These General Terms and Conditions for the Use of the AviaCV.com Service (the General Terms and Conditions) govern the contractual relationship between the user of the AviaCV.com Website (the User) and AviaCV.com. “AviaCV.com” means the service as described below and/or the provider of this service, i.e. LLC Cloud Solutions (legal entity’s code 40207639, having its registered office at BUDINOK 18 B, KIEV, UKRAINE, data is collected and kept within the Register of Legal Entities of the Ukraine).
AviaCV.com mission is to connect the world’s aviation professionals to allow them to be more productive and successful. AviaCV.com Services (as described below) are designed to promote economic opportunity for the Users by enabling them to meet, exchange ideas, learn, and/or find opportunities, employees or employers, work, and/or make decisions in a network of trusted relationships.
The AviaCV.com service is rendered via website named www.AviaCV.com (the AviaCV.com Website). Thus, the General Terms and Conditions apply to AviaCV.com Website and other AviaCV.com-related sites, apps, communications and other services that state that they are offered under these General Terms and Conditions (the Services).
When a person registers and joins AviaCV.com, it becomes a User. By clicking “Sign Up”, “Join Now” or similar, registering, accessing or using the Services, the User is agreeing to enter into a legally binding contract with AviaCV.com (even if the User is using the Services on behalf of a company), i.e. into these General Terms and Conditions. If the User wishes to terminate this contract, at any time the User can do so by closing its account and no longer accessing or using the Services.
The collection, use and sharing of the User’s personal data is subject to the AviaCV.com Privacy Policy, AviaCV.com Cookie Policy and other documents referenced in the AviaCV.com Privacy Policy, and the updates of these documents.
AviaCV.com may modify these General Terms and Conditions, its Privacy Policy and its Cookie Policy from time to time. If AviaCV.com makes material changes to it, AviaCV.com will provide the User notice through the AviaCV.com Website, or by other means, to provide the User the opportunity to review the changes before they become effective. AviaCV.com agrees that changes cannot be retroactive. If the User objects to any changes, it may close the User’s account. The User’s continued use of the Services after AviaCV.com publishes or sends a notice about the respective changes to these terms means that the User is consenting to the updated terms.
USER ACCOUNT
The User may be one of the following three groups of persons:
a person who is looking for a new job or is interested in the new carrier opportunities (the Seeker); or
a person who is looking for a new employee (the Recruiter); or
a person who only is willing to have access to some features of AviaCV.com Website (the Visitor).
The Seeker in AviaCV.com is represented by the Seeker account with the following required data: first name, last name, e-mail address, phone number and password.
The Recruiter in AviaCV.com is represented by the Recruiter account with the following required data: direct employer/recruitment agency, company name, e-mail address, phone number and password.
The Visitor in AviaCV.com is represented by the Visitor account with the following required data: first name and last name or company name, e-mail address, phone number and password.
The User is account holder and agrees to: (1) try to choose a strong and secure password; (2) keep its password secure and confidential; (3) not transfer any part of its account (e.g., connections) and (4) follow the law and these General Terms and Conditions. The User is responsible for anything that happens through its account unless the User closes it or reports misuse.
The Services are not for use by anyone under the age of 18 (even if it is a representative of a legal entity) (the Minimum Age). However, if law requires that a person must be older in order for AviaCV.com to lawfully provide the Services to such a person without parental consent (including using of its personal data) then the Minimum Age is such older age.
To use the Services, the User agrees that: (1) it must be the Minimum Age or older; (2) it will only have one AviaCV.com account, which must be in its real name; and (3) it is not already restricted by AviaCV.com from using the Services. Creating an account with false information is a violation of these General Terms and Conditions, including accounts registered on behalf of others or persons under the age of 18.
SEEKER’S OPPORTUNITIES WHILE USING THE SEEKER’S ACCOUNT AND SERVICES
Curriculum Vitae (CV)
The Seeker in AviaCV.com has an opportunity to create the multiple CVs with the following data (* required fields):
Personal Data: name*, surname*, gender* (male/female), date of birth*, nationality, citizenship, height, weight, country of birth*, phone*, alt. phone, marital status, region*, e-mail address* and address.
Education & Employment Experience: institution, degree, date of education, current position at company (job role), company name, job role (position in the company), job role 2 (previous position in the company), knowledge of languages (selection of countries), written skills (1-10), spoken skills (1-10), ICAO (1-6), ICAO expiry (date).
Recommendations: company name, position, e-mail address, phone number.
Aircraft Type Experience (Multiple): aircraft type, logged hours as first officer, logged hours as pilot in command, logged hours as SFI/SFE, logged hours TRI, logged hours TRE, total logged hours.
Simulator Experience (Multiple): aircraft type, logged hours, last simulator, date of last simulator experience.
License and certificates: aircraft type, country of issue, expiry date, medical license expiry date.
Application for a New Job
The Seeker in AviaCV.com has an opportunity to apply for a new job with the uploaded files.
AviaCV.com CRM users create Seeker’s CV from:
the Seeker’s uploaded files; and
the public data found on various reliable social networks or personal contacts.
Subscriptions
The Seeker has an opportunity to subscribe to AviaCV.com newsletters, however, only after applying for a new job.
Subscriptions can be made only by filling the respective subscription form with the following data (*required fields): e-mail* and job role* (position interested in).
STORING AND SHARING
The personal information shared by the User in its own account, User’s CVs and subscriptions made are stored in:
AviaCV.com databases, which are monitored in the AviaCV.com mother company AB “Avia Solutions Group” IT infrastructure; and/or
Third part mailing services.
The Seeker’s files uploaded while applying for a new job are saved and stored in in the AviaCV.com mother company AB “Avia Solutions Group” servers.
The personal information shared by the User in its own account can be accessed (seen, copied and used for the Service provision) by:
AviaCV.com Administrators (except password). User’s personal data can be viewed on AviaCV.com web-based platform;
User (Seeker or respectively Recruiter) itself;
Recruiter, if and only if, the Seeker sent application to the Recruiter. The Seeker’s personal data is sent to the Recruiter via e-mail only after successful application. The Seeker’s personal data received by the Recruiter may be further used (copied and transferred to any third party) only for such Seeker’s recruitment purposes;
Recruiter, if and only if, the Recruiter wishes to use the Seekers ‘CV search’ service provided throughout the AviaCV.com Website without being acquainted with such Seekers’ personal data as name, surname and contact details.
The Seeker’s CV data and uploaded files are being duplicated to AviaCV.com CRM as CRM CV which can be accessed (seen, copied and used for the Service provision) by:
AviaCV.com employees (AviaCV.com CRM users) with equivalent responsibilities (View & CRM CV Edit): HR, HR admin, Admin, Data Miner, Data Miner Admin;
Seeker itself;
Recruiter (View), if and only if, the Seeker sent application to the Recruiter. Application with CV data (.pdf documents) is:
sent via e-mail;
sent via e-mail to Third Parties Services (‘BroadBean’, ‘LogicMelon’); or
seen on the Recruiter’s dashboard accessed in AviaCV.com.
Subscriptions’ data can be accessed by AviaCV.com employees responsible for mailing campaigns and AviaCV.com CRM users with any roles.
AviaCV.com is not obligated to publish any information or content on its Service and can remove it in its sole discretion, with or without notice.
AviaCV.COM RIGHTS AND LIMITS
Rights Granted
As between the User and AviaCV.com, only the User owns the content and information that it submits or posts to AviaCV.com, and the User is only granting AviaCV.com the following non-exclusive rights:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that the User provides through AviaCV.com and the services of others, without any further consent, notice and/or compensation to the User or others. These rights are limited in the following ways:
The User can end the use of such rights for specific content by deleting such content from AviaCV.com, or generally by closing the User’s account, except (a) to the extent the User shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
AviaCV.com shall get the User’s consent if AviaCV.com wants to give others the right to publish the User’s content beyond the Services.
AviaCV.com may edit and make only format changes to the User’s content (such as translating it, modifying the size, layout or file type or removing metadata), however, AviaCV.com may not modify the meaning of the User’s expression.
The right to access, store, process and use any information and personal data that the User provides in accordance with the terms of the Privacy Policy.
Service Availability
AviaCV.com may change or discontinue any of its Services. AviaCV.com does not promise to store or keep showing any information and content that the User has provided throughout AviaCV.com.
AviaCV.com is not a storage service. The User agrees that AviaCV.com has no obligation to store, maintain or provide the User a copy of any content or information that the User provides, except to the extent required by applicable law and as noted in AviaCV.com Privacy Policy.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the AviaCV.com Website. AviaCV.com shall nonetheless endeavor to keep AviaCV.com Website available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond AviaCV.com control (e.g. disruptions to public communications networks, power failures, etc.), may result in malfunctions of or temporary interruptions to the service provided on AviaCV.com Website.
Limits
AviaCV.com reserves the right to limit the User’s use of the Services. AviaCV.com reserves the right to restrict, suspend, or terminate the User’s account if AviaCV.com believes that the User may be in breach of these General Terms and Conditions or law or is misusing the Services (e.g., violating any of the obligations or policies).
Changes to Services
AviaCV.com reserves the right to modify the Services offered on the AviaCV.com Website or to offer Services different from those offered at the time of the User’s registration at any time to the extent AviaCV.com is obliged to ensure the Services that it offers are in compliance with the legislation.
Modifications that only have a minor impact on AviaCV.com functionality do not represent changes to the Services described in this section. This shall apply in particular to changes of a purely graphical nature and to a change of layout and/or placement of features.
Intellectual Property Rights
AviaCV.com reserves all of its intellectual property rights in the Services. Using the Services does not give the User any ownership in the Services or the content or information made available through AviaCV.com. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. AviaCV.com trademarks, service marks, graphics, and logos used for the Services are trademarks or registered trademarks of AviaCV.com.
USER’S ACKNOWLEDGEMENTS AND OBLIGATIONS
The User obligates to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). The User also obligates to secure that the User’s account information would be truthful. AviaCV.com may be required by law to remove certain information or content.
By using the Services, the User may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. AviaCV.com generally does not review content provided by the Users. Therefore, the User hereby agrees that AviaCV.com is not responsible for the Users’ content or information.
The User may report any activities of any other User which violate applicable laws and/or any of these General Terms and Conditions.
The User acknowledges and agrees that:
AviaCV.com is not obliged to prohibit third parties from saving data or content that is or was publicly available pursuant to these General Terms and Conditions, AviaCV.com Privacy Policy or User settings.
AviaCV.com merely provides the User with a platform and is not involved in the content of communication between Users. If Users enter into agreements with one another via AviaCV.com Website, AviaCV.com shall not be a contracting party to said agreements. Users are solely responsible for the execution and/or fulfilment of agreements they enter into with one another. AviaCV.com shall not be liable for breaches of duty in relation to agreements entered into between the Users.
The User obligates to:
comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
provide accurate information to AviaCV.com and keep it updated;
use its real name on its account; and
use the Services in a professional manner.
The User also obligates not to:
create a false identity on AviaCV.com, misrepresent its identity, create the User account for anyone other than itself (a real person), or use or attempt to use another’s account;
develop, support or use software, devices, scripts, robots, or any other means or processes to scrape the Services or otherwise copy profiles and other data from the Services;
override any security feature or bypass or circumvent any access controls or use limits of the Service;
copy, use, disclose or distribute any information obtained from AviaCV.com, whether directly or through third parties, without the consent of AviaCV.com;
disclose information that the User does not have the consent to disclose (such as confidential information of others (including its employer));
violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
violate the intellectual property or other rights of AviaCV.com, including, without limitation, (i) copying or distributing AviaCV.com technology, unless it is released under open source licenses; (ii) using the word “AviaCV.com” or AviaCV.com logos in any business name, email, or otherwise;
post anything that contains software viruses, worms, or any other harmful code;
reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
imply or state that you are affiliated with or endorsed by AviaCV.com without AviaCV.com express consent;
rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without AviaCV.com consent;
overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services); and/or
interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
OTHER PROVISIONS
Term, Termination of Contract, Sanctions
Both the User and AviaCV.com may terminate these General Terms and Conditions at any time with notice to the other.In order to protect the User from unauthorised deletion of its account by third parties, may perform an identity check upon termination, e.g. by requesting the username and an e-mail address registered on the Website.
On termination, the User loses the right to access or use the Services.
The following shall survive termination:
The Users’ rights to further re-share content and information the User shared through the Service to the extent copied or re-shared prior to termination;
Sections 6.6, 7.2 and 7.3 of these General Terms and Conditions.
Disclaimer and Limit of Liability
No Warranty
To the extent allowed under law, AviaCV.com and its affiliates (and those that AviaCV.com works with to provide the services) (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement); (b) do not guarantee that the Services will function without interruption or errors, and (c) provide the Service (including content and information) on an “as is” and “as available” basis.
Exclusion of Liability
To the extent permitted under law (and unless AviaCV.com has entered into a separate written agreement that overrides these General Terms and Conditions), AviaCV.com and its affiliates (and those that AviaCV.com works with to provide the Services) shall not be liable to the User or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the Services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content).
In addition, AviaCV.com shall be liable without limitation for damages due to intent or gross negligence by AviaCV.com.
Applicable law, Miscellaneous
AviaCV.com is permitted to commission sub-contractors but remains responsible for fulfilling its duties.
To the extent allowed by law, the English language version of these General Terms and Conditions is binding and other translations are for convenience only. These General Terms and Conditions (including additional terms that may be provided by AviaCV.com) is the only agreement between the User and AviaCV.com regarding the Services and supersedes all prior agreements for the Services.
If AviaCV.com does not act to enforce a breach of these General Terms and Conditions, that does not mean that AviaCV.com has waived its right to enforce these General Terms and Conditions.
AviaCV.com is permitted to transfer rights and duties stipulated herein to third parties, in whole or in part. However, the User may not assign or transfer rights and duties stipulated herein (or its membership or use of Services) to anyone without AviaCV.com consent.
These General Terms and Conditions and the contractual relationship shall be governed by Ukrainian law, excluding international private law and the provisions of the United Nations Convention on Contracts for the International Sale of Goods that have been adopted by Ukrainian law.
The User and AviaCV.com agree that claims and disputes can be litigated only in Kiev, Ukraine, and each of the parties agree to personal jurisdiction of the courts located in Kiev, Ukraine.
GENERAL TERMS AND CONDITIONS
The Seeker in AviaCV.com has an opportunity to create the multiple CVs with the following data (* required fields):
The Seeker in AviaCV.com has an opportunity to apply for a new job with the uploaded files.
AviaCV.com CRM users create Seeker’s CV from:
The Seeker has an opportunity to subscribe to AviaCV.com newsletters, however, only after applying for a new job.
Subscriptions can be made only by filling the respective subscription form with the following data (*required fields): e-mail* and job role* (position interested in).
As between the User and AviaCV.com, only the User owns the content and information that it submits or posts to AviaCV.com, and the User is only granting AviaCV.com the following non-exclusive rights:
AviaCV.com may change or discontinue any of its Services. AviaCV.com does not promise to store or keep showing any information and content that the User has provided throughout AviaCV.com.
AviaCV.com is not a storage service. The User agrees that AviaCV.com has no obligation to store, maintain or provide the User a copy of any content or information that the User provides, except to the extent required by applicable law and as noted in AviaCV.com Privacy Policy.
The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the AviaCV.com Website. AviaCV.com shall nonetheless endeavor to keep AviaCV.com Website available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond AviaCV.com control (e.g. disruptions to public communications networks, power failures, etc.), may result in malfunctions of or temporary interruptions to the service provided on AviaCV.com Website.
AviaCV.com reserves the right to limit the User’s use of the Services. AviaCV.com reserves the right to restrict, suspend, or terminate the User’s account if AviaCV.com believes that the User may be in breach of these General Terms and Conditions or law or is misusing the Services (e.g., violating any of the obligations or policies).
AviaCV.com reserves the right to modify the Services offered on the AviaCV.com Website or to offer Services different from those offered at the time of the User’s registration at any time to the extent AviaCV.com is obliged to ensure the Services that it offers are in compliance with the legislation.
Modifications that only have a minor impact on AviaCV.com functionality do not represent changes to the Services described in this section. This shall apply in particular to changes of a purely graphical nature and to a change of layout and/or placement of features.
AviaCV.com reserves all of its intellectual property rights in the Services. Using the Services does not give the User any ownership in the Services or the content or information made available through AviaCV.com. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. AviaCV.com trademarks, service marks, graphics, and logos used for the Services are trademarks or registered trademarks of AviaCV.com.
Both the User and AviaCV.com may terminate these General Terms and Conditions at any time with notice to the other.In order to protect the User from unauthorised deletion of its account by third parties, may perform an identity check upon termination, e.g. by requesting the username and an e-mail address registered on the Website.
On termination, the User loses the right to access or use the Services.
The following shall survive termination:
No Warranty
To the extent allowed under law, AviaCV.com and its affiliates (and those that AviaCV.com works with to provide the services) (a) disclaim all implied warranties and representations (e.g. warranties of merchantability, fitness for a particular purpose, accuracy of data, and noninfringement); (b) do not guarantee that the Services will function without interruption or errors, and (c) provide the Service (including content and information) on an “as is” and “as available” basis.
Exclusion of Liability
To the extent permitted under law (and unless AviaCV.com has entered into a separate written agreement that overrides these General Terms and Conditions), AviaCV.com and its affiliates (and those that AviaCV.com works with to provide the Services) shall not be liable to the User or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the Services (e.g. offensive or defamatory statements, down time or loss, use of, or changes to, your information or content).
In addition, AviaCV.com shall be liable without limitation for damages due to intent or gross negligence by AviaCV.com.