Terms of use

Preamble

 

Registration to iFly Next GenerationTM implies the express and unreserved acceptance of these Terms and Conditions and excludes the application of any different or contrary provisions that may appear on commercial documents or on the Customer’s general terms of purchase.

In the event of ambiguity and/or contradiction between these Terms and Conditions and any other document appearing on the iFly Next GenerationTM website called “https://www.iflyinextgen.com”, these Terms and Conditions shall prevail.

Walt’Air Solutions SASU is the owner of the marketing rights on the iFly Next GenerationTM.

These Terms and Conditions apply to :

  • all orders received by Walt’Air Solutions SASU for the iFly Next GenerationTM, whether they come from training organizations.
  • free use periods, possibly granted by Walt’Air Solutions SASU to its prospects to enable them to familiarize themselves with the Software and the iFly Next GenerationTM.

The information given on the different pages of the site https://www.iflyinextgen.com, presentation, functionalities are only given as an indication, Walt’Air Solutions SASU being able to modify them at any time and without notice.

The Customer’s acceptance and the formation of the Contract are materialised by his electronic signature, concretised by the “validation click” during the validation of the online order form. This electronic signature has the value of a handwritten signature between the parties. This step is equivalent to the Customer acknowledging that he has fully understood and approves, without reservation, all of the Conditions indicated below. Except in the cases restrictively provided for in these Terms and Conditions, the order form signed electronically by the Customer, through the “validation click” when creating the account of the structure, is worth final order and can not be retracted. In these conditions, the company Walt’Air Solutions SASU invites the Customers who are connected on its site https://www.iflyinextgen.com to read carefully the General Conditions of Sale hereafter.

Please note that this document is provided as is in order to ease understanding of the terms applicable on iFly 3.0 Innovation, but has no legal value (only the French version is applicable by law). In case of ambiguity and / or inconsistency between these Terms and the french version, only the french version shall prevail.

 

Article 1 – Definitions

 

In the following, we will refer to :

Customer“: any individual or legal entity representing a training organization who has registered on the Site for a fee or free of charge to use the iFly Next GenerationTM in accordance with the General Conditions.

Contract”: means the contractual whole constituted by the Customer’s registration on the https://www.iflynextgen.com website with a view to using the iFly Next GenerationTM and his acceptance of these General Conditions.

Publisher“: the person, legal or physical, responsible for the publication and content of the Site.

iFly Next Generation SoftwareTM ” or “iFly NextGen” or “Software” or “iFly” or “iFly NG” or “NextGen”: software offered by Walt’Air Solutions SASU that can be used by Customers and its Users using Internet technology.

“Training organisation”: structure (company, association, company, etc.) providing training related to aeronautics in a general sense (practical and/or theoretical training).

Products“: all the services (immaterial) that it is possible to buy or to which it is possible to subscribe on the Site or directly with the company Walt’Air Solutions.

Site” or “Service” means the https://www.iflynextgen.com site and all of its pages or third party service offered by Walt’Air Solutions under these terms.

User“: the Internet user attached to a Customer using the Site or one of its Products.

 

Article 2 – Information required by the law of confidence in the digital economy, purpose of the site and designation of parties

 

This website is published by the company Walt’Air Formations SASU, with a capital of 1500 €, company registered at the RCS of Saint-Quentin in the SIREN directory under the number 813 698 875, APE 6201Z whose head office is located at rue du Poncelet, 02450 Fesmy le Sart – France.

Intracommunity VAT number: FR 69 813698875.

This site is hosted by o2switch, SARL with a capital of 100 000€, Siret 510 909 807 00024, 222 Bd Gustave Flaubert, 63000 Clermont-Ferrand.

The application servers and the storage of all the data of the Software are hosted by DigitalOcean, 101 Avenue of the Americas, 10th Floor, New York, NY10013, in the datacenter in France.

The purpose of this Site is determined as “online sales”.

The site is freely accessible to all Internet users. The acquisition of a service, or the request for the creation of a “Training Organization” space or the creation of a member space, or more generally the navigation on the site https://www.iflyinextgen.com supposes the acceptance, by the Internet user, of the entirety of the present general conditions, which recognizes by the same fact to have taken fully knowledge of it. This acceptance will consist, for the Customer, in checking the box corresponding to the sentence of acceptance of the present general conditions at the time of the order, having for example the mention “I have read and accept the conditions of use”. The fact of ticking this box will be deemed to have the same value as a handwritten signature by the Customer. The Customer acknowledges the value of proof of the automatic recording systems of the Editor of the present site and, unless he/she can provide proof to the contrary, he/she waives the right to contest them in the event of a dispute. The acceptance of these general conditions supposes that the user has the legal capacity to do so. If they are minors, they declare that they have the authorization of a tutor or guardian or of their legal representative. The applicable conditions will be those in force at the date of subscription of the Customer and his Users to the service offered by the Site. The Publisher reserves the right to modify its General Conditions at any time.

 

Article 3 – Characteristics of the Services offered

 

The services and products offered are those listed on the https://www.iflyinextgen.com website.

The Editor provides its Customers with a service for access to an online software for the follow-up of aeronautical trainings: iFly Next GenerationTM.

The use of the iFly Next GenerationTM is possible after the Customer has filled in the request to open his space via a link communicated by the Editor who will check the data provided by the Customer and validate the registration.

The software may be modified as a result of improvements or updates without prior notice to the Clients.

It is expressly specified that the Editor provides a software but can in no way substitute itself to any function of the Client company. The advices that the Editor delivers are only given for the use of the Software and in no case for the organization or the management of its Customers.

The photographs, screenshots or any other elements reflect a faithful image of the software and services offered but are not contractual insofar as they cannot ensure a perfect similarity or that the Service may undergo changes.

The assistance service of this site is accessible by e-mail at the following address: contact@iflynextgen.com or by post at the following address: rue du Poncelet, 02450 Fesmy le Sart – France, in which case the Editor undertakes to provide an answer within 7 days.

 

Article 4 – Rates

 

The prices of the services are indicated on the online order form available upon request by the Client and are exclusive of tax (HT), in euros, without taking into account the VAT applicable on the day of the order.

The Publisher reserves the right to pass on any change in the VAT rate to the price of the Products or Services.

The publisher also reserves the right to modify its prices at any time. Nevertheless, the price appearing on the order form on the day of the order will be the only one applicable to new Customers.

In the event of a change in Tariffs, the new Tariff will be applicable, for current or new Customers.

 

4.1 – Detail of tariffs

All orders are subject to a purchase order and include:

  • A fixed price applicable: the opening of an account is subject to a fixed price applicable at the opening. The Service corresponds to the creation of a Training Organisation space.
  • Use of the Service(s): The Customer will be charged for the use of the Service(s) by its users.

The billing conditions are detailed and chosen by the Customer at the time of ordering and all products and services are detailed on the online order form.

  • Follow-up of the training courses: there are three types of invoicing according to the training courses followed:
  • Training for the pilot’s basic licence: invoicing is unique and per training course from the moment a student pilot registers for a training course. The following are concerned by “basic training” (non-exhaustive list): training for the Light Aircraft Pilot License (LAPL), Private Pilot License (PPL), Touring Motor Glider (TMG) and all private licenses (ULM, glider, helicopter, balloon, hang glider, etc…) The monitoring of progress for a theoretical training to a “basic training” falls within the same billing framework. Invoicing is established once and for all as soon as a student pilot registers for training. If the student pilot withdraws, the Client may not claim any reimbursement in proportion to the progress of the training of the student pilot concerned. The renewal and extension of a license for a basic training are considered as basic training.
  • Advanced training : The invoicing is unique for a practical advanced training or a theoretical advanced training. The following are considered as “advanced training” (non-exhaustive list): practical and theoretical training: night flying, aerobatics, machine release, mountain, site qualification, any Competency Level Declaration (CLD), Retractable Undercarriage (RU), Variable Pitch (VP), Tail Wheel (TW), Electronic Flight Instrument System (EFIS), Flight Management System (FMS), Flight Instructor (FI), Commercial Pilot License (CPL), Instrument Rating (IR), En Route Instrument Rating (EIR), Competency Based Training Instrument Rating (CB-IR), Multi Engine (ME), Multi Crew Coordination (MCC), Type Rating (QT), Class Rating (QC), Global Navigation Satellite System (GNSS), Crew Resource Management (CRM) and any other practical or theoretical training that provides an increase in level and/or qualification and/or competence after basic training.
  • Airline Transport Pilot Licence (ATPL) training or other training courses including various qualifications and/or pilot licences known as “advanced training”.
  • Getting to grips with the software: one day’s invoicing.
  • Optional: Data implementation: the implementation of trainings, devices, students or any other request from the Customer will be charged at a flat rate depending on the volume to be implemented.

 

Article 5 – Customer and User Area

 

The Customer registered to the site, has the possibility of accessing it by connecting thanks to his identifiers (e-mail address defined during his registration and password). The Customer is entirely responsible for the protection of the password he has chosen. He is encouraged to use complex passwords. If the Customer forgets his password, he can generate a new one. This password guarantees the confidentiality of the information contained in the “my account” section and the “Training Organisation” section and the Customer is therefore prohibited from transmitting it, communicating it to a third party or allowing access to another Internet user other than himself. The Editor reserves the right to exclude without notice or compensation, the Customer or one of its Users if the points mentioned above have not been respected.

Otherwise, the Site cannot be held responsible for unauthorized access to a user’s account.

The Editor has put in place constraints on the characteristics of the password in order to raise the level of security.

The creation of a personal space is an essential prerequisite to any subscription or contribution by the Customer on this site. To this end, the Customer will be asked to provide a certain amount of personal information. The Customer undertakes to provide accurate information.

The purpose of collecting data is to create a “member account”. This account allows the Customer to consult the Products subscribed to on the site and the subscriptions held by the Customer. If the data contained in the “my account” or “training organisation” section were to disappear following a technical breakdown or a case of force majeure, the Site and its Publisher shall not be held liable, as this information has no evidential value but only an informative character. The pages relating to the Users’ accounts are freely printable by the holder of the account in question but do not constitute any proof, they are only of an informative nature intended to ensure an effective management of the subscriptions and possible contributions of the member.

The above conditions also apply to Users.

The Editor reserves the exclusive right to delete the account of any User or Customer who has violated these terms and conditions (including, but not limited to, when the member has knowingly provided false information when registering and/or creating his personal space. The said deletion shall not constitute damage for the excluded User or Customer who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility, for the Editor, to undertake legal proceedings against the User or Customer, when the facts justify it.

In addition, an Organization space not used by the Customer for a period of more than 2 months will be charged at the flat rate specified on the online order form.

 

Article 6 – Exemption from the Publisher’s liability in the performance of this contract

 

In the event of impossibility of access to the Site, due to technical problems or of any nature, the User or Customer may not claim any damage and may not claim any compensation. The unavailability, even prolonged and without any limitative duration, of one or several products and/or services, cannot be constitutive of a prejudice for the Internet users and cannot in any way give rise to the granting of damages on behalf of the Site or its Editor. The photographs and visuals of the products presented on the Site have no contractual character, the responsibility of the Editor of the present site could not be committed if the characteristics of the objects differ from the visuals present on the Site or if the latter are erroneous or incomplete.

The hypertext links present on the present Site may refer to other Internet sites and the responsibility of the Editor of the present Site could not be committed if the contents of these sites contravene the legislations in force. Similarly, the responsibility of the Editor of the present Site could not be committed if the visit, by the User or Customer, of one of these sites, caused him a damage.

 

Article 7 – Geographical limitation of use

 

The use of the site’s services is worldwide.

 

Article 8 – Intellectual property rights relating to the elements published on this site

 

All the elements of this website belong to the publishing company, Walt’Air Solutions SASU. Any copy of the textual, pictographic or video contents, without this enumeration being restrictive, is strictly forbidden and is similar to counterfeiting. Any member who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute him a damage, without reserve of possible later legal proceedings against him, at the initiative of the editor of the present Site or his agent.

Internet users are offered the opportunity to contribute to the content of this site, for example by posting comments on social networks.

The contributors are informed that the Website Editor, represented if necessary by the moderators, may choose to publish the contribution of the comment in question on the newsletters of this Website and on the websites of all its partners, on the condition that the editor mentions the pseudonym of the author of the contribution. The contributor therefore waives his rights on the content of the contributions, to the benefit of the Website Editor, for any dissemination or use, even commercial, on the Internet, this, of course, always in respect of the authorship of the contribution.

 

Article 9 – Trademark

 

The trademark and logo of the Software contained in the site https://www.iflynextgen.com belong to Mr DUBOIS Walter, designer of the software. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns, without prior written authorization of the software designer, incurs the sanctions envisaged in articles L.713-2 and following of the Code of the intellectual property.

 

Article 10 – Limitation of liability

 

The Website Editor, particularly in the process, is only bound by an obligation of means; its responsibility cannot be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the Service or others.

The Editor cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of an event of force majeure and in particular in case of total or partial strike of external services or disasters caused by floods or fires. Regarding the products purchased, the Editor will not be liable for any indirect damage due to the present, operating loss, loss of profit, damage or expenses that may arise. The choice and the subscription to a Product are under the sole responsibility of the Customer.

The Customer expressly admits using the Site https://www.iflynextgen.com at his own risk and under his exclusive responsibility. The Site provides the Clients with information as an indication, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any case, the Editor can in no way be held responsible:

  • any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, loss of data, etc., which may result from the use of the site https://www.iflynextgen.com, or on the contrary from the impossibility of its use
  • a malfunction, unavailability of access, misuse, poor configuration of the user’s computer, or the use of a browser little used by the User
  • the content of advertisements and other external links or sources accessible by the User from the https://www.iflynextgen.com website

The Publisher reserves the right to stop marketing the Software. The Customer will be notified by any means and will continue to have access to the software for the duration of the subscription to which it has subscribed or will have at least one month’s notice before access to the software is permanently discontinued.

The Customer shall take, within this period, all the necessary measures to safeguard its data and those of its Users. The cessation of the marketing of a Product or Service by the Publisher shall not give rise to any compensation or reparation whatsoever on the part of the Publisher to the Customer.

 

Article 11 – Use of Cookies

 

A “Cookie” allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The https://www.iflynextgen.com website is likely to use “cookies” mainly to

  • obtain navigation statistics in order to improve the User’s experience,
  • allow access to a member’s account and content that is not accessible without logging in.

The Customer and his Users acknowledge being informed of this practice and authorize the Website Editor to use it.

The Site undertakes never to communicate the content of these “Cookies” to third parties, except in the event of legal requisition. The Client and its Users may refuse the recording of “Cookies” or configure their browser to be warned before accepting “Cookies”.

To do this, the Client and its Users will find the settings for their browser on these pages:

and any other similar system on other possible browsers.

 

Article 12 – Conditions of access to the solution

 

This Site provides the Customer with a solution on the Publisher’s servers, accessible via the Internet.

The different solution programs offered and the corresponding conditions are presented on the order form.

The site carries out the backup, the security of the data.

The Site grants the Client and its Users a personal, non-exclusive, non-assignable and non-transferable right to use the solutions and the online documentation, for the entire duration of the contract and for the entire world.

The Customer and its Users may only use the application services and solutions in accordance with their needs and their documentation. In particular, the license for the solutions is granted for the sole and exclusive purpose of allowing the Customer to use the services, to the exclusion of any other purpose.

The right of use means the right to represent and implement the application services in accordance with their purpose, in SaaS mode (Software as a Service) via a connection to an electronic communications network. The Customer and its Users may not under any circumstances make the solutions available to a third party, and are strictly forbidden from any other use, in particular any adaptation, modification, translation, arrangement, distribution, decompilation, without this list being exhaustive.

If the Site sets up a minimum subscription commitment for some of its offers, this will be clearly and distinctly stated on the Site’s offer page.

 

Article 13 – Access to the site

 

The https://www.iflynextgen.com website is accessible 24 hours a day, 7 days a week, except during service interruptions caused by software updates or if updates are being made to the servers by the hosting company. Interruptions due to software updates will be carried out taking into account as best as possible the peaks of use of the software by the Clients, but cannot exclude an interruption at other times than those. Prior information will be sent to the Clients. The updates from the host will be notified to the Customers only for those planned and for which Walt’Air Solutions has been informed beforehand.

The responsibility of the Editor cannot be engaged because of a technical unavailability of the connection, that it is due in particular to a case of absolute necessity, to a maintenance, to an update, to a modification of the site, to an intervention of the host, to an internal or external strike, to a breakdown of network, to a cut of electric supply, or still to a bad configuration or use of the user’s computer.

The Website is optimized for Chrome and Firefox browsers on computers, tablets and smartphones and the Publisher recommends to the Users to maintain/purge the caches of their browser(s) as often as possible.

The Editor reserves the right to refuse the presence, on its servers, of files imported by Customers and/or Users that would be considered technically non-conforming to the servers or damaging to their performance.

 

Article 14 – How to subscribe to the service and description of the purchase process

 

The use of iFly Next GenerationTM is possible after the Customer has validated his order online and signed it.

The Client is required to fill in the fields of an order form beforehand by providing a certain amount of data from his Training Organisation and personal data concerning him, which is necessary for the proper processing of his registration. The Client must tick the box relating to the ratification of these General Conditions and click on the validation button on the online order form.

Once the Customer has validated this order form, a waiting message will be displayed and after a few moments the Customer will receive an order confirmation e-mail.

The Publisher will check the data provided by the Customer during the subscription request and will validate the registration after having received a lump sum payment for the opening of a space dedicated to the training organization and the training day. The Customer will be notified by email and will be able to start using the software and opening the service for its Users. The Publisher reserves the right to refuse a Customer’s request to subscribe to the Products and Services without giving any justification.

The prices indicated on the order form are understood to be in Euros, excluding tax. These prices can be modified at any time by the publishing company, it is up to the Client to check the conformity of the price when requesting registration.

The iFly Next GenerationTM is composed of :

  • a flat rate for access to the service when a space is opened

and

  • a billing of the Customer’s Users.

The Editor provides a software which is a monitoring tool for aeronautical training.

It will be up to the Client to integrate its own training programs and its own content related to its operation, and to manage its space.

The Editor is in no way responsible for the contents integrated by the Customer.

Only the Customer is responsible for the complete content integrated in the software in order to use the services offered by the software.

 

Article 15 – Availability

 

The provision of the service (otherwise known as its delivery) requires a short delay. The Editor will check the data transmitted by the Customer. This delay will not exceed 7 days.

Any complaint not carried out in the rules defined in the dedicated section of the present General Conditions and within the time limits could not be taken into account and the company Walt’Air Solutions SASU from any responsibility towards the Customer. Upon receipt of a valid complaint, the company Walt’Air Solutions SASU will communicate by email, fax or telephone to the Customer the modalities of refund or modification of the order.

 

Article 16 – Duration of the License & User Agreement

 

16.1 – License

The “Licence” Contract takes effect on the day of receipt of the payment of the start-up fee and is valid until the Customer notifies us by registered letter with acknowledgement of receipt of his wish to stop using the Service.

 

16.2 – User

The “User” Contract is based on the number of users of the Customer and is invoiced as indicated on the order form.

The Client alone has the possibility of breaking the contract of one of its Users at any time, as it is the Client who organises the management of its Users in its Training Organisation. However, the Client can delegate certain roles linked to the profile of some Users by assigning authorizations in the profile of its members in order to be assisted in the tasks. These Users are under the sole responsibility of the Client.

 

Article 17 – Electronic digital signature

 

The use of the Software requires an electronic digital signature in order to guarantee the conformity of the lessons contained in the Client’s training courses with the User’s authentication.

 

Article 18 – Payment information

 

The different solutions proposed and their corresponding prices are presented on the order form. The latter specifies the method of payment adopted in agreement with the Customer. Whether billing is by the day, month, year, or set according to a level of use of resources, or any other access route specified on this order form.

When subscribing to a subscription or any other service, the Publisher issues an invoice to the Customer.

The Customer has the possibility to pay his invoices according to the following payment methods:

  • by cheque: made out in euros and drawn on a French bank. The cheque must be made out to Walt’Air Solutions SASU and sent to the following address Walt’Air Solutions SASU, rue du Poncelet 02450 FESMY LE SART – France.
  • by bank transfer: Walt’Air Solutions SASU will provide the Customer, on request, with a bank account number
  • by credit card via the billing area dedicated to the Customer.

All possible unpaid fees will be charged to the Customer.

All invoices issued by the Publisher are payable upon receipt. However, the Customer has a period of 30 calendar days to make his payment. After this period, the Publisher reserves the right to interrupt access to its Services and to delete all Customer data without notice.

The Customer will have to re-register again if necessary and the fixed price applicable to the opening of a space will be invoiced again, as well as the fixed price for one day of training.

An agreement between the Publisher and the Customer may be set up at the time of subscription, if specific offers are required.

In addition, the Publisher reserves the right to terminate the Agreement in accordance with the provisions of these Terms and Conditions.

Any invoice not paid on the due date shall automatically bear interest, without prior notice, at one and a half times the legal rate in force.

The Customer undertakes to inform the Publisher of any change in his postal and bank details or any other information necessary for the commercial relations between the Customer and the Publisher.

 

Article 19 – Account modification

 

The Client has the possibility of modifying the characteristics and information of his registration and that of his Training Organisation on line.

However, in the event of a change in the name of the training organisation, this will be considered as a new training organisation and, as a result, a new registration request will have to be made by the Client via the order form.

This means that he can :

  • change its information
  • manage the rights of its trainers and users

 

Article 20 – Modification Client: natural person

 

In the event of death, or any other reason making it impossible for the physical person representing the Customer to continue the management and organisation of the software for the Training Organisation to which he belongs/was belonging, the Training Organisation must, in this case, make known the new physical representative of the Training Organisation to Walt’Air Solutions SASU in order to make a change for the continuity of the services.

 

Article 21 – Closing an account

 

Each Customer of the site is free to close his account. To do this, the member must send an e-mail to contact@iflynextgen.com indicating that he wishes to delete his account.

However, the Customer who has an ongoing commitment will not be entitled to any refund.

The recovery of his data by the Customer is possible under the conditions specified in the section of these General Conditions concerning the return of data.

The Customer’s Users are managed exclusively by the Customer, which implies that the Publisher does not intervene in the management of the number of Users of the Customer.

 

Article 22 – Termination

 

In accordance with article L121-21-8 of the French Consumer Code, the Publisher providing access to an online tool, with initial and/or regular invoicing according to the terms specified in the section specifying the information relating to payment of these General Conditions, the Site is eligible for withdrawal, but this cannot lead to the reimbursement of the sum already paid for the period already elapsed. It will therefore be a termination, with cancellation of the contract and therefore of future payments. The acceptance of these conditions implies the acceptance of the loss of the legal right of withdrawal established in the aforementioned article.

In the event of a breach by one of the parties (Customer or Website Publisher) of its contractual obligations, the Contract may be terminated by operation of law by the other party after sending a letter of formal notice sent by registered mail with acknowledgement of receipt that has remained without effect. The formal notice shall indicate the default or defaults observed.

In the event of termination, the Site will inform the Client of the forthcoming termination of its subscription with the consequences for its Training Organisation and its Users, and the Client will cease to use all access codes to the solutions and application services.

The total or partial impossibility to use the Service, in particular because of incompatibility of the material, cannot give rise to any compensation, refund or questioning of the responsibility of the Publisher, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of retraction. In case of non availability of an order or part of an order, the Customer has six months maximum (from the date of access to the online service) to manifest himself. Beyond this period, no claim will be accepted.

 

Article 23 – Archiving

 

The Publisher shall archive the order forms (registration requests) and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

 

Article 24 – Return of data

 

In case of termination of the contractual relationship, whatever the cause, the Site undertakes to destroy within 30 days at the first request of the Customer made by registered letter with acknowledgment of receipt, all data belonging to him in his dedicated space.

The Customer will then have 30 days from the receipt of the first request by the Publisher to retrieve all related data in his dedicated space. After these 30 days, the Customer will no longer have access to the Services and his data will be deleted by the Publisher and the Customer will not have any recourse against the Publisher.

 

Article 25 – Reference

 

Unless otherwise agreed, the Publisher may use the Customer’s name in any document, electronic or otherwise, as a reference.

 

Article 26 – Miscellaneous clauses

 

The present General Conditions are subject to the application of French law. They may be modified at any time by the Website Editor or his representative. The General Conditions applicable to the Clients are those in force on the day of their subscription to a service on the present Site.

The site editor undertakes to keep the old versions of these General Conditions in case of evolution and to send them to any Customer who requests them.

Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions could, before any legal action, be submitted to the appreciation of the editor of the site with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for bringing legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal concerned.

If one of the clauses of these General Conditions is declared null and void by a court decision, this nullity shall not entail the nullity of all the other clauses, which shall continue to have effect.

 

Article 27 – Framework for conditions

 

If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms describe the entire agreement between the Customer and the Publisher. They supersede all prior or contemporaneous written or oral agreements. The Terms and Conditions are not assignable, transferable or sublicensable by the Customer or any other User.

A printed version of the General Conditions and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the General Conditions. The parties agree that all correspondence relating to these Terms and Conditions shall be in the French language.

 

Article 28 – Notifications

 

Any notification or notice concerning these General Conditions, the Legal Notices or the Personal Data Charter must be made in writing and must be delivered by hand, registered or certified mail, by Post or any other nationally recognized courier service that allows regular tracking of its packages, to the following address: rue du Poncelet, 02450 Fesmy le Sart – France or by e-mail to the address contact@iflynextgen.com, specifying your full name, contact details and the subject of the notice.

 

Article 29 – Misstatements

 

It may be possible that, in the whole of the Site and the services offered, and to a limited extent, there are inaccuracies or errors, or information that is not in accordance with the General Conditions, the Legal Notice or the Personal Data Charter. In addition, it is possible that unauthorized modifications are made by third parties on the Site or on related services (social networks …). We make every effort to ensure that this type of deviation is corrected.

In the event that we miss such a situation, please contact us at the following address: rue du Poncelet, 02450 Fesmy le Sart – France or by e-mail at contact@iflynextgen.com with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For copyright claims, please refer to the section of this document on intellectual property.

 

Article 30 – Complaints

 

Any claim related to the use of the Site, its services or any related services, the pages of the Site and on any social networks or the Terms and Conditions, Legal Notice or Privacy Policy must be filed within 365 days of the date the claim arose, regardless of any statute or law to the contrary. In the event that such claim is not filed within 365 days, such claim will be forever barred at law.

 

Article 31 – Data Protection Act

 

In accordance with the article 34 of the Data-processing law and freedoms the Customers and prospects having transmitted personal information to the company Walt’ Air Solutions SASU have a right of access, of correction, modification and suppression of the data which concern them.

All Customers and prospects can exercise this right by writing to the head office of Walt’Air Solutions SASU at this address: rue du Poncelet 02450 FESMY LE SART – France.

 

iFly Next Generation / Walt’Air Solutions – Janvier 2022