Disclaimer
The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays. This web site may include incomplete information, inaccuracies or typographical errors. NAV CANADA, and any other persons involved in the management of this web site, may make changes in the information and content included in this web site at any time without notice.
NAV CANADA shall not be responsible for any incorrect or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in this web site or by any technical or human error which may occur in the processing of submissions in this web site. Site Providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, entries.
NAV CANADA shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email (or members) on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to members or to any other person’s computer related to or resulting from using services or downloading materials in this web site. If, for any reason, this web site is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Site Providers which corrupt or affect the administration, security, fairness, integrity or proper conduct of this web site, Site Providers reserve the right to cancel, terminate, modify or suspend the services or web site indefinitely.
Use of Cookies
NAV CANADA uses "cookies" to collect information and track user patterns on its web site. A cookie is a small text file containing a unique identification number that identifies your browser (not you) to our website each time you visit. Cookies allow NAV CANADA to assess which pages of our website are visited and by how many people. Although the NAV CANADA website may assign a cookie to your computer, unless you specifically advise us, we will not know who you are. Cookies cannot be used by themselves to determine the individual identity of any visitor to our website and NAV CANADA does not combine information gathered by a cookie with personally identifiable information such as your name, telephone number or email address without your consent. Most websites use cookies and most internet browsers are set up to accept them, but if you would prefer, you can reset your browser settings to notify you when you have been assigned a cookie or to not accept cookies. If you refuse to accept cookies, you may not be able to use some of the features available on our site.
Trademark and Copyright
Copyright 2003 © NAV CANADA. All rights reserved.
NAV CANADA is the owner of copyright in this site and other intellectual property related to this web site. By entering this web site you acknowledge and agree that any name, logo, trademark or servicemark contained on this web site is owned or licensed by NAV CANADA. No portion of this web site, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without NAV CANADA’s prior written permission, except if indicated herein. All material and information found in this web site is protected under the copyright and trademark laws of Canada and other applicable jurisdictions. The display of trademarks, tradenames or design marks in this web site does not imply that a license of any kind has been granted to any other party. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this web site for your personal, non-commercial home use only, provided you do not delete, obstruct or change any copyright, trademark or other proprietary notices. Modification, re-posting or use of the material on this web site in any other manner whatsoever and for any other purpose violates NAV CANADA’s legal rights.
Any unauthorized use regarding publication, copying or modification of information on this web site, including trademarks, tradenames and design marks, may violate applicable legislation and may result in legal action and may subject you to penalties or damages including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights. Use or transmission of all or any part of this publication in violation of any applicable Canadian or other legislation is hereby expressly prohibited.
Links to Third Party Sites
This web site contains links to third party sites. These links have been provided solely as a convenience for users of this web site and do not constitute an endorsement by NAV CANADA of the content of such third party sites. Links to this web site may also be provided from other sites either known or unknown to NAV CANADA. Access to any other web site linked to or from this web site is at your own risk. NAV CANADA has not reviewed and is not responsible for the content of any third party sites linked to or from this web site and does not make any representations regarding the privacy practices, content or accuracy of materials on such third party sites.
Although this web site may be linked to other sites, NAV CANADA is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. Your linking to any other off-site pages or other sites is at your own discretion and risk.
NAV CANADA access control
NAV CANADA shall have the right, at all times, to prevent, intercept, prohibit or otherwise restrict, your access to and/or use of this web site if NAV CANADA determines, in its sole and absolute discretion, that you have not (or NAV CANADA has a reasonable basis to believe or expect that you may not) fully complied with all of the provisions set out in this agreement.
Unlawful behaviour
Do not use this web site to communicate to others, to post on this web site, or otherwise transmit to this web site, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, obscene, profane, defamatory, libelous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law or regulation. NAV CANADA and all parties involved in creating, producing or delivering this web site assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above-noted matters. You agree to indemnify and hold harmless the Site Providers, their respective parents, subsidiaries, affiliates, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses asserted by third parties alleging that the web site includes obscenity, libel, slander, or infringes upon the third party’s intellectual property or privacy rights, as a direct result of your actions in the use of the web site. You further agree to not knowingly, damage or cause interruption of the services on the web site, prevent others from using the web site. or obtain or modify another user’s non-public account information without their consent. Any attempt by an individual to deliberately damage any part of this website is a violation of criminal and civil laws and should such an attempt be made, Site Providers reserve the right to seek damages from any such person to the fullest extent permitted by law.
Language
This web site is available in both official languages of Canada in accordance with the Official Languages Act.
NAVCANplan
Internet Flight Planning System users accept these Terms and Conditions for use of the Internet Flight Planning System (NAVCANplan).
- Rights Granted
- NAV CANADA grants the Subscriber the right to access the above indicated
application or applications (the "Application") for the purpose of filing a flight plan
on line pursuant to the provisions of this Agreement. Any access to the Application
may be controlled or may be otherwise subject to limitations on the type of activity
that may be conducted by the Subscriber. - All proprietary rights, including all intellectual property rights world-wide arising
under the law, and whether or not perfected, including all - patents, patent applications and patent rights;
- rights associated with works of authorship including copyrights,
copyright application, copyright registrations, mask work rights,
mask work applications, masks work registration; - rights relating to the protection of trade secrets and confidential information;
- any right analogous to those set forth in this definition and any
other proprietary rights relating to intangible property and - divisions, continuations, renewals, reissues and extensions of the foregoing (as and to the extent applicable) now existing, or hereafter filed issued or acquired, shall remain with NAV CANADA.
- The Subscriber hereby consents to NAV CANADA's use of the personal and
confidential information provided pursuant to this agreement, including
any information filed on any flight plan, for data handling/processing of
the flight plan, Search and Rescue (SAR) purposes and billing purposes. - Access
- Following reasonable notice to the Subscriber, the Application may be
interrupted at any time in order to maintain, modify or enhance the
Application. Although NAV CANADA shall use reasonable efforts
to ensure the Applications uninterrupted availability, no responsibility
is assumed for interruptions of or delays in delivery of same.
- Following reasonable notice to the Subscriber, the Application may be
- General Restrictions on Use The Subscriber agrees to the following restrictions on the use of the Application:
- Access to the Application is provided solely and exclusively for the
internal use of the Subscriber. The Subscriber shall not provide access
to the Application to any other person or entity including any affiliate. - The Subscriber acknowledges that the Application was compiled, revised,
selected and arranged by NAV CANADA through the application of methods and
judgement developed and applied through the expenditure of substantial time,
money and effort, and constitute valuable intellectual property, including
copyright, protected compilations, and trade secrets of NAV CANADA. - The Subscriber acknowledges that NAV CANADA will, using its best efforts,
operate and maintain the Application. - The Subscriber agrees to co-operate with NAV CANADA and protect the
intellectual property, including copyright and/or any other proprietary
rights of the Application. - The Subscriber agrees to not sell, transfer, assign, publish, distribute,
disseminate, allow any third party access to, or convey any part of the
Application. The Subscriber shall however have the right to print single
copies of confirmation of the filing of the flight plan obtained, using the
Application and utilise same for personal use or in the normal course of its
business. - The Subscriber agrees that it shall not attempt to copy, modify, reverse
engineer, disassemble, decompile or decrypt the Application and that it
shall not attempt to reconstruct, copy or prepare derivative works based on
the Application. - The Subscriber shall not remove, alter or obscure any proprietary notices
on the Application or any printed extracts. - The Subscriber is responsible for the protection and use of the user
identifier (USERID), password, and access control items to be used by the
Authorized User. The Authorized User shall be the only person authorized to
use the Application and the Authorized User shall not be permitted to share
the USERID or assigned password. - Termination
- NAV CANADA may terminate this Agreement by 30 days written notice to the
Subscriber. - In the event that NAV CANADA determines, at its sole discretion, that the
Subscriber has violated any of the terms and conditions contained in this
Agreement, NAV CANADA shall have the right to unilaterally terminate the
Agreement immediately.
- NAV CANADA may terminate this Agreement by 30 days written notice to the
- Disclaimer of Warranties;
- NAV CANADA does not warrant that the Application will perform uninterrupted
or error free, that any deficiency can or will be corrected, or that the functions or
performance of the Application will meet the Subscriber's requirements.
- NAV CANADA does not warrant that the Application will perform uninterrupted
- General
- Changes. NAV CANADA may from time to time, and in its sole discretion,
change the content or format of the Application in accordance with general
changes made to its standard service offering. The terms and conditions
applicable to use of the Application may be changed from time to time upon
reasonable notice to the Subscriber. - Assignment. This Agreement and any rights arising out of this Agreement may
not be assigned in whole or in part by the Subscriber without the written
consent of NAV CANADA. - Force Majeure. NAV CANADA shall not be liable for any default or delay
resulting from circumstances beyond its reasonable control. - Notifications. The Subscriber requests and authorises NAV CANADA to inform
the Subscriber from time to time of other services available from NAV CANADA. - Injunctive Relief. Since unauthorised use or disclosure of the Application
may diminish substantially the value of NAV CANADA's intellectual property
rights, including copyright, proprietary rights, and/or trade secrets
interests that are embodied in same and if the Subscriber breaches any of
the Subscriber obligations with respect to limited use of same, NAV CANADA
will be entitled to all remedies available at law or in equity to protect
their interests therein, including but not limited to injunctive relief as
well as money damages. - Jurisdiction. The terms of this Agreement shall be construed according to
the laws of and shall be subject to the nonexclusive jurisdiction of the
courts of Ontario, Canada. The Subscriber agrees to commence any action
relating to or arising from this Agreement in such courts. - Survival. Any terms which by their nature are intended to survive the
termination of this Agreement shall continue in full force and effect after
termination, which terms shall include, but not be limited to Article 3
(Restrictions) and Articles 5(b) and 5(c) (Disclaimer of Warranties;
Limitation of Liability). - Severability. The invalidity or unenforceability of any provision or
covenant in this Agreement shall not affect the validity or enforceability
of any other provision or covenant herein contained, and this Agreement
shall be construed as if such invalid or unenforceable provision or
covenant were omitted. - Action. No action, regardless of form, arising out of or pertaining to the
Application may be brought by the Subscriber more than two (2) years after
the cause of action, its discovery by the Subscriber or such time as it
should have reasonably been discovered by the Subscriber. - French Language. The parties hereby confirm their express wish that this
Agreement and all documents relating thereto be drawn up in English only.
Les parties aux présentes confirment leur volonté que le présent contrat
de même que tous autres documents s'y rapportant soient rédigés en
anglais seulement.
- Changes. NAV CANADA may from time to time, and in its sole discretion,
Revisions to the Terms
NAV CANADA may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.