Winglist Terms of Service

Effective January 27, 2022

Thank you for using Winglist! We're happy you're here. Please read this Terms of Service agreement and our Privacy Policy before accessing or using Winglist.

Winglist AB - winglist.aero
Org.nr: 559295-9851

1. Definitions

“Winglist” / “this site” / “we” / “us” and “our” means Winglist AB company (winglist.aero);

“Service” refers to the Website.

“Buyer” means a person who registers and/ or uses our website for the purpose of intending to purchase an item listed on winglist.aero;

“Seller” means the person who registers with us and is accepted to list an item on winglist.aero;

“You” means a Buyer or a Seller or any other person accessing, browsing or using this site or its content (and “your” shall have the same meaning);

“Listing” / “ad” / "advert" / “listed item” means an item/ aircraft listed for sale on winglist.aero;

“Content” means information in form of text, documents, images and videos uploaded to this site either by us, the sellers or any third party that has access to upload such information.

2. Acknowledgment

These are the Terms of Service governing the use of the Service and the agreement that operates between you and Winglist AB. These Terms of Service sets out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms of Service. If you disagree with any part of these Terms of Service then you may not access the Service.

You confirm that you are over the age of 18. Winglist does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy of Winglist.

We may prevent or suspend your access to this site if you do not comply with any part of these Terms, policies or any applicable law.

3. Disclaimer

This site contains information supplied by customers, suppliers, contributors and as such Winglist AB cannot make any representation or warranties as to the accuracy, completeness or validity of the information provided. Winglist cannot be held liable for any loss arising from reliance on anything set out in this site, even errors or omissions. ANY TRANSACTIONS UNDERTAKEN ON OR THROUGH WINGLIST SHALL BE AT THE SOLE RISK OF THE SELLER AND THE BUYER. We are not involved in the contracting process nor are we a party to the sale contract between the Buyer and the Seller.

We have no control over links to sites maintained by third parties. As such, we can make no representation as to the accuracy of content contained on these websites. Likewise, we have no control over the privacy policy of these websites.

All services provided by us are done so on a best-effort basis and we can offer no guarantees of performance stated or implied including guarantees that access to this site will not be interrupted or that there will be no failures or omissions in transmitted information.

4. Copyright

All images uploaded by advertisers are deemed the responsibility of the advertiser in relation to copyright issues. Advertisers should only use images for which they are either the owners or for which they have written permission or contract to use for advertising purposes.

5. General Conditions

As a condition of your use of this site, you agree:

• not to use this site for any purpose that is unlawful under any applicable law or prohibited by these terms;
• not to use this site to commit any act of fraud;
• not to use this site to distribute viruses or malware or other similar harmful software code;
• not to use this site for purposes of promoting unsolicited advertising or sending spam;
• not to use this site to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
• not to use this site in any manner that disrupts the operation of our business or the business of any other entity;
• not to use this site in any manner that harms minors;
• not to promote any unlawful activity;
• not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
• not to use this site to gain unauthorised access to or use of computers, data, systems, accounts or networks; and
• not to attempt to circumvent password or user authentication methods.
• not use foul language or write abusive comments towards any other users of this site through any communication medium this site offers
• You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site; and keeping your password and other account details confidential.

6. Your Account With Us

This site is available for users if you are at least 18 years old. In order to use this site as a Seller you must first register, and you will need to provide at least the following information:

• Name;
• Winglist username;
• Email address;
• Your country;

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

7. Listing on Our Site

If you are a Seller creating a listing on our site: you are solely responsible for the factual accuracy of, and for any judgments or opinions expressed in, the description of each listing created by you, and for any error, misstatement or omission of information in that description, as well as the condition, authenticity and quality of the listing. If you are a Seller you represent and warrant that you are the legal owner of the item you have listed or you have written permission or a contract from the owner to list on their behalf.

We reserve the right to (without prior notice):

• edit or remove incorrect information of a listing.
• edit data and text in a listing if we see that this will improve the listing quality.
• remove images to improve the listing quality.
• remove listings that are not clearly identified or incomplete.
• remove links or reference to competing websites or businesses active in the field of aircraft listing.

By posting user-generated content on winglist.aero, for example by placing a listing, you give Winglist a right to freely dispose of the user-generated content, by, for example, processing, customizing, storing or copying it and making it available to the public regardless of media channel. Winglist may also use the user-generated content for marketing purposes.

8. Seller Content and Description

The description of the listing is, to the best of the Seller's knowledge, accurate and not misleading. The Seller has full responsibility to keep the listing updated. If the Seller notifies us of any amendments to the description of the listing, we will use our reasonable endeavours to update the listing ourselves. We have no duty to the Seller or the Buyer to investigate the accuracy of the description of any listing provided by or on behalf of the Seller.

9. Making an Offer or Purchasing on Our Site

If you are a Buyer making an offer or intending to purchase an item listed on our site you acknowledge that it is your responsibility to:

• arrange an inspection of the item/ aircraft you intend to bid on;
• check the accuracy of your offer, all offers are made at your own risk;
• check the item/ aircraft at the point of collection;
• independently determine the description, ownership, value, condition, authenticity and quality of the listed item/ aircraft;

The Seller agrees to receive emails and/or calls from potential buyers via the Sellers contact information provided to the Winglist platform.

10. Remove or Temporarily Suspending Your Listing

As the seller you reserve the right to remove or temporarily suspend your listing at any time.

The rights of Winglist remain even after a listing has been removed. You hereby waive all claims for compensation from Winglist for Winglist use of the user-generated content.

11. Submitting Information to the Site

• While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential.
• Whenever you make use of a feature that allows you to upload content to this site, or to make contact with other users of our site, you must not provide content that is illegal, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate.
• Any content you upload to this site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users a limited licence to use, store and copy that content and to distribute and make it available to third parties.
• You cannot provide content that you do not have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright or any other proprietary right.
• We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to this site constitutes a violation of their intellectual property rights, or of their right to privacy.
• We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you to this site.
• We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards posted on this site.
• The views expressed by other users on our site do not represent our views or values.

12. Ownership, Use and Intellectual Property Rights

When you upload or post content or submit material to our site, you grant to us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, modify, distribute and display descriptions, images, documents and videos of your listing in connection with the service provided by this site and across different media and for the purposes of marketing and promotion of this site and Winglist AB. You represent and warrant that you own or otherwise control all of the rights to the content that you upload or post.

You guarantee that you have ensured that the persons who can be identified in the user-generated content (for example in an image or a film or only by their name) are aware of how the material will be used and that they have agreed to participate in the user-generated content and that Winglist may use the user-generated content for marketing purposes.

The Site and all intellectual property rights in it including but not limited to any content are owned by us. Intellectual property rights mean rights such as: copyright, trademarks, domain names, design rights, database rights, and all other intellectual property rights of any kind whether they are registered or unregistered (anywhere in the world). We reserve all of our right in any intellectual property in connection with these Terms of Service. This means, for example, that we remain owners of them and free to use them as we see fit.

Nothing in these Terms of Service grants you any legal rights in this website/webservice other than as necessary to enable you to access this site. You agree not to adjust to try to circumvent or delete any notices contained on this site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within this site.

13. Trademarks

“Winglist” and our logo are our trademarks. Other trademarks and trade names may also be used on our site. The use of any trademarks on our site is strictly prohibited unless you have our prior written permission.

If you are a broker using our site for the purposes of listing an item/ aircraft, you may display your trademarked logo on our site.

14. Accuracy of Information and Availability of This Site

While we try to make sure that this site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that this site will be fit or suitable for any purpose. Any reliance that you may place on the information on this site is at your own risk.

We may suspend or terminate operation of this site at any time as we see fit.

While we try to make sure that this site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.

15. Hyperlinks and Third-party Sites

This site may contain hyperlinks or references to third party websites other than this site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the Terms of Service of that third-party site.

You may create a link to our site from another website without our prior written consent provided no such link:

• creates a frame or any other browser or border environment around the content of our site;
• implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our site; or
• displays any of the trademarks or logos used on our site without our permission or that of the owner of such trademarks or logos.

We reserve the right to require you to immediately remove any link to the site at any time, and you shall immediately comply with any request by us to remove any such link.

16. Taxes

We are not responsible for determining whether tax applies to any transaction between users, or for withholding, collecting, reporting, or remitting any tax arising from any Listed Item(s). We do not give tax advice, and nothing we say or do should be interpreted as such. The payment and collection of applicable taxes (including income, sales, excise, import, export, VAT and other taxes or duties associated with the purchase/use and sale/solicitation of any Listed Item(s)) must be, and are, the exclusive responsibility of the buyer and seller, as applicable. Generally speaking, it is the Seller's responsibility to determine what taxes, if any, apply to a transaction and to collect, report, and/or remit the correct tax to the appropriate tax authority; however, to the extent that you have any questions about your own payment, collection, reporting or remittance obligations, you should consult a qualified tax advisor.

17. Financing, Shipping, Insurance and Other Services

We may provide links on our Site or Services to other websites operated by third-party providers or affiliates who provide various services or other offerings, including, without limitation, financing, shipping, and insurance services, pricing tools, and other offerings that might be of interest to you, and only for the convenience of our users. We will not be liable for any acts or omissions of any such third-parties or affiliates, whom you use at your own discretion and risk. Your access to and use of our other websites and third-party or affiliate services and websites may be subject to the applicable Terms of Service of that respective website, third-party or affiliate.

18. Translations

For all purposes, the English language version of these Terms shall be the original, governing instrument and understanding of the parties. In the event of any conflict between the English language version of these Terms and any subsequent translation into any other language, the English language version shall govern and control.

19. International Availability

Winglist is accessible worldwide but the site is intended for use by those who can access it from within the EU. If you choose to access the site from locations outside the EU, you are responsible for compliance with local laws, rules and regulations where they are applicable, in addition to these Terms of Service.

20. Liability

Winglist cannot be held liable for any loss arising from reliance on anything set out in this site, even errors or omissions. We are not involved in the contracting process nor are we a party to the sale contract between the Buyer and the Seller. Winglist do not take part or any responsibility in disputes between Seller and Buyer.

21. Disputes Resolution

If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Winglist AB.

22. Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

23. Jurisdiction and Applicable Law

The courts of Sweden will have exclusive jurisdiction in relation to these terms and Swedish law will apply to these Terms of Service.

24. Withdraw of Consent

To withdraw your consent to these Terms of Service you need to delete your Winglist profile account at your Winglist profile page and the Personal Data tab.

25. Contact Us

Questions about the Terms of Service? Contact us.