Helipaddy Terms of Use

Helipaddy Terms and Conditions

 

How You Use Our Data

By registering with Helipaddy, you agree to treat all landing sites as being Prior Permission Required (PPR) and you agree to these terms.  You also agree to check these terms for changes that may be applied without notice.  Helipaddy cannot accept liability for pilots not checking the availability, layout and conditions of a landing site. If you do not agree to these terms you must please ask us to cancel your account.

 

Extended notice:

Helipaddy is the exclusive owner of copyright for their off-airfield helicopter landing site data accessed via the mobile applications, the Helipaddy online portal and any other associated websites. As the copyright owner, Helipaddy reserves all rights to transfer or sell their data for commercial use. Helipaddy does not permit the use, reproduction or adaptation of their data by another party, nor allow for their maps to be lent, rented, issued copies of, broadcasted and/or displayed by another party for commercial purposes. Unless a party has solicited express prior written consent from Helipaddy for the use of Helipaddy data, it can be assumed that the prohibitions expressed above apply at all times. 

 

Any unauthorised use, adaptation, duplication, reproduction will constitute as an infringement of copyright and gives Helipaddy the right to sanction the other party through legal and financial action. Account login details cannot be shared and doing so exposes both the account owner and any user of the account to unlimited liability. 

 

© Helipaddy 2013-2017

 

Quality statement

Whilst every care is taken in compiling the data, Helipaddy Ltd, the editors, moderators and publishers will not be held responsible for inaccuracies or omissions. We compile the directory from information provided by pilots and establishments. We check site information with all establishments via email at least every 20 weeks but don't always receive a response. Establishments can change or remove the landing area without notice. All landings at sites in the directory require prior permission from the owner before landing is permitted and all pilots that register with Helipaddy agree to these terms.  It is solely the responsibility of the pilot to obtain this prior permission and Helipaddy Ltd will not be held liable for any incident that may occur in the act of flying to or landing at any site mentioned within Helipaddy.

 

How We Use Your Data

Privacy

The following policy sets out how we use information relating to you and applies to all use of data by Helipaddy.

We process data in accordance with the Data Protection Act 1998.  We will only send you marketing communications with your consent.  By registering the app, you allow us to send you an initial email with some instructions and tips and follow up emails which alert you to actions required in connection with pad submissions.  Both of these can be turned off.
We use information about you, including information derived from cookies and other tracking technologies, to help us operate our app and for marketing purposes.  We may disclose information about you in certain circumstances and this privacy policy may change from time to time.
For the purpose of the Data Protection Act 1998, the data controller is Earlymarket Limited. If you have any concerns about your privacy please contact us by searching for "contact" in this support site.

 

About the app

The Helipaddy app and the Helipaddy website together enable individuals to record and share information about places of interest.

 

What data do we collect and how is it used?

We may ask you for, or you may submit, personal and non-personal information and data to us when you use the App. We use this data to register and administer your user account. We record your password in an encrypted format.
We use your email address to contact you about your use of the App, to provide you with news about us and to offer you additional services. We also use your email address to synchronise your information across your user accounts and devices.
We use your location data so that the map knows where you are.
We may anonymise information about you and then aggregate it with information about other users in order to gain insights into how individuals are using the App.
When you get in contact with us we may keep records of what is communicated. This is to ensure we have a record of our discussion for future reference and so we can provide services to you more efficiently.
We might collect sensitive information about you, but we will never collect your sensitive information without your explicit consent.

 

Location data

The App creates a social community for its users, where your location and that of other users may be publically shared within the App. Your location data is sent to us when you install the App and each time you use the App. If you choose to change your privacy settings, your location may be sent to us automatically whilst the App is not operating on your device so that we may send you push notifications.
When you mark a location on a map by dropping a map pin, you may be sharing that information with other App users.

 

Cookies and app usage analysis

We use 'cookies’ and similar technologies on the App ("Cookies"). Cookies are small computer files which the App may store in your Internet browser, enabling your Internet browser and the App to communicate with each other. Other similar technologies may operate in a different way but, like Cookies, are used to analyse how the App is being used.
Cookies enable us to record anonymous information about you, including: the type of Internet browser you use to access the App, your computer operating system, the websites you visited before accessing the App, the areas of the App you visit, how long you visit the App and your IP address (which can provide information about your approximate geographic location). We do not use Cookies to determine your individual identity.

 

Management of data

We will use information collected about you in accordance with the Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2009.
By submitting information you agree to our use of information about you as described in this privacy policy.
If you believe we have information about you that you do not want us to have or that you think is incorrect, please contact us.
Although we will do our best to protect information about you, we cannot guarantee the security of data transmitted to the App. Any transmission is at your own risk. Once we have received information about you, we will use strict procedures and security features to try to prevent unauthorised access to that Information.
Information about you may be sent outside of the European Economic Area, including to countries whose data protection rules are less stringent than those found in the European Economic Area.

 

Marketing

We might send you marketing emails about products or services which are similar to or related to the App, or contact you by email or text with information about the App. We will not send you any other marketing emails or pass on your contact information to third parties unless you give your consent or you have given it already.
If you provide information about a friend of yours as part of a referral of that friend to us, we will send your friend a single email about the App and we will store their personal information to the minimum extent necessary. When you provide us with your friend's information, you are confirming that you have their consent to this use of their information. We will tell your friend that you provided their details when we contact them.

 

Data retention

We will only hold data about you for as long as necessary, bearing in mind the purpose for which that data was collected.

 

General

If you follow a link from the App to any third party Apps, you should be aware that those Apps may have their own privacy policies. We do not accept any responsibility or liability for those Apps. Please check the policies of any third party Apps before submitting any personal data to them.

We may make changes to this privacy policy in the future, which will be posted on this page. You should check this page from time to time to ensure you are aware of any changes. Where appropriate we may notify you of changes by email or by putting a notice on the App.
All questions, comments or enquiries should be directed to us. We will try to respond to you within 48 hours.

 


Helipaddy API Agreement

This Helipaddy API Agreement (“Agreement”) is entered into by and between Helipaddy Ltd. (“Helipaddy”) with an address at 12A Addison Avenue, London, W11 4QR and “You”.

This Agreement governs the terms under which You may access and use the Helipaddy application programming interface (the API), the data transmitted through the API (the Licensed Content) and is effective from the date that you access the API for the first time after receiving the Helipaddy web service ID through a secure electronic key (the “Effective Date”).

This Agreement incorporates the terms of the following additional documents, including all future amendments or modification thereto (collectively, and together with this document, the Agreement: Helipaddy API Display requirements, Helipaddy Terms of Service, Helipaddy Privacy Policy).

 

1    Defined Terms (The following capitalized terms will have the meanings set forth below.)

1.1    “End Users” means end users who access or use Your Site.

        1.2    “Licensed Content” means the Helipaddy Content available via the API, as detailed in the API Technical Documentation, which may include for any Pad or Site: Name, Category, Latitude, Longitude, Helipaddy View Link, Photo, Region, 'Helipaddy Select' information, Landing information, Site information, Comments, Contact phone, Email

1.3 “Your Site” means any website and/or mobile application operated by You.


        1.4    “Updates” means updates, refreshes, corrections and other modifications.

  

2    Access and Authority

If You use or access the Licensed Content or the API on behalf of a business, company or other entity, You represent that You have authority to bind such entity and its affiliates to the Agreement and that is fully binding upon each of them. In such case, the term “You” will designate such entity and its affiliates. If You do not agree with the terms of this Agreement or if You do not have authority, You may not use or access the Licensed Content or the API. 


3    Licensed Content 

    3.1    License to Content.  Subject to the terms and conditions of this Agreement, Helipaddy hereby grants You a nonexclusive, revocable, non sublicensable, non-transferable, license to (i) use, perform and display (publicly or otherwise) the Licensed Content through Your Site, and (ii) allow End Users to access and use the Licensed Content through Your Site.

    3.2    License to Helipaddy Marks.  Subject to the terms of this Agreement, Helipaddy hereby grants You a non-exclusive, nontransferable, worldwide license to use, reproduce, perform and display Helipaddy’s trade names, trademarks, service marks, logos or other similar indicia of identity or source (collectively, “Marks”) that Helipaddy furnishes You for use under this Agreement, solely for purposes of performing its obligations or exercising its rights under this Agreement. 

    3.3    Reservation of Helipaddy Rights.  Except for the license granted hereunder, Helipaddy retains any right, title and interest in and to the Licensed Content.

    3.4    Helipaddy’s Attribution.  Notwithstanding anything to the contrary, You understand and agree that a Mark must accompany any and all uses, copies, performance displays and/or placement on or through the Licensed Content on Your Site. 


4    Delivery and Format of Licensed Content

    4.1    Delivery; Access.  Helipaddy will make the Licensed Content available to You in an electronic format through the API. In order to access or use the API, You must first apply and obtain approval from Helipaddy. Helipaddy reserves the right, in its sole discretion, to approve, deny approval or revoke approval at any time. Helipaddy may also request further information from You to assess your application. Once approved, You will receive a valid Helipaddy Web Service I.D in the form of a secure electronic key. You are only allowed to register for and use one set of login credentials, unless otherwise permitted by Helipaddy in writing, including via email. All queries sent to the API requesting data must reference your valid login credentials. You agree to keep your login credentials confidential and not to share them with any third party. Your Access will be limited to the following: 10K (Free, Basic programmes) or 100K (Premium programme) calls per month. Once Your Access exceeds these limits, You will not have the ability to have data returned from the Helipaddy API until the commencement of the next month. 

    4.2    Updates; Refreshes.  From time to time during the Term, at Helipaddy’s discretion, Helipaddy may update and refresh the Licensed Content, and make such refreshed Licensed Content available to You.

    4.3    Display.  The rights granted to You herein are limited to the right to display the Licensed Content, along with the Marks, on Your Site in manner set forth in the Helipaddy API Display requirements. In all cases, You shall display Licensed Content with Marks. You agree that Helipaddy may monitor Your Site in order to confirm compliance with this Agreement. You agree that You will remove from Your Site and destroy any specific Licensed Content within forty-eight (48) hours upon request from Helipaddy. 

    4.4    Restrictions

You agree that you will not, and will not assist or enable others to (i) Record, cache or else store any portion of the Licensed Content, (ii) alter the Licensed Content, or use it to create or update your own database of business listing information, (iii) create or disclose metrics about, or perform any statistical analysis of, the API, Licensed Content, (iv) use the API on behalf of any third party other than a group or affiliate company, (v) copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized under applicable statutory law), modify or alter any part of the API, (vi) display Licensed Content or Helipaddy Marks in a manner that could reasonably imply an endorsement, affiliation with or sponsorship between you or a third party and Helipaddy, other than your permitted use of the API under the terms of the Agreement, (vii) display the Licensed Content on any site that disparages Helipaddy or its products or services, or infringes any Helipaddy intellectual property or other rights, (viii) use the API in a manner that impacts the stability of Helipaddy's servers or impacts the behavior of other applications using the API, (ix) use the API or Licensed Content in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Helipaddy's sole discretion) to Helipaddy, its providers, its suppliers, end users of this website, or your end users, (x) use the API, Licensed Content or Helipaddy in a manner that could reasonably be interpreted to suggest that Helipaddy is the author or entity that is responsible, in whole or in part, for the creation or development of any Licensed Content or that such Licensed Content represents the views of Helipaddy.  YOU MAY NOT DIRECTLY OR INDIRECTLY ATTEMPT TO RE-SELL, REDISTRIBUTE, SYNDICATE OTHERWISE COMMERCIALIZE THE HELIPADDY CONTENT IN ANY WAY WITHOUT HELIPADDY’S PERMISSION.

    4.5    Caching. Caching also reduces the load on the Helipaddy content servers. Do not use the API to pre-fetch content for Your entire inventory, request only the content you need.

 

5    Warranties and Disclaimer

Each party represents and warrants that it has full power and authority to enter into the Agreement.  

The Licensed Content is provided by Helipaddy "AS IS". Helipaddy expressly disclaims all other representations or warranties, express or implied, obligations and liabilities arising by law or otherwise, with respect to the Licensed Content and any other services provided hereunder, including, but not limited to, any express or implied warranty of merchantability, noninfringement, fitness for a particular purpose, arising from course of performance or dealing or usage of trade or of non-infringement or title. Helipaddy makes no representation that the operation of the service will be uninterrupted or error-free, and Helipaddy will not be liable for the consequences of any interruptions or errors (including any lost data).

 

6    Ownership

Helipaddy shall own and retain all right, title and interest in and to any documents, techniques, know-how , specifications, plans, notes, drawings, designs, pictures, inventions, data, information and other Content provided by Helipaddy and any derivative works hereof in connection with this Agreement (“Work Product”), including any and all intellectual property rights therein. Work Product shall not be deemed to include the confidential information of Your website pages, metrics, or internal reporting. To the extent applicable, Helipaddy shall be deemed to be the "author" of all Work Product and all such Work Product will constitute "works made for hire" under any applicable copyright law. You hereby waive any and all moral rights (including rights of integrity and attribution) in and to the Work Product.  To the extent that any Work Product does not constitute a work made for hire, You hereby assign to Helipaddy all right, title and interest that You may have or may hereafter acquire in all Work Product, including all intellectual property rights therein. At Helipaddy’s expense, You shall execute all documents and take all actions necessary for Helipaddy to document, obtain, maintain or assign its rights to the Work Product. All such materials will be deemed to be the confidential, proprietary and trade secret information of Helipaddy.

 

7    Indemnification  

You will indemnify, defend, or at Your option settle, any third party lawsuit or proceeding brought against Helipaddy, its affiliates or syndication partners, and any of their respective officers, directors, employees and agents, based upon or otherwise arising out of: (a) Your use of any Licensed Content, in a manner inconsistent with the terms of this Agreement; (b) breach of any laws, regulations, or ordinances; and (c) Your Site. Helipaddy will: (i) promptly notify You of such claim, (ii) provide You with reasonable information, assistance and cooperation in defending the lawsuit or proceeding, and (iii) give You full control and sole authority over the defense and settlement of such claim.

 

 8    Limitation of Liability

EXCEPT FOR (A) YOUR INDEMNIFICATION OBLIGATIONS, (B) BREACHES OF CONFIDENTIALITY, AND (C) YOUR USE OF THE LICENSED CONTENT IN A MANNER INCONSISTENT WITH THE TERMS OF THE AGREEMENT  (A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.  EXCEPT FOR (A) EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, (B) BREACHES OF CONFIDENTIALITY, AND (C) YOUR USE OF THE LICENSED CONTENT IN A MANNER INCONSISTENT WITH THE TERMS OF THE AGREEMENT, IN NO EVENT SHALL EITHER PARTY’S LIABILITY FOR ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED $200,000.  The parties agree that (i) the mutual agreements made in this Section reflect a reasonable allocation of risk, and (ii) that each party would not enter into the Agreement without these limitations on liability.

 

9    Support

Helipaddy offers customer support through its regular support channels but makes no guarantees of any technical support for the API.

 

10    Term and Termination

Helipaddy reserves the right, in its sole discretion and at any time without notice or liability, to change, suspend or discontinue the API and/or suspend or terminate Your rights under this Agreement to access, use and/or display (as applicable) the API, Helipaddy Marks and/or any Licensed Content. Any termination of the Agreement will also immediately terminate the licenses granted to You hereunder. Such change, suspension or termination of the API may cause your existing services using the API to stop functioning properly. Upon any termination of this Agreement, you will promptly: (i) delete and remove all calls to the API from all web pages, scripts, widgets, applications, and other software in your possession or under your control; (ii)  destroy and remove from all computers, hard drives, networks and other storage media all copies of the API, Helipaddy Marks and/or any Licensed Content; and certify in writing to Helipaddy that such actions have been taken; and (iii) cease to hold yourself out as being associated with Helipaddy in any way. 

 

11    Miscellaneous

Each party will comply with all laws, rules and regulations, if any, applicable to it in connection with the performance of its obligations under the Agreement.  All notices will be in English and in writing (including email).  Notice will be deemed given upon the sending of correspondence via email to the email address associated with your API key, with no indication of receipt required. Any assignment or other transfer of rights or delegation by You shall be null and void.  The laws of the United Kingdom will govern the Agreement. The Agreement supersedes any other prior or collateral agreements, whether oral or written, with respect to the subject matter hereof.  The failure to require performance of any provision will not affect a party’s right to require performance at any time thereafter; nor will waiver of a breach of any provision constitute a waiver of the provision itself.  If any provision is adjudged by a court of competent jurisdiction to be unenforceable, invalid or otherwise contrary to law, such provision will be interpreted so as to best accomplish its intended objectives and the remaining provisions will remain in full force and effect.  The parties hereto are and will remain independent contractors and nothing herein will be deemed to create any agency, partnership, or joint venture relationship between the parties.  Neither party will be deemed to be an employee or legal representative of the other nor will either party have any right or authority to create any obligation on behalf of the other party.  Neither party will be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. The parties agree that any material breach of the provisions of Sections 3, 4.3, 6 and 10 of this Agreement shall cause irreparable harm and shall be the basis for injunctive relief.  The Agreement is not intended to benefit, nor will it be deemed to give rise to, any rights in any third party.  The Agreement (a) will be binding on and inure to the benefit of each of the parties and their respective successors and assigns; and (b) may be executed in counterparts, including facsimile counterparts, each of which will be deemed an original and all of which when taken together will constitute one and the same instrument.

Helipaddy reserves the right to modify the Agreement at any time. If Helipaddy reasonably determines that a planned modification may adversely impact You, Helipaddy may provide ten (10) days prior email notice to You using the primary email address for previous communication between You and Helipaddy. 

 

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