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Terms & Conditions

  1. Definitions
    • “CAPA is the trading name of ‘CAPA – Centre for Aviation’, and all references to CAPA in these Terms are to ‘CAPA – Centre for Aviation’.
    • “CAPA Product(s) means the data products and information services delivered in various format and channels including but not limited to an online user interface, website, emails, screenshots, Excel spreadsheets, PowerPoint presentations, Word document, PDF document, any information made available on FTP servers or other secure online locations, RSS feeds, application program interface (API) or other automated means, online reference services and software tools including all components thereof licenced by or on behalf of CAPA.
    • “The Customer means the legal entity identified on the Order Form.
    • “Licenced User(s) means a named employee of The Customer who is authorised to access and use the material in accordance with these Terms, the permitted purpose and any special conditions set forth in the applicable Order Form. A Licensed User may only include permanent employees of The Customer and must be registered with a corporate email address belonging to The Customer. Contractors, agents, subsidiary companies or companies with a name varying from The Customer are not Licensed Users.
    • “Order Form means the CAPA Order Form which details CAPA Product(s) that have been purchased by The Customer and the amount of each CAPA Product which has been purchased. The Order Form also provides a US dollar value which is due from The Customer to CAPA and will form the basis for an invoice Issued by CAPA to The Customer for payment.
    • “Terms means this document and the agreed rules contained within it.
  2. General
    1. Order Forms identify the entire relationship between CAPA and The Customer, including the CAPA Product(s) which The Customer has ordered, fees due and any specific terms outside of these Terms. These Terms may be amended on the Order Form; in such case the amended provisions on the Order Form shall override the Terms.
    2. Unless specifically authorised via an Order Form, the Licence Type granted under these Terms does not extend to any of The Customer’s affiliates without written consent from CAPA.
  3. Licence
    1. If all Terms are met and payments due received, CAPA provides The Customer and its Licenced User(s) access to CAPA Product(s) specified in the Order Form. CAPA Product(s) and their data may be used for the permitted purposes only and are always subject to and in accordance with these Terms. No other use is permitted.
    2. The Licence Type is based on a per user licence as specified in the Order Form.
    3. Subject to the above, The Customer may view, search and display CAPA Products on a screen for The Customer’s own personal non-commercial use and print or download and store in a machine-readable format a single copy of licenced material. No other use is permitted.
    4. Online resources, publications and emails received from CAPA cannot be forwarded without written consent from CAPA.
    5. Republishing of any CAPA Products is not permitted on The Customer’s intra- or internet sites without an appropriate CAPA Product included in the Order Form.
    6. The Customer agrees and is forbidden without written consent from CAPA to undertake any of the following;
      1. To create derived materials, host services or resell or distribute to third parties.
      2. To lend, sell, resell, licence, sublicense, distribute, make available, rent or lease any CAPA Product or any part of the licenced material.
    7. All CAPA Products in any form are copyright. We ask that these Terms be respected, as all materials are provided in trust in electronic form. Where prior written consent is provided:
      1. Any CAPA Product and/or its data must reference CAPA as the source of information.
      2. The names, images and logos identifying CAPA or third parties and their products and services, are the proprietary marks of CAPA, and may be the proprietary marks of third parties. Any use made of these marks may be an infringement of right in those marks and CAPA reserves all rights of enforcement as necessary.
      3. The copyright, and other rights in some of the material appearing on or in any CAPA Products may belong to a third party. It is The Customer’s responsibility to obtain any licences or permissions that may be required to use such material and The Customer agrees to pay any costs or expenses incurred by CAPA which arise because of The Customer’s failure to obtain such licences or permissions.
  4. Fees
    1. The Customer must pay all fees due and agrees that access to the CAPA Products included on The Order Form are provided based on The Customer agreeing to pay all applicable fees.
    2. Licenced CAPA Products cannot be downgraded within the contract period specified in The Order Form.
    3. Invoiced charges are due thirty (30) calendar days from the invoice date. The Customer is responsible for providing payment within this timeframe and ensuring correct billing information is provided before the invoice is issued.
    4. Overdue Invoices may (a) incur a reasonable fee determined by CAPA for any overdue balance; (b) The Customer’s access to CAPA Products may in CAPA’s entire discretion be suspended or terminated; and (c) future renewals may be brought forward or payment terms reduced.
  5. CAPA Products
    1. Access & security
      1. Each Licenced User will be issued with a username and password (login) for the sole use of the named Licenced User, each username is unique to the Licenced User and may not be shared or transferred.
      2. Each username must be a corporate email address belonging to the named Licenced User, generic email address names [such as sales@, info@, syd@ etc.] will not be accepted.
      3. If CAPA reasonably believes a login is being used by more than one person or by anyone other than the Licenced User, it may immediately suspend access of The Customer or Licenced User or cancel a password.
    2. New Products, Changes & Discontinuation
      1. CAPA databases and other products are constantly being updated, potentially resulting in changes to the nature of the Product delivered. For this reason and for example, where legislation in any relevant jurisdiction requires amendment of the Product:
        1. CAPA may introduce, update, suspend or remove CAPA Products from time to time, without notice.
        2. If a CAPA Product is removed, CAPA may in its discretion choose to offer The Customer a refund of the unused portion or make an alternate product available.
    3. Availability
      1. CAPA will take all reasonable endeavours to ensure that all CAPA Products are available to The Customer and its Licenced Users excluding downtime for regular or emergency maintenance which shall be kept to a minimum.
    4. Use
      1. While every effort has been taken to ensure that all CAPA Products are free from viruses, no warranties are given that they are free from viruses and The Customer is responsible for ensuring that it has installed adequate virus checking software.
  6. Terms
    1. Suspension & Termination
      1. Except to the extent stated otherwise in an Order Form, each Order Form shall renew automatically for further periods of the term state in the Order Form (and if no term is stated then a period of twelve (12) months) unless either party provides the other party with no fewer than sixty (60) calendar days’ notice in advance of the expiry to cancel the renewal.
      2. Without prejudice CAPA may suspend or terminate The Customer’s access to any CAPA Product immediately without compensation if: (a) The Customer is in breach of these Terms; (b) The Customer fails to make payment for any CAPA Products on the Order Form by the due date; (c) The Customer becomes insolvent or bankrupt.
    2. Consequences of Termination
      1. On expiry, termination or cancellation for any reason, The Customer and all Licenced Users shall immediately cease using all CAPA Products and shall delete any downloaded materials and destroy any print copies of CAPA Products.
      2. This excludes any CAPA Products which The Customer is required to retain for legal or regulatory purposes, including the rules of a professional body. In each case only the CAPA Products legally required to be retained are permitted to be retained, and all other Terms must be abided by for the retained CAPA Products.
      3. Where 6.3.2 applies, The Customer will notify CAPA of any materials so retained.
  7. Warranties & limitations
    1. While every effort has been taken to ensure the accuracy of the information provide by CAPA and its employees in these pages, the contents of the site may reflect the opinions of the writers, they are personal to them and are naturally subject to change from time to time. It is The Customer’s responsibility to check the accuracy of relevant facts and opinions given on the site before entering into any commitment based upon them.
    2. CAPA cannot guarantee that The Customer’s use of the site will be free from error and/or uninterrupted. CAPA, its directors, its employees and its representatives exclude, in so far as it is legally possible, all liability and responsibility for any damages including, but not limited to, indirect or consequential damages, damages for loss of opportunity or change, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract, negligence or other tortious action, arising out of, or in connection with, any information on the site or any other internet sites or use thereof.
    3. While CAPA and its employees, and any other contributor to CAPA Products have used reasonable efforts to ensure that the information contained within The Products are correct and current at the time of its publication, it is The Customer’s responsibility to confirm its accuracy, reliability, suitability, currency and completeness for use for The Customer’s purpose. To the extent permitted by law, CAPA excludes all conditions, warranties, guarantees, terms and obligations expressed, implied or imposed by law or otherwise relating to the information contained within the CAPA Products, or The Customer’s use of it and will have no liability to The Customer, however arising and under any cause of action or theory of liability, in regard to any loss or damage (including indirect, special or consequential loss or damage, loss of profit or loss of business opportunity), arising out of or in connection with any CAPA Products or their use.
    4. Some CAPA Products include links to external websites. CAPA is not responsible for the content or security of these sites and disclaims all responsibility and liability in relation to information available on such sites accessed via CAPA Products.
    5. On some CAPA Products The Customer may be given the opportunity to enter into an agreement with a third party. CAPA is not liable in relation to any such agreements and takes no responsibility for any contract entered by The Customer with any third party.
  8. Verification & Audit
    1. Upon providing The Customer with reasonable prior written notice, CAPA shall have the right, either directly or through a third-party auditor and not more than once every twelve (12) months, to conduct an audit during The Customers normal business hours to verify that CAPA Products are being used in a manner consistent with the provision of these Terms and the Order Form.
    2. The Customer shall, within seven (7) days of a written request from CAPA provide (a) a list of all individuals who have access to CAPA Products; and (b) an explanation of how the CAPA Products are used by The Customer and its Licenced Users.
    3. Without prejudice to any other rights or remedies, if CAPA, determines that The Customer is using the CAPA Products in any manner inconsistent with these Terms, The Customer shall: (a) at CAPA’s option, immediately cease such inconsistent use and pay CAPA the additional fees sufficient to permit use; and (b) reimburse CAPA for the fees due for the unlicenced use of the CAPA Products and the cost of such audit.

CAPA - Centre for Aviation
ABN 900-6010-4556
Level 4, 88 Phillip Street
Sydney NSW 2000 Australia