last updated: 01 january 2017
Welcome to Bis Defendor! We are a subscription service offering our members access to the Safety Management tool which automates the processes for safer flights through the Internet, for computers and other mobile devices connected to the Internet and through a web app that allows your off-line usage and data synchronization when connecting to the Internet.
These Terms of Service gobern the use of our service. As expressed in this document, "the service of Bis Defendor", "our service" or "the service" refers to the service provided by Bis Defendor to manage risks, report hazards and classify them, including all features and functionalities, platform and user interfaces, and all content and software associated to our service.
This Terms of Service document is an agreement that must be accepted to use the services of bisdefendor.com. This is a legal agreement("Agreement") between You and Bis Defendor SPA. ("Company"), for the use of the services provided by bisdefendor.com. "You" means the person who has registered and/or provided the bisdefendor.com platform with your credit card information or other payment mechanism for the Services, or if the services are purchased on behalf of an entity by an individual authorized to purchase the Services of that entity, then "You" refers to that entity.
"You" also means the user who accept the invitation to participate of the system.
If you accept these Terms of Service on behalf of a company or other legal entity, you declare that you have the authority to bind such entity to the Bis Defendor's service policies. In this case, the terms "you" or "your" also refer to that entity, your staff and yours, as appropriate. If you doo not have this authorization, or if you do not agree with these Terms of Service, you will not be able to use the service. You acknowledge that these Terms of Service are a contract between you and bisdefendor.com, even though it is electronic and not physically signed by you and bisdefendor.com, and governs your use of the Service.
The violation of any of the Terms of Service may result in termination of your account.
The company may, in its sole discretion, modify the characteristics of the Services at any time, without prior notice. Bis Defendor reserves the right at any time to modify, temporarily or permanently discontinue the Service (or any part thereof) with or without prior notice. You agree that Bis Defendor will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
If any user submits any comments or suggestions about the service, you grant Bis Defendor an unlimited, irrevocable, perpetual and free license to use any tip or suggestion for any purpose without any obligation to you.
By completing the service registration process, you are responsible for maintaining the confidentiality of the password and account. You are fully responsible for all activities that occur under your password or account. You agree to (A) Immediately notify Bis Defendor of any unauthorized use of your password or account, or any other breach of security; and (B) Ensure that you exit your account at the end of each session.
You may not use the service for any purpose that is unlawful or in violation of the laws in your jurisdiction, the jurisdiction of the Republic of Chile or in any way that is intentionally or unintentionally any applicable local, state, national or international law.
We do not claim any intellectual property right over the data and materials you provide to the service. All data and materials submitted remain yours.
"Data" means any information or content that you upload, post, transmit or otherwise make available through the services, including messages you send, upload files, comments made to files, profile information, and anything else you enter or upload to the service. Bis Defendor will make every effort to ensure that all facilities used to store and process your data comply with a high standard of security.
In order for us to provide service to you, we need you to grant us certain rights with respect to your data. For example, we need to be able to transmit, store, and copy your data to show you and your coworkers, index them so they can fetch them, back up to avoid data loss, and so on. Your acceptance of this TOS ( Terms of Service ) gives us permission to do so and grants us all the necessary rights to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes permission to use third-party service providers (eg, Amazon Web Services) in the operation and administration of the service and the rights that we are granted extend to such third parties to the extent necessary for the service to be fulfilled. Depending on the service, this may involve moving your data across jurisdictional lines, or across the borders of the country
The Company may transfer your information for certain purposes and to third parties as follows:
You cannot use the Bis Defendor platform to:
We reserve the right to cancel any account that violates these terms.
You are not required to purchase any of the services. If you choose to purchase additional service packages or services, we provide the purchase through PayPal where you can pay with the credit card you have selected.
You should be very cautious about communications requesting your credit card or other information from your account. If you provide this information to a request of this type, you may be a victim of identity theft. Always access your sensitive account information by going directly to the Bis Defendor platform and never through an email hyperlink or any other type of communication, even though it looks official. Bis Defendor reserves the right to cancel an account at any time with or without notice to the member in order to protect himself and his partners from what he considers to be fraudulent activity. Bis Defendor is not obliged to grant credits or discounts to a member account for suspensions made by a Bis Defendor representative or by automated processes of Bis Defendor .
You agree that Company may charge your credit card selected by you and approved by the Company to your prepaid account (called "Your Account") and all amounts due from the Services, any other fees or charges associated with your use of the Services. If there are annual, monthly or similar periodic subscription fees, these fees are automatically charged to the designated credit card during the registration service process or thereafter designated by the Company, at the beginning of the subscription period and at the beginning of each renewal period, unless you end your subscription before the relevant period begins.
Prices for all services are subject to change at any time. The company will endeavor where possible to give prior notice. This notice can be provided at any time and posted to changes on the Bis Defendor platform or on the service itself.
All payments authorized by you to your account are final. There will be no refund of your account, regardless of whether or not you use the services.
With respect to your purchase and / or use of the service, you may be subject to taxes, including, without limitation, sales and use taxes, by any authority having jurisdiction to impose such taxes. You agree that the obligation and payment of such taxes will be your sole and absolute responsibility and you agree to indemnify Bis Defendor as long as Bis Defendor incurs obligations or other liabilities related to such taxes.
You agree that in the event that Bis Defendor can not collect the pending for Bis Defendor because of the Services through your Account, Bis Defendor may take any other action deemed necessary to collect such fees and will be responsible for all costs and expenses incurred by Bis Defendor in connection with such collection activity, including collection fees and legal costs. You also agree that Bis Defendor may charge interest of at least 1.5% per month or the maximum amount allowed by law for any amounts that were not paid at maturity.
Services provided by Bis Defendor allow to increase or decrease the your levels of service.
If you increase your level of service from one plan to another with a higher price, Bis Defendor will charge in the following manner:
If you decrease your service level from one package to another with a lower price, Bis Defendor will charge you as follows:
You are solely responsible for properly canceling your subscription. A request by email or phone call asking you to cancel your subscription is not considered cancellation. You can cancel your subscription at any time by going to the configuration screen, clicking Subscription, and then clicking Cancel Subscription.
All content will be available until the last day contemplated in the current payment, after that you will only have access to the downloadable area of available reports. Other information may be recovered by reactivating the account.
Bis Defendor, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the service, for any reason, at any time. Such termination of service will result in the termination or deletion of your Account or your access to your Account and the forfeiture and waiver of all content in your account. Bis Defendor reserves the right to refuse service to any person for any reason, at any time.
The functions available through Bis Defendor services are intended for normal use of the software. Abuse of features may result in prohibition or termination of service. (For example, do not use the reply-to address in automated email systems, such as Google Alerts, etc.).
In extreme cases, we reserve the right to temporarily suspend your account if your use significantly exceeds the average usage of other customers of the service and / or there is a danger that the use of services is causing disruption to other users. We will always try to contact the account owner before taking any action, except in exceptional cases where the level of use may adversely affect the performance of the service to other customers.
In addition to using the services as permitted under the terms and conditions of this Agreement or other written agreements between you and Bis Defendor, you may not resell, distribute, commercially exploit or use sharing expenses with another company or in a service office.
The subscription must be made separately and exclusively for each company
Bis Defendor and / or its suppliers, as the case may be, will retain ownership of all proprietary rights of the Services and all trade names, trademarks and service marks associated with or displayed with the Services. You shall not delete, turn off, or obscure any of the copyright notices or trademarks of Bis Defendor or its suppliers, nor any legends or other proprietary notices incorporated therein or associated with the Services. You may not reverse engineer, reverse-compile, or otherwise reduce to a human-readable format any software associated with the services.
Disclaimer: No opinions, advice or statements made by us or our affiliates, licensors, suppliers, agents or visitors, whether made on our platform or otherwise, or the results of any operation of the service by you constitute representations or warrants to us or gives rise to Rights of Trust or otherwise to benefit you or any third party. You are responsible for implementing procedures and control points sufficient to meet your particular needs for the accuracy of input and output data and for the maintenance of an external medium to this location for the reconstruction of any data loss. We do not assume any responsibility, risk or obligation for the use of our Service and the Internet. ANY AND ALL SERVICES PROVIDED BY US TO YOU, ARE PROVIDED"SUCH AS" WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT, IN ADDITION TO ALL WARRANTIES THAT MAY RESULT FROM THE COURSE OF TRADING, COURSE OF PERFORMANCE OR COMMERCIAL USE.
The applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. WE AND OUR AFFILIATES, LICENSORS, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT THE USE OF OUR PLATFORM OR MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR PLATFORM, THE SERVER (S) OR OUR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Without limiting the generality of the foregoing, we disclaim all liability for any damage or other impact on your computer, hardware, software, data or other information or materials, whether caused or related (directly or indirectly) to the use of the service , including claims related to a defective or inoperative service.
Limitation of Liability IN NO EVENT WILL NOR ANY OF OUR AFFILIATES, LICENSORS OR AGENTS, OR OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES ("INDEMNIFIED PARTIES"), BE LIABLE FOR ANY INDIRECT, ACCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR PUNITIVE DAMAGES FOR LOSS OF PROFITS, PROFITS, BUSINESS, SAVINGS, DATA, USE OR COST OF SUBSTITUTES INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE.
YOUR SOLE REMEDY OF DISSATISFACTION WITH OUR PLATFORM, MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THEM. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ALL COLLECTIVELY INDEMNIFIED PARTIES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, OFFENSE (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, BY ACCESSING OR USING OUR PLATFORM OR OUR MATERIALS. THE USE OF OUR PLATFORM AND ANY MATERIAL PROVIDED THROUGH OUR PLATFORM IS TOTALLY AT YOUR OWN RISK.
You acknowledge that the limitations of liability in these Terms and risk allocation in this document are an essential element of the negotiation between you and Bis Defendor, without which we would not have provided the Service. Our prices reflect this risk allocation and limitation of liability specified in this document.
Errors. There is a possibility that our platform or materials may contain inaccuracies or errors or information or materials that violate these Terms. In addition, there is a possibility that unauthorized changes may be made by third parties to our platform or materials. While we try to ensure the integrity of our platform, we make no warranty as to its completeness or accuracy. If a situation where the integrity or correctness of our platform is in question, please contact us through our contact provided on our "Help" or "Error reporting" pages, on the platform or by the Web App with, if possible, a description of the material to be checked and the area in which such materials can be found on our platform.
If you have any questions about this Agreement or if you wish to discuss the Terms of Service contained in this document, please contact Bis Defendor SPA through the contacts on our contact page.
last updated: 01 January 2017
After the end of the Test Period, there will be no charges of any kind and you will not be able to continue using our services.
However, after the end of the Test Period, you will find the Payment Plan values (under the Prices menu) and the next steps to renew your subscription and continue to use our platform.
The billing will be monthly, according to the information you provided at the time of contracting your Payment Plan, from the date of your signature and the respective document will arrive at your email, once verified the payment.
Finally, you should be aware that you can cancel your subscription at any time by going to Settings Signing - within the logged in area and then "Cancel account". Once your subscription has been canceled, your account will remain in effect until the last day of the payment period, with no refund, and once your account expires, your account will be disabled.
You can also reactivate your account by accessing the invitation on the screen when you log in to the system again.
last updated: 01 January 2017
We do not store any personally identifiable information about people with two exceptions:
In order for visitors to our platform and web app to see certain pages, we need contact information (such as name and email), which will be specifically requested. In such cases the information collected will be used to answer questions asked through the contact form or notify via newsletter about new content or services on our site.
Any information that is delivered to us will be stored and administered with the utmost care and will not be used in a way that you have not consented to. We will not sell, rent or exchange such personally identifiable information with any other organization or entity. Notwithstanding court orders or legal process or where such disclosure is made to establish or exercise legal rights or defend against a lawsuit or as required by law, we may disclose personal information.
If you no longer wish to receive correspondence and / or emails, please let us know by sending an email or writing, expressing your will that you no longer wish to receive correspondence and / or email, stating your name , postal address and / or e-mail address. We will make sure that your name is removed from our mailing list. It is also possible to do the descadastro automatically from the link at the end of the message sent by Bis Defendor.
Like many other sites, we also measure the performance of our platform to enhance it and personalize it for our visitors. During your visit, we may collect and temporarily store some information about your platform and web app navigation. This information may include information such as your IP address, browser type, referring pages / URLs / domain names, existing page views, and the date and time of navigation, and other information that uniquely identifies your browser. This information is used for system administration and for the production of usage statistics. We can entrust the performance measurement described to third parties. Third parties will be required to use the appropriate security and confidentiality measures.
Our platform and web app can deposit certain bits of information, called"cookies" on the visitor's computer. Generally, a cookie assigns a unique number to the visitor who has no meaning outside the assigned site. Cookies can tell us how, when and how many visits occur on a site. This technology does not collect identification information from an individual visitor; but in an aggregate manner. The purpose of this technology and the information provided through it is to help us improve our platform and web app. Most browsers allow the user to reject or accept the cookie feature. However, please note that cookies may be required to provide certain features (for example, customized delivery of information) available on our platform. You can find more information about cookies at:
At the user's request, we will delete all user data on the platform. All data deleted from the user will be retained for an additional three months (no connection) prior to deletion.
Although we have taken the necessary steps to provide a secure platform and web app, we can not be held responsible for any interruptions, intrusions, errors, data loss or any other interference with the use of this platform caused by a security breach.
Under no circumstances, including negligence, will we be liable for any special or consequential damages resulting from the use or inability to use the platform, web app and materials on them.
Notwithstanding the foregoing, under no circumstances will our total liability exceed the amount paid by you, if any, to access this platform and web app.
For any questions or to request the modification or deletion of your personal information, please send an e-mail to email@example.com.
We have created Bis Defendor as a software designed to strengthen the safety of the entire aeronautical system. One of the fundamental pillars for this to be effective is to count on an increasing volume of information, allowing to describe and follow the behavior of the history of operational safety. The exchange of safety information plays a key role, allowing you to learn from the experiences of others and share your own, thus gaining a solid foundation of knowledge.
For this, we have determined as a key point that Bis Defendor collects, stores and shares the safety information extracted from the reports made in the system, for safety purposes and without reference to the identification information of the to the company or to the aircraft involved, except in cases established by law.