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  1. BACKGROUND
    1. Aeropath Limited (we or us) is responsible for the publication and distribution of the New Zealand Aeronautical Information Publication and associated documents (AIP) on behalf of the New Zealand Civil Aviation Authority (CAA). These terms set out the contractual terms and conditions under which we supply the AIP and other products to you via this website.
  1. SALE AND PURCHASE OF GOODS
    1. You must pay for your purchases at the time of purchase. We will only deliver your purchases to you once we have successfully received your payment.
    2. Following payment, we will dispatch your purchases for delivery. Please allow 3 working days for arrival of the any physical purchases to New Zealand addresses, and 10 minutes for digital purchases. We will not be liable for delay in delivery of your purchases due to circumstances beyond our reasonable control. 
    3. We reserve the right to refuse any order placed by any person in our sole discretion.
  1. ACCURACY OF INFORMATION
    1. The information contained in the AIP is collated from a variety of sources that we consider to be as reliable as possible at the time of publication. Although we take great care in compiling this information, neither we nor the CAA will be responsible for the accuracy of the information contained in the AIP. This includes, but is not limited to, any errors or omissions, the adequacy of the information, or the notification of Amendments or Supplements to the AIP.
    2. The information contained in other products available on this website is also collated from a variety of sources that we consider to be as reliable as possible at the time of publication. Although we take great care is taken in compiling this information, we are not responsible for the accuracy of the information contained in these products.
  1. CONDITIONS OF USE OF THE AIP AND OTHER PRODUCTS
    1. You must use the AIP and other products available on this website in a manner consistent with all applicable laws and regulations, and safe and prudent navigation practices.
    2. Unless you have our express written permission, you may not extract, copy, reproduce, modify, adapt, distort or vary the AIP or any other product available on this website by any means or in any form. Any unauthorised use of the AIP or other products may be a violation of copyright and is prohibited.
  1. LIMITATION AND EXCLUSION OF LIABILITY
    1. We will have no liability for loss, damage or delay (including consequential, financial or economic loss, and claims for indemnity or contribution) suffered or incurred by you or any other person, whether such liability arises in contract or in tort or in any way howsoever, in respect of or arising out of or in any way connected with the provision of any product available on this website except as follows: 
      1. In the case of claims for loss or damage to the hull of any aircraft, our liability (if any) will be limited to the direct cost of repair or replacement up to the insured value of such aircraft.
      2. In the case of claims arising from the death of or injury to any person, our liability (if any) will be limited to the equivalent of 113,100 Special Drawing Rights per person.
      3. In the case of claims in respect of loss of or damage to passengers’ baggage, our liability (if any) will be limited to 1131 Special Drawing Rights for each passenger.
      4. In the case of claims in respect of loss of or damage to cargo, our liability (if any) will be limited to 19 Special Drawing Rights per kg of cargo.
    2. The sums mentioned in this clause are subject to abatement in accordance with our proportion of responsibility (if any) for the event giving rise to the claim.
    3. Nothing in this clause shall be construed as any indication or acceptance by us of any liability in any respect for any amount.
    4. In respect of any third party claim, action, demand or proceeding against us, you undertake and agree to indemnify us to the extent that such claim, action, demand or proceeding arises out of any wrongful act, neglect or default by you.
    5. You acknowledge and agree that the limitations of liability set out in this clause are extended for the benefit of both us and the CAA, and are intended to be enforceable by both these parties jointly and severally.
    6. If there is any printing defect or other manifest error in your purchase (for example, pages printed upside down or corrupted electronic files), our liability will be limited to providing a replacement with the defect or error corrected.
    7. In this clause, the term “Special Drawing Rights” refers to the Special Drawing Right as defined by the International Monetary Fund. Conversion of the sums into New Zealand currency will, in the case of judicial proceedings, be made according to the value of New Zealand currency in terms of the Special Drawing Right at the date of judgement.
  1. WEBSITE ACCOUNT
    1. You must provide accurate information when setting up an account on this website. You must update your information when required so that it remains accurate.
    2. You must keep your log on credentials (including password) secure. You must not permit any other person to use your log on credentials. If you become aware that your log on credential may have been compromised, you must notify us immediately by email to mailto:aim@aeropath.aero.
  1. GENERAL
    1. You agree to these terms each time you make a purchase via this website. We may update or replace these terms at any time by updating the terms on this website. The updated or replacement terms will apply to your next purchase. The current version of these terms is version 2 and were last updated on the 6th December 2017.
    2. You also agree to our Privacy Policy each time you make a purchase via this website. This is available here.
    3. These terms constitute the entire agreement between us and you in relation to the sale and purchase of any product via this website.
    4. These terms are governed by the laws of New Zealand and we both submit to the non-exclusive jurisdiction of the courts of New Zealand.
    5. We will not have any liability or responsibility for any third-party links contained on this site, or any materials, products, or services of third-parties.
    6. You must not interfere with this website in any way that may compromise the functioning of this website (for example, hacking or uploading viruses or other malware).
    7. Unless you have our express written consent, you must not copy, scrape, data mine or otherwise extract our data, copyrighted material or other information from this website.
    8. If we need to contact you, we may do so by email or by posting a notice on this website. You agree that this satisfies all legal requirements in relation to written communications.
    9. For us to waive a right under these terms, the waiver must be in writing.
    10. If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.