in connection with the Site or the Site Services;
in any way use a software:
that would disable or impair the Site or any software, firmware, hardware, computer systems or networks in any way;
that is usually referred to as “viruses“ or “worms” and (or) the purpose of which is to disable, disrupt, harm or otherwise impede in any manner, the Site and (or) operation of the Site or any other software, firmware, hardware, computer system or network;
that would allow you or any other person to access the Site to cause disablement or impairment of the Site or any other websites, software of hardware or to transmit information (for example “traps,“ “access codes,“ or “trap door“ devices, or “spyware“, etc.); or
that contains any other harmful or malicious procedures, routines or mechanisms, which would cause the Site and (or) or software, firmware, hardware, computer systems or networks to cease functioning or to damage or corrupt content of the Site, software, programs, equipment or communications or otherwise interfere with operations of the Site, the Owner, Users or any other third party.
distribute spam, unsolicited or bulk electronic communications, chain letters, pyramid schemes or any other content which is usually unwelcome by users of electronic communications;
use any software or other automated means to access and gather information in the Site without express written permission from Surplus Aero;
repeat any action which Surplus Aero requested to refrain from, whether or not such action is clearly prohibited in the Site Usage Policy;
impersonate or misrepresent your affiliation with any person or entity;
copy, modify or distribute content from the Site without the prior express written permission from Surplus Aero;
provide any information on behalf of Surplus Aero, other Users or any third parties without prior written approval of respective person;
use the Site to sell, buy or otherwise dispose with Items in a manner in any way contrary to applicable legal acts, including, but not limited to United Nations resolutions, EU and US legislation on antiterrorism and import, export (re-export) control in as much as these are related to the use, transfer and any other matters related to the Items;
breach other terms of Site Usage Policy and/or applicable legal acts.
Without limiting other remedies, you agree that a breach of any of the rules indicated above or in any other provision of Site Usage Policy shall entitle Surplus Aero to issue you with warnings, limit, suspend, or terminate our services (including Site Services), restrict or prohibit access to, and your activities on the Site and (or) take technical and legal steps to keep you off the Site at any time. You agree that Surplus Aero shall unilaterally decide on whether you have breached the Site Usage Policy and undertake to accept any decision of Surplus Aero as legitimate and fair.
INTELLECTUAL PROPERTY RIGHTS
Surplus Aero or, if expressly specified, third parties retain the Intellectual Property Rights to the Site and its contents to a maximum extent possible under the laws applicable to this Site Usage Policy. All according rights are reserved worldwide.You may not modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works of, exploit or distribute, in any matter, the Site, the content on the Site, including text, graphics, code, and (or) software, or any other content, unless Surplus Aero has granted written permission for such action, or if such action is expressly allowed under specific circumstances in this Site Usage Policy. However, you may print and (or) download individual pages of the Site solely for your personal, non-commercial use, provided that you do not change or delete any copyright and proprietary notices from the materials.
You acknowledge and agree that Surplus Aero owns all Intellectual Property Rights in and to the Site (including, but not limited to the Site Services and everything related thereto), and that except as expressly set forth in this Site Usage Policy, you shall not acquire any Intellectual Property Rights in and (or) to the Site.
All trademarks and service marks available on the Site are the property of Surplus Aero or SurplusAero.com is legally using them. No rights to use of such trademarks and (or) services marks are licensed by Site Usage Policy.
The contents of the Site may be quoted under condition that prior written consent of Surplus Aero is received and the source of content is properly indicated.
AMENDMENTS OF THE SITE USAGE POLICY AND SITE SERVICES
Surplus Aero reserves the right to revise (including to modify, amend, supplement, cancel, annul) the Site Usage Policy or any part thereof and any linked information from time to time at its sole discretion without prior notice to you, however, Surplus Aero shall announce amendments of the Site Usage Policy publishing it on the Site. Revised Site Usage Policy, or any part thereof, shall be deemed effective and applicable from the moment it is published on the Site, except when such amendments provide otherwise. Surplus Aero shall not be responsible for any damages or adverse effects incurred by you or any third parties due to unawareness of any amendments of the Site Usage Policy. Therefore, Surplus Aero encourages you to check for any amendments of the Site Usage Policy periodically. If after any amendment of the Site Usage Policy or any part thereof you do not agree with respective changes, you are free to request termination of the usage of the Site.
Reference to the Site Usage Policy or any document comprising the Site Usage Policy means a reference to a then valid edition of the Site Usage Policy or any document comprising the Site Usage Policy, unless clearly stated otherwise.
NOTICES AND COMMUNICATIONS
Surplus Aero may contact you by email or phone call to provide you with necessary information, revision on terms and conditions of Site Services or other admissible information in relation to the usage of Site and Site Services.
You may also contact Surplus Aero by sending an email to info@SurplusAero.com
If you breach obligations under this Site Usage Policy, Website Subscription Agreement and (or) other document of the Site Usage Policy, you will be obliged to compensate Surplus Aero or other third party the damages suffered and reimburse all and any losses, expenses and costs incurred by Surplus Aero or third party due to such breach. Compensation of damages and reimbursement of losses does not exempt you from the further fulfilment of the obligations undertaken by this Site Usage Policy or any other document of the Site Usage Policy.
In no event shall Surplus Aero be liable under this Site Usage Policy or other document of the Site Usage Policy to you or third party in any form of liability, for:
any indirect or incidental damages that may be incurred;
any loss of income, loss of business opportunities or loss of goodwill, business or profits (whether direct or indirect) that may be incurred;
any claim, damage, or loss which may be incurred by as a result of any your agreement with other Users.
If applicable mandatory provisions of laws provide otherwise, some or all of these limitations and exclusions indicated in this Section may not be applied.
You agree to release Surplus Aero and (or) its partners, agents, affiliates, licensors, sponsors, advertisers from any liability and indemnify them from and against any and all losses, costs, expenses, damages incurred by them and arising from or related to any cause of action, claim, suit, law or other proceeding, demand and (or) action brought by a third party against them:
in connection with your use of the Site Services available on the Site; and (or)
your use of the Site;
your decision to supply personal financial information on the Site;
any breach of the services agreement or other claims made by User with which you conducted business through the Site;
any liability arising from the tax treatment of payment or any portion thereof;
any kind of data loss;
your business interruption.
APPLICABLE LAW AND DISPUTE RESOLUTION
If mandatory provisions of the law of the United Kingdom, including mandatory provisions of the European Union law, do not require otherwise, the Site Usage Policy and legal relations arising out of or in connection with this Site Usage Policy (including matters concerning the conclusion, validity, invalidity, performance, termination of and rescission) shall be governed by and interpreted under the law of the United Kingdom.
All and any disputes, controversies and claims arising out of or relating to the Site Usage Policy, their breach, termination, rescission or validity shall be resolved according to the order established in-laws of the United Kingdom at the courts of the United Kingdom at place of registered office of the Owner.
If the dispute arises out of or in connection with the agreement concluded between you and one or more Users, the dispute shall be resolved under the procedure set forth in the agreement. For the avoidance of doubts, in case of such dispute, Surplus Aero shall not be liable and shall not be held liable for claims, demands, damage and losses of every kind and nature arising out of or in connection with such disputes and you waive all your claims and demands to Surplus Aero in relation thereof, if such claims would exist or emerge.
Surplus Aero does not guarantee the accuracy, completeness or relevancy of the information made available on this Site, except the accuracy, completeness or relevance of such information and to the extent, which is required by the applicable laws of the United Kingdom. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.
You acknowledge and agree that you are advised to safeguard important data, to use caution and to not rely in any way on the correct functioning or performance of the Site Services.
If any provision of a document the Site Usage Policy is contrary to the requirements of the laws or upon their amendment becomes contrary, or is invalid due to other reasons, it shall not affect validity of other provisions of the relevant document of the Site Usage Policy. In such case it will be immediately substituted by Surplus Aero with a legally effective provision, which in its merits should correspond to purpose of the invalid provision of the relevant document of the Site Usage Policy.
You shall not be entitled to assign (transfer) the Site Usage Policy and (or) your rights and obligations arising out of or in connection to it without prior written and explicit consent of Surplus Aero. However, Surplus Aero shall be entitled to assign (transfer) without your additional consent (this provision shall be deemed as your sufficient consent) any rights and obligations under the Site Usage Policy documents to an entity merging (consolidating) with Surplus Aero or purchasing substantially all assets or stock of Surplus Aero In case of such assignment the terms of the Site Usage Policy will be binding upon assignees. Any of unauthorised assignment shall be null and void and constitute a breach of this Site Usage Policy.
If you wish to report a violation of the Site Usage Policy, have any question or need assistance regarding the Site Usage Policy, please contact Surplus Aero as follows:
This Site is administered by Surplus Aero. Surplus Aero recognises the importance of protecting your privacy.
Surplus Aero is responsible for, and is the Data Controller of your personal information that it receives through any of the Site.
All Personal Information are processed in accordance with the General Data Protection Regulation (EU) 2016/679, Law on the Legal Protection of Personal Data of the United Kingdom and other legal acts.
Failure to provide Surplus Aero with the Personal Information required will negatively affect Surplus Aero’s ability to communicate with you, and ability to provide you with Site Services as well as to conclude contractual relationship between you and Surplus Aero.
COLLECTION OF PERSONAL INFORMATION
When you voluntarily create an Account and acquire the status of the Registered User, register Items, purchase Items, submit inquiry, submit contact form, submit RFQs or use any other services provided on respective Site, Surplus Aero may collect and store the following Personal Information (if the Registered User submits such data):
Your first name and last name, company name, email address, phone/fax number, physical contact information, IP address and other personal information that identifies you;
For issuance and acceptance of invoices as well as for purchase of the Site Services (if such Site Services are available on respective Site), financial information, such as credit card or bank account numbers and other financial information you provide. By using any of the Sites, you acknowledge and agree that internet transmissions are never completely private or secure;
information about device that you use to connect to any of the Sites (for example, computer, notebook, mobile phone etc.) for proper functioning of respective Site and administration;
other information from your interaction with respective Site, the Site Services available on respective Site, content and advertising, including discussions, chats, requests, correspondence through respective Site, if any, correspondence sent to Surplus Aero’s device ID, connection information, statistics on page views, time spent on page, traffic to and from respective Site, standard web log information;
the Account’s password;
transactional information based on your activities on respective Site, the Site Services available on respective Site including but not limited to selling, purchasing, and any other content you generate or that relates to your Account;
additional information from you or about you in other ways not specifically described here (for example, information related to your contacts with Surplus Aero, storing results when respond to a survey, read or not the email message, clicked or not links etc.);
any other information you provide or you are required to provide on respective Site, including but not limited to the ability to receive promotional offers from Surplus Aero
Surplus Aero reserves the right at any time in the future to include other optional requests for information from the Users to tailor any of the Sites and deliver personalised information to the Users.
The Registered User may check, review and amend most of his/her Personal information provided on respective Site by signing on to his/her Account and using setting on the Site (if available) unless in particular case it is stated otherwise.
MARKETING AND ONLINE SURVEYS
Surplus Aero does not make Personal Information available to third parties for their use and also does not sell the data to third parties for their marketing purposes without Users’ explicit consent.
Upon your explicit consent, your email address may be used to receive marketing communications about respective Site, available Site Services, current promotions, newsletters, advertising and other.
Whenever User receives a marketing e-mail (i.e. any marketing communication about respective Site, available Site Services, current promotions, newsletters and other) from Surplus Aero, User will generally be provided with an automated way to opt out (unsubscribe) from that particular communication or from all marketing e-mails sent by Surplus Aero. In this regard, Users should follow the instructions on the email which they receive to opt out. Once the User unsubscribes he/she will not receive any marketing communication from Surplus Aero unless User express its explicit consent.
You may not opt out of receiving administrative communications from Surplus Aero regarding respective Site you use and the Site Services available on respective Site. In addition, you may not opt out of Surplus Aero sending you legal notices related to respective Site you use and the Site Services on respective Site.
Surplus Aero may conduct you surveys to collect information about your preferences. These surveys are optional and if you choose to respond, your responses shall be kept anonymous, unless in particular case it is stated otherwise.
USAGE OF PERSONAL INFORMATION
The main purpose for collecting Personal Information is to provide Users with safe, smooth, efficient and customised services on the Site as well as Surplus Aero may use your Personal Information to:
provide the Site Services available on respective Site and User support if requested;
create and manage your Account;
collect fees, process payments for purchases or other services (if available on respective Site);
develop and deliver products and/or services upon Users request (if available on respective Site);
offer other products and services;
resolve troubleshooting problems;
improve the Site Services to meet the needs and the preferences of the Users;
prevent, detect and investigate potentially prohibited or illegal activities on respective Site;
customise, measure and improve Site Services, content and advertising;
fulfil legal and regulatory requirements;
inform about the Site Services upon your explicit consent deliver targeted marketing and service updates;
DISCLOSURE OF PERSONAL INFORMATION
Surplus Aero shall not disclose your Personal Information to any third party without your prior consent or respective legal grounds unless otherwise stated herein. Surplus Aero may disclose your Personal Information to respond to legal requirements, enforce its policies, reply to provided claims or other content, that violates the rights of other third parties or protect anyone’s rights, property or safety. Such information will be disclosed in accordance with applicable laws and regulations.
Surplus Aero may share your Personal Information, including Registered User’s content, with:
third party contractors and/or partners who work on behalf of or with Surplus Aero to provide you with Site Services, to help Surplus Aero to communicate with you or to maintain any of the Sites;
other service providers under contracts concluded with Surplus Aero, who help with Surplus Aero’s business, Site Services or operations of respective Site;
other third parties to whom you explicitly ask us to send your Personal Information;
the parent company of Surplus Aero Ltd, its affiliates or associated companies, any subsidiaries, joint ventures, officers, employees, agents, licensors, business partners;
law enforcement authorities or government agencies or for other regulatory purposes.
Surplus Aero through any of the Sites and Site Services is providing global services to its Users. Therefore, your personal information may be accessed by our staff, agents or contractors from a country outside the European Economic Area (EEA) for any of the purposes set out, in which data protection laws may be of a lower standard than in the EEA. However, Surplus Aero will ensure that any of your information that is accessible outside the EEA is handled subject to appropriate safeguards.
Your personal data may be made available to other affiliated companies outside the EEA (in the following countries: Afghanistan, Angola, Argentina, Armenia, Australia, Bahrain, Bangladesh, Belarus, Bhutan, Bolivia, Botswana, Canada, Cape Verde, Chad, Chile, China, Colombia, Croatia, Ecuador, Ethiopia, Fiji, Gibraltar, Iceland, India, Indonesia, Islamic Republic of Iran, Israel, Japan, Jordan, Kazakhstan, Kenya, Kyrgyzstan, , Republic of Korea, Lebanon, Libyan Arab Jamahiriya, Luxembourg, Malaysia, Maldives, Marshall Islands, Mexico, Myanmar, Moldova, Republic of Morocco, Nepal, Nigeria, Pakistan, Panama, Peru, Philippines, Russian Federation, Saudi Arabia, Serbia, Singapore, South Africa, South Sudan, Sudan, Switzerland, Tajikistan, United Republic of Tanzania, Thailand, Tunisia, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States, Venezuela, Viet Nam.]. Surplus Aero will take reasonable measures to ensure that the recipients of the data handle your data in accordance with the mandatory legal requirements (including, if necessary, the conclusion of data transmission agreements in accordance with the standard data protection conditions approved by the European Commission.
PROTECTION OF PERSONAL INFORMATION
Surplus Aero is committed to protecting our Users’ Personal Information. Your password protects your User account, so you should use a unique and strong password, limit access to your computer and browser, and log out after having used the Site Services.
Surplus Aero is using reasonable and adequate administrative, physical, technical and procedural measures and methods to safeguard Personal Information in our possession against loss, theft, and unauthorised use, misuse, illegal disclosure, modification and destruction.
Please note that, although we make reasonable efforts to protect your Personal Information, with current technology, Surplus Aero cannot and does not guarantee the security of your Personal Information as well as any other information that is delivered, received or otherwise used through any of the Sites and Site Services as it is delivered or collected using the internet, which means that such information may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, Surplus Aero cannot guarantee the absolute security of your personal information.
For more information about cookies and how to stop cookies being installed visit the following website: http://www.allaboutcookies.org.
Surplus Aero does not control privacy policies of third parties and you are subject to the privacy policies of those third parties where they are applicable.
Surplus Aero s not responsible for privacy policies or the content of any other websites to which any of the Sites links or which link to any of the Sites. By clicking on a link, logo or the other item, or using certain services available on respective Site, including the online communication services, please note that you may no longer be on respective Site.
TERMS OF STORAGE OF PERSONAL INFORMATION
Surplus Aero will store User’s Personal Information from the moment such information becomes available to Surplus Aero
Any Personal Information gathered by Surplus Aero or intentionally disclosed by User to Surplus Aero for the purposes of provision of respective Site Services will be held during the duration of the contractual relationship and up to 15 years after.
In all cases Personal Information may be held for longer or shorter time period in order to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce rights under the Site Usage Policy and take all and any other necessary actions permitted by applicable laws.
Surplus Aero does not knowingly collect information from children under the age of 16 and does not target its websites to children under Surplus Aero encourages parents and guardians to take an active role in their children’s online activities and interests. If Surplus Aero learns that a child under the age of 16 has submitted Personal Information on Site without parental consent, Surplus Aero will take all reasonable steps to delete such information from our databases and not to use such information for any purpose (except where necessary to protect the safety of the child or others as required or as allowed by law). If you become aware of any Personal Information we have collected from children under 16, please contact us at info@SurplusAero.com.
With respect to your Personal Information you have the following rights:
to access to your Personal Information;
to require to erase your Personal Information (right to be forgotten);
to require to rectify inaccurate or incomplete Personal Information;
to restrict processing your Personal Information;
to request to transfer your Personal Information to other third party;
in case your Personal Information is processed under your consent you have a right at any time to cancel your consent you gave to Surplus Aero.
For the purpose to fulfil your request and enforce your rights you must provide Surplus Aero with the following documents:
a signed request;
a copy of your passport or national ID, so that we can verify your identity;
a signed authority from any third party whose data you request on their behalf.
If you are unsatisfied with the reply received from Surplus Aero or you deem your Personal Information is being processed unlawfully, you may refer your complaint to the Information Commissioner’s Office of the United Kingdom and submit a complaint thereon.
The rules applicable with respect to the issues of an applicable law and dispute resolution are indicated in the Site Usage Policy.
Email: info@ SurplusAero.com
This Cookies Policy is effective as of 11 06 2020.
WHAT IS A COOKIE?
A cookie is a small text file that with unique identification number which is transferred from this Site to User's computer's or mobile device’s hard drive. Almost every Site uses cookie technology. The cookie is downloaded by your web browser the first time you visit a Site. The next time you visit this Site from the same device, the cookie and the information in it are either sent back to the originating Site (first-party cookies) or to another Site to which it belongs (third-party cookies). By that, the Site can detect that it has already been opened using this browser, and in some cases it will then vary the content it shows.
Some cookies are extremely useful because they can improve your experience when you return to the Site. This assumes that you are using the same device and the same browser as before; if so, cookies will remember your preferences, will know how you use the Site, and will adapt the content you are shown so that it is more relevant to your personal interests and needs.
WHAT ABOUT YOUR CONSENT?
Surplus Aero uses other type of cookies also known as performance cookies, functional cookies, marketing cookies. However, because these cookies are not strictly necessary for the use of our Site, we require your consent to use them.
WHAT CATEGORIES OF COOKIES SURPLUS AERO USES?
Based on what function cookies have and the purpose for which cookies are used, there are five categories of cookie used by Surplus Aero: strictly necessary cookies, performance cookies, functional cookies, third-party cookies and marketing cookies.
Strictly necessary cookies
Are essential in order to enable you to move around the Site and use Site Services. Without these cookies, some Site Services cannot be provided – for example, remembering previous actions (e.g. entered text) when navigating back to a page in the same session.
Gather information about how a Site is used – for example, which pages a User opens most often, and whether the User receives error messages from some pages. These cookies do not save information that would allow the User to be identified. The collected information is aggregated, and therefore anonymous. These cookies are used exclusively to improve the performance of the Site and Site Services, and with it the User experience.
Enable a Site to save information which has already been entered (such as User names, languages choices, and your location), so that it can offer you improved and more personalised functions. For example, a Site can offer you local, location-relevant product information if it uses a cookie to remember the region in which you are currently located. Functional cookies are also used to enable features you request such as playing videos. These cookies collect anonymous information and cannot track your movements on other Sites.
Third party cookies
For instructions on how opt out of Google Analytics, please visit: Google Ads Settings.
Are used to deliver adverts and other communications more relevant to you and your interests. They are also used to limit the number of times you see an advertisement and to help measure the effectiveness of advertising campaigns. They remember whether you have visited the Site or not, and this information can be shared with other organisations such as advertisers.
HOW LONG WILL COOKIES REMAIN ON YOUR COMPUTER OR MOBILE DEVICE?
Basically, we use two types of cookies:
Session cookies: the file is only stored while you're on the Site. Once your browser is shut the cookies are deleted.
Persistent cookies: these last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 90 days and two years from the date they are downloaded to your computer or mobile device. See the section below on how to control cookies for more information on removing them before they expire.
OUR TYPES OF COOKIES
Cookie The purpose of data management Necessity The moment of creation The period of validity The data used Additional information
PHPSESSID The Cookie is designed to realise the functionality of the Site. Session Cookie. Required. First entering the Site. Until the browser window is closed. Stores the User's session - unique identifier.
_utma These Cookies are used to collect the statistical information about the Site traffic. The resulting data is used to prepare the reports and to improve the Site. Tracking Cookies. Optional, without these Cookies system would work. However, these Cookies are recommended. Entering the Site. 2 years from creation/update. Determines which domain to measure. Google Analytics - Cookies are used to collect information about how visitors use the Site. This uses the system developed by Google that is used on the majority of websites. Important - Google Analytics do not store any personal information about the Site Users.
_utmb 30 minutes from creation/update. Determines new sessions/visits.
_utmc Until the browser window is closed. Sets for interoperability with urchin.js.
_utmt 10 minutes. Throttles request rate.
_utmz 6 months from creation/update. Stores the traffic or campaign that explains how the User reached the Site.
_ga 2 years. Distinguishes Users.
_gat 10 minutes. Throttles request rate.
20551501 Until the browser window is closed. Protects character “w”, it is not personal information. Used to collect information about how Visitors use the Site.
amber This Cookie is used to ensure that the User does not appear in the same promotional information. Entering the Site. 100 hours. Records Surplus Aero Amber.
lang The Cookie is used to save the Site language chosen by the User. Language Cookie. System might not work correctly if this Cookie is not set. Keeps information about in which language User navigates on the Site. Entering the Site or choosing the other Site language. Until the browser window is closed. Uses the choice of the Site language.
_atuvs AddThis Session Cookie. Required. First entering the Site. 2 years. Stores the User‘s session – unique identifier.
city User location Session Cookie. Required. First entering the Site 1 year. Stores the User‘s session – unique identifier.
HOW TO CONTROL COOKIES?
You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your User experience, and parts of our Site and Site Services may no longer be fully accessible.
Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser's “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as: www.allaboutcookies.org.
If you have any questions or need further information about our cookie practices, please contact us at: info@SurplusAero.com.