ACASS Canada Ltd – Terms and Conditions of Use (participation and posting) for Website visitors, Flight Crew Staffing and CrewBase users
THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) ARE A LEGAL CONTRACT BETWEEN “YOU” AND ACASS CANADA LTD (“ACASS”, “WE,” “US” OR “COMPANY”). ACASS provides flight crew staffing services, through which we maintain a database of qualified pilots, flight attendants and maintenance technicians available to provide flight crew services to aircraft owners and operators. We provide such services through both www.acass.com and www.crewbase.com (including our Mobile site) and through our App CrewBase, available for Apple™ and Android™ products (collectively, the website, mobile site and CrewBase App referred to herein as the “Site”), and through which pilots, flight attendants and maintenance technicians (collectively and alternatively ‘”Crew”) may post their credentials and availabilities, and through which owners and operators (collectively “Employers”) may post opportunities, and thereafter through our Site services and proprietary software and algorithms, facilitate matches between Crew and Employers (collectively, the “Service”).
1. Accepting the Terms and Conditions of Use for Participation and Posting
Welcome to the ACASS website! By clicking the acceptance button “I agree” and/or using the Services offered by ACASS, you accept the Terms and Conditions of Use, Participation and Posting (“Terms and Conditions”) as well as the conditions associated with the management of future changes to the Terms and Conditions. We recommend that you periodically review these Terms and Conditions to ensure that you are aware of any updates.
2. Changes to Terms and Conditions
Due to the evolving nature of our business we reserve the right to unilaterally change, from time to time, as we deem appropriate, the Terms and Conditions based on which we offer the Services, including the related fees, if any. Any changes or modifications will be effective on at least thirty (30) days’ written notice to you, and such changes shall become effective once you use the Service after such thirty (30) day period (which use shall be deemed to conclusively indicate acceptance of such changes).
If we make any such changes, we will send you a written notice that these Terms and Conditions have changed and the effective date of such change and provide you with a description of such changes setting out the new clause only, or the amended clause and the clause as it read formerly, and a means for you to respond should you not accept such changes and therefore wish to terminate your use of the Services. We may also send you an entirely new set of terms to replace these Terms and Conditions. YOU ALWAYS HAVE THE RIGHT TO CANCEL THE SERVICES AT ANY TIME IF CHANGES TO THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU. IF YOU ELECT NOT TO CANCEL YOUR SERVICES AFTER RECEIVING OUR NOTICE OF A CHANGE, YOUR CONTINUED RECEIPT OF SERVICES FROM US WILL CONSTITUTE ACCEPTANCE OF THE CHANGED TERMS.
3. Services Provided by ACASS
The ACASS Site is your source for everything to do with the world of aviation employment and contract services opportunities. For Crew, on the Site you will find detailed descriptions of aircraft operations employment opportunities provided by potential Employers. Meanwhile for Employers, the Site offers a list of potential Crew that are available for hire to operate an Employer’s aircraft.
Crew and Employers are required to create a user account on the ACASS Site (“Account”) by selecting a username and password.
Employers are invited to post jobs (“Job Posting”) that lists information such as the aircraft type, billing rate, the desired level of experience and training as well as the base location. Job Postings are valid for one month.
The Service includes a matching function where Crew or Employers are notified when a Job Posting or Crew Profile, as applicable, matches their respective posting.
Employers will be able to select a Crew to receive that Crew’s contact information (“Activated Access”). Crew will have the opportunity to consent (or not) to the sharing of their Crew Profile when an Employer requests their information to establish an Activated Access. Provided Crew consent, Employers are then able to engage directly with the Crew and ACASS shall no longer be involved in the interaction. Alternatively, Crew may choose to send their Crew Profile to Employers when applying for a Job Posting.
Except where clients directly contract with ACASS through traditional means for our boutique flight crew staffing services and where a specific longform written contract is entered into between ACASS and such client (these, “Boutique FCS”), Crew and Employers using the Site are independent of ACASS and the Service provided by ACASS through the Site is strictly one of matching Crew Profiles to Job Postings, Crews to Employers.
As opposed to Boutique FCS, the Site Service does not include any verification of Crew or Employers’ information. Users are expected to verify the information of the other users they match with. ACASS does not guarantee the accuracy of any information posted by users, nor does it guarantee the satisfactory performance of any employment candidate or the suitability of any employment opportunity for a particular candidate.
4. Copyright, Trademarks and other Proprietary Rights
You acknowledge and agree that all content and materials made available on or in connection with the Site (including without limitation the ACASS and/or CrewBase names and logos) are protected by either ACASS’ rights, or the rights of its licensors, of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You may not use any of the marks, logos, domains and trademarks that you may find on the Site, unless you have ACASS’ written permission. Except for that information which is in the public domain or for which you have been given express written permission by ACASS, you agree not to sell, license, loan, rent, modify, distribute, copy, reproduce, transmit, publicly display, broadcast, publicly perform, publish, adapt, edit, create derivative works, reverse engineer, alter, enhance or in any way exploit any of the Site or content and materials in any manner.
The ACASS and CrewBase logos and all their variations, the navigation tool and all contents of ACASS and CrewBase are provided for non-profit purposes. Use of the logo or information contained at ACASS for commercial or advertising purposes, or to increase the flow of users to another website, without prior written permission from ACASS is prohibited.
ACASS, CrewBase and the other names, logos and icons that refer to products and services from ACASS are registered trademarks. Unless an exception is expressly stated, no elements of our Service may be interpreted as granting an individual the right to use the intellectual property of ACASS.
It is strictly forbidden to modify, copy, distribute, transmit, post, represent, reproduce, publish, license, transfer or sell any information, software, product or service obtained from the Site, or to create material derived from the aforementioned elements.
5. Username and Password
You are the sole person responsible for maintaining the confidentiality of your Account access credentials (including your user name and password); ACASS cannot be held responsible for any unauthorized use of your Account, nor for any consequential loss or damage resulting from a failure to secure such access credentials. We therefore recommend that you carefully read the LIMITATIONS OF RESPONSIBILITY in Section 8 of these Terms and Conditions to learn more about the extent of your responsibility regarding ACASS’s services.
Should you become aware that the confidentiality of your Account information be compromised, please inform ACASS as soon as possible.
6. Payment (when applicable)
In return for receiving our Services, you agree to pay us as follows:
A. Activation Fee (when applicable)
All Activation Fees are payable in advance by credit card1, at the applicable rates in effect at the time of payment, for any Activated Access ordered.
Activation Fees are subject to change upon providing notice to you as set out in Section 2 of these Terms and Conditions. Activation Fees for the Activated Access do NOT include any fees associated with communication between the users.
B. Billing Statements (when applicable)
You will not receive monthly statements unless you request them. Statements are sent via e-mail unless otherwise requested. Statements will show payments, credits, purchases, and any other charges to your account.
C. Questions About Your Statement.
If you have a question about your account or statements, call us at:
(i) For ACASS: +1.514.636.1099 or write to email@example.com ;
(ii) For CrewBase: +1.877.312.2739 or write to firstname.lastname@example.org
or regular mail at the address on the first page. We will respond to you as promptly as we can. If you write to us, please include the following information:
(a) Your name and account number; and
(b) The details of your question.
If you wish to dispute any Activation Fee, you must contact ACASS in writing within 30 days after the date of the Activation Fee in question was paid. Failure to comply with the aforementioned delay and follow the present contractual procedure entails that you have accepted the Activation Fee as they were invoiced and waive any and all rights pertaining thereto.
7. Use of the Services – Acceptable Use Policy
You are solely and entirely responsible for any content that you upload or post through our Service, and for any and all consequences resulting from the posting of such content or the content of the messages that you broadcast by posting through our Service and thus, are accountable for any and all consequences ensuing from said messages.
The use of our Service to promote or to sell any goods or services for commercial purposes, conduct or send any studies, surveys, contests, pyramid schemes or chain letters, spam, hack, solicit or perform any other illegal act is utterly forbidden. It is also prohibited to perform an act that could undermine the rights of a third party, or their enjoyment of the Service.
Although ACASS retains the right to remove or delete data, at its sole discretion, it is a right that ACASS retains as an option and not as an obligation. ACASS makes no statements regarding the control over the content that has been posted on the Site, given the volume and speed at which data is transmitted over the Service.
Without limitation to any other section of these Terms and Conditions, in your use of our Service, you agree to act responsibly in a manner demonstrating the exercise of good judgment. For example, and without limitation, you agree not to:
A. violate any applicable law or regulation,
B. infringe the rights of any third party, including, without limitation, intellectual property, privacy, publicity or contractual rights,
C. use the information available through our Service for any unauthorized or unlawful purpose,
D. interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents,
E. use our Service to transmit, distribute, post or submit any information concerning any other person or entity, including, without limitation, photographs of others, personal contact information or credit, debit, calling card or account numbers,
F. use our Service to obtain the personal contact information of another user without his/her prior consent;
G. use our Service in connection with the distribution of unsolicited commercial email (“Spam”) or advertisements,
H. “stalk” or harass any other user of our Service,
I. use the Service for any illegal purposes
J. collect or store any information about any other user other than in the course of the permitted use of our Service,
K. use our Service for any other commercial purpose whatsoever, including, without limitation, advertising or marketing any services or products other than yourself a Crew, or your entity as an Employer with a Job Opportunity,
L. impersonate any person or entity,
M. remove any copyright, trademark or other proprietary right notices contained in the Service,
N. infringe on the intellectual property rights of the Service or any third parties in any manner,
O. modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or our Platform or any software used on or for the Service,
P. post, upload or transmit false, misleading or illegal information or content to the Service,
Q. make false statements, attempt or use personal, financial or other information that you are not authorized to use,
R. upload, post, email, transmit or otherwise make available any content that you are not legally permitted to make available to the Service under any law or any contractual or fiduciary relationship (including, without limitation, inside information and information subject to obligations of confidentiality),
S. collect or store personal data about other users without their consent, or upload, post, email or transmit any other user’s private information or data,
T. provide hyperlinks, URL links, graphic links or other direct connection to our Platform or the Service for profit or gain, or
U. assist any third party in doing any of the foregoing.
8. Limitation of Liability
Search engines, matching, directories, and content are provided as a courtesy by ACASS, without warranty as to the accuracy or availability of such sites. Furthermore, ACASS makes no claims regarding the volume of search results. Information on the Internet is evolving constantly, as do the sites on which the information is published.
We are not responsible for any damage or harm resulting from your interactions with other users of our Service. You understand and acknowledge that we do not pre-approve any of our users nor do we in any way inquire into the backgrounds of the users of the Service or attempt to verify their statements. We make no representations or warranties as to the conduct of our users or their compatibility with any current or future users. EXCEPT FOR BOUTIQUE FCS, CREW AND EMPLOYERS ARE INDEPENDENT OF ACASS. ACASS DOES NOT PERFORM CRIMINAL OR ANY OTHER FORM OF BACKGROUND CHECKS ON USERS. AS OPPOSED TO OUR BOUTIQUE FCS, ACASS DOES NOT VALIDATE CREW LICENSES, VERIFY THEIR EXPERIENCE OR WORK PERMIT STATUS, AND ACASS DOES NOT VERIFY THE AIRWORTHINESS OF ANY AIRCRAFT PROVIDED BY EMPLOYERS, FOR THE SITE SERVICES. It is your responsibility to investigate the background, financial status, criminal background, character and all other aspects that might affect whether or not you want to interact with a user on our Service. We reserve the right, but have no obligation, to monitor all posting on our Service and to take any action in good faith to restrict access to or the availability of any material that we or another user of our Service may consider to be illegal, obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable and you hereby expressly consent to the foregoing. IN NO EVENT SHALL WE BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, PUNITIVE, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANY OTHER USER, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE.
THE SITE, THE SERVICE AND ALL CONTENT MADE AVAILABLE THEREON IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ACASS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION AND/OR DATA ACCURACY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ACASS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNATIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE OR SERVICE.
Although we take your privacy and protection of your data seriously and we strive to protect it through prudent, secure IT architecture and processes, ACASS cannot guarantee the confidentiality of the information transmitted over the Internet and cannot be held accountable for potential damage caused by the inadvertent disclosure of said information. You therefore accept full responsibility for this potential issue.
By accepting the Terms and Conditions, you withdraw any and all responsibility or liability from ACASS as to any and all direct or indirect damage that results from the use of said service. You also agree that all the information available on our websites is offered without any guarantee that the content is accurate or reliable.
9. The Network’s Efficiency and Security
Although we strive for and work at providing a secure experience in delivering the Services, ACASS cannot guarantee flawless efficiency or flawless security. It is possible that a computer hacker may manage to access our servers. It is therefore important that one keeps in mind, prior to logging into ACASS, that it is always possible that a malicious individual may access our servers and use, for the individual’s own benefit, some personal information that a Site user has entered. In such a case, neither ACASS nor its administrators can be held liable for acts of computer hacking nor be blamed for whatever damage or loss that such illegal activity may incur upon the Site users. The Site may on occasion experience failures or outages and some programming issues related to updates or events that are beyond the control of the Site’s administrators.
Neither administrators, nor any member of the ACASS organization can be held liable if a Site user is unable to browse through the Site regardless of the reason that is preventing the ability to browse through the Site, including, but not limited to reasons of misunderstanding, defective telephone line, incompatible modem, defective cable, inadequate configuration, incompatible browser, etc.
10. Content Ownership
You also agree that ACASS reserves the right to remove information from its network if the contents are deemed inappropriate and contravene the Terms and Conditions.
11. Noncompliance to the Terms and Conditions
The Terms and Conditions are implemented to protect our users and to maintain the quality of service. You acknowledge that any noncompliance or outright violation of the Terms and Conditions contained herein may lead to the removal of your access link to ACASS.
12. Applicable Law
The Terms and Conditions is governed by the laws of the province of Quebec. You hereby acknowledge that any dispute resulting from, or related to the use of ACASS’s Services or related websites will be submitted to the competent and exclusive jurisdiction of the Quebec courts, district of Montréal.
By accepting the Terms and Conditions, you agree to indemnify and hold harmless ACASS in the case wherein legal proceedings are instituted against ACASS following the infringement of the Terms and Conditions by yourself or any other person who uses your Account.
14. Posting language
In accordance with Article 41 of the Charte de la langue française, all job postings for all employment opportunities in Quebec must by law be posted in French (the entire content).
“According to provisions of the Charte de la langue française, which has been law in Quebec since 1977, French is the official language of Quebec. Therefore, any company that has or wishes to establish a business venture in Quebec must comply with the requirements contained in the Charte. Whoever does not comply to a disposition in the law or a ruling adopted by the Government in accordance with said Charte is in violation of the law and is subject to corrective measures from the Office québécois de la langue française, and eventually, to legal proceedings. ACASS invites you to respect the law by including a complete description of the job posting in French.”
If you wish to obtain detailed information about the provisions in the Law that apply with respect to the language of work in Quebec, please access the Office québécois de la langue française website.