Terms & Conditionss
www.airpartner.com
("Our Site") is a site owned by Air
Partner plc ("Air Partner"). This page,
together with the documents referred to in it, tells you the terms on which you
may make use of
Our Site, whether as a
guest, customer or a registered user.
Please read these terms of use (the "Terms") carefully before you start to use Our Site. By using Our Site, you indicate that
you accept these Terms and that you agree to abide by them. If you do not agree to these Terms,
please refrain from using Our Site.
1.
Definitions and Interpretation
1.1
In these Terms, the following terms shall have the meanings assigned to
them:
"Content": all documents, materials,
text, images, photos, audio, video and all forms of data, media or communication
in Our Site;
"Service": any service which we may
provide through Our Site;
"Third Party Content": all content
that is made available on Our Site by parties other than us;
"Third Party Site": any internet web
site not controlled by us;
"User": anyone who accesses, browses
or in any way uses Our Site;
"you": you, as a User of Our Site,
whether registered or not, and "your"
shall be construed accordingly;
"Your Account": any account relating
to Our Site which is created by you for your use in accordance with these Terms;
and
"we" or "us": Air Partner plc and "our" shall be construed accordingly.
2.
Accessing Our Site
2.1
Access to Our Site is permitted on a temporary basis and we reserve the
right to:
2.1.1
withdraw or amend any Service we provide on Our Site without notice; and
2.1.2
restrict access to some or all of Our Site,
and we will not be liable if for any
reason Our Site is unavailable at any time or for any period.
2.2
If you choose, or you are provided with, a user identification code,
password or any other piece of information as part of our security procedures,
you must treat such information as confidential, and you must not disclose it to
any third party. We have the right
to disable any user identification code or password, whether chosen by you or
allocated by us, at any time, if in our opinion you have failed to comply with
any of the provisions of these Terms.
2.3
You are responsible for making all arrangements necessary for you to have
access to Our Site. You are also
responsible for ensuring that all persons who access Our Site through your
internet connection are aware of and comply with these Terms.
3.
Conditions Of Use
3.1
You agree to abide by all applicable local, national and international
laws and regulations including rules regarding online conduct and acceptable
content, and the export of data from the United Kingdom or your country of
residence.
3.2
You are solely responsible for your conduct and any Content that you
submit, post or upload to Our Site.
You are also responsible for all acts or omissions that you perform under Your
Account. By way of example, and not
as a limitation, you agree NOT to:
3.2.1
use other Users' personal data for purposes other than establishing
contact that is reasonably expected to be welcomed by them Users;
3.2.2
modify, adapt, reverse engineer, appropriate, reproduce, distribute,
translate, create derivative works or adaptations of, publicly display, sell,
trade, or in any way exploit Our Site or any Content (other than Your Account),
except as expressly authorised by us;
3.2.3
use any robot, spider, site search/retrieval application, or other
automated device, process or means to access, retrieve, scrape, or index Our
Site or any Content;
3.2.4
take any action that imposes or may, in our sole discretion, impose an
unreasonable or disproportionately large load on our technology infrastructure;
or
3.2.5
remove, circumvent, disable, damage or otherwise interfere with any
security-related features of Our Site, any features that prevent or restrict the
use or copying of Content, or any features that enforce limitations on the use
of Our Site.
3.3
We may, but shall have no obligation to, remove or limit your access to
any Content and/or Our Site if we determine in our sole discretion that your use
of Our Site is unlawful, fraudulent, obscene or otherwise objectionable, or
infringes or violates any third party's intellectual property rights or these
Terms.
4.
Reliance on Information Posted
Content posted on Our Site is not
intended to amount to advice on which reliance should be placed. In addition to the limitations
contained in these Terms, we disclaim all liability and responsibility arising
from any reliance placed on such content by any User, or by anyone who may be
informed of any of its contents.
5.
Intellectual Property Rights and Copyright
5.1
We are the owner or the licensee of all intellectual property rights in
Our Site and its Content. Those
works are protected by copyright laws and treaties around the world. All such rights are reserved.
5.2
Except as expressly and unambiguously provided herein, we do not grant
you any express or implied rights.
5.3
Subject to clauses 5.4 and 5.5 of these Terms, you may not post, modify,
distribute, or reproduce in any way any Content or copyright material, trade
marks, or other proprietary information belonging to others without obtaining
the prior written consent of us or where applicable, the owner of such
proprietary rights.
5.4
You may print off one copy and may download extracts of any page(s) from
Our Site for your personal use and reference only.
5.5
Our status (and that of any identified contributors) as the authors of
the Content must always be acknowledged.
5.6
If you print off, copy or download any part of Our Site in breach of
these Terms, your right to use Our Site will cease immediately and you must, at
our option, return or destroy any copies of any Content that you have made.
6.
Liability
6.1
Subject to clause 6.5 of these Terms, we do not guarantee (and we
therefore expressly disclaim) that Our Site will be:
6.1.1
safe, secure, always available and fully functional;
6.1.2
free from error, interruption, suspension, or termination;
6.1.3
that any Service or the server that makes it available are free of
viruses or other harmful components; or
6.1.4
that the use of any Service or the Content made available as part of any
Service will be correct, accurate, timely, or otherwise reliable,
and accordingly your use of Our Site
is at your sole risk.
6.2
The Content is provided 'as is,' 'with all faults', 'as available', with
no warranties whatsoever and we disclaim any and all responsibility or liability
for its, content, completeness, legality, reliability, or operability or
availability.
6.3
Subject to clause 6.5 of these Terms, to the extent permitted by law,
under no circumstances will we be liable to you for any damages or losses
however incurred, whether based in contract, tort, strict liability, or
otherwise, arising out of or in connection with any matter listed in clause 8.1,
whether or not we has been advised of the possibility of such damages or loss. Such limitation of liability shall
also apply to:
6.3.1
damages arising from any use or misuse of and reliance on Our Site or any
Content;
6.3.2
any inability to use any Service that we may provide through Our Site; or
6.3.3
any and all responsibility and liability for the conduct of any other
User.
6.4
If you are dissatisfied with any Service or any part thereof, your sole
and exclusive remedy is to discontinue using any Service and its related
website. Subject to clause 6.5 of
these Terms, under no circumstances shall we be liable to you for any amount
exceeding £100.00.
6.5
Nothing in this clause 8 affects any liability of ours which cannot be
excluded or limited under applicable law.
7.
Hold Harmless and Indemnity
7.1
You agree to hold harmless and indemnify and at our request defend us
from and against any claim or demand made by any third party due to or arising
out of:
7.1.1
your access to, or use of, Our Site;
7.1.2
your breach of these Terms; and
7.1.3
any infringement by you, or any third party using Your Account, of any
intellectual property rights or other rights of any person or entity.
7.2
We reserve the right, at your expense, to assume the exclusive defence
and control of any matter for which you are required to indemnify us and you
agree to cooperate with our defence of any such claim. You agree not to settle any matter
without our prior written consent.
We will use reasonable efforts to notify you of any such claim, action or
proceeding upon becoming aware of it.
8.
Termination of Your Account
8.1
These Terms, together with any additional terms which we may invoke from
time to time, will apply to your use of Our Site and at any time, you or we can
terminate Your Account for any reason.
8.2
Our proprietary rights, disclaimer of warranties, indemnities,
limitations of liability and miscellaneous provisions shall survive any
termination of your registration or membership.
8.3
We may also, in our sole discretion and at any time, discontinue
temporarily or permanently providing access to Our Site or any Service, with or
without notice. You agree that any
termination or suspension of access to Our Site may be effected without notice,
and you acknowledge and agree that we may immediately deactivate or delete Your
Account and all related information and files in Your Account and/or bar any
further access to such files or any Service.
8.4
Where possible, we will use reasonable efforts to give you and any User,
fair notice of termination or suspension of their access to any Service. Further you agree that we shall not
be liable to you or any third party for any termination or suspension of access
to any Service or modification of any Service.
8.5
In the event of any termination, whether by you or us, clauses 5, 6, 9
and 12 of these Terms will continue in full force and effect.
9.
Privacy & Personal Information
9.1
The use of personal information is governed by our Privacy Policy.
9.2
Information collected in connection with your use of Our Site or any
Service may be processed and stored in the United Kingdom, or other countries
where we maintain facilities. If you
live outside the United Kingdom and use Our Site or any Service, you expressly
consent to the transfer to the United Kingdom of the personal information you
provide to us, or such other countries as we may disclose from time to time. Additionally, you agree that we may
use your User name to authenticate you on any Service provided by us.
10.
Changes to these Terms
10.1
These Terms may be modified by us at any time. When changes are made, we will notify
you by making the revised version available on Our Site. You should revisit these Terms on a
regular basis as revised versions will be binding on you. Any such modification will be
effective upon their posting.
10.2
Your continued use of Our Site after any posted modification to these
Terms indicates your acceptance of the modification.
11.
Compliance
We reserve the right to take any
legal or technical remedies to prevent the breach of these Terms and to protect
any Service, Users and our rights and property.
12. Miscellaneous
12.1
We may provide you with notices regarding any Service or these Terms by
email or postings to Our Site.
12.2
No agency, partnership, joint venture, or employment is created as a
result of these Terms and you do not have any authority of any kind to bind us
in any respect whatsoever.
12.3
Except as otherwise stated above, nothing herein is intended, nor will be
deemed, to confer any rights or remedies upon any third party.
12.4
These Terms, together with any documents referred to herein, contain the
entire agreement between you and us regarding the use of Our Site and supersede
any prior agreement between us on such subject matter. Neither party may rely upon any
representation made but not expressly contained in these Terms.
12.5
The failure by us to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision.
12.6
You shall not assign these Terms or assign any rights or delegate any
obligations hereunder, in whole or in part, whether voluntarily or by operation
of law, without our prior written consent.
Any such purported assignment or delegation will be null and void and of
no force or effect.
12.7
These Terms and any claims or disputes, whether contractual or
non-contractual, arising from them will be governed by and construed in
accordance with the laws of England and Wales and the parties hereby submit to
the exclusive jurisdiction of the courts of England.
12.8
If for any reason a court of competent jurisdiction finds any provision
or portion of these Terms to be unenforceable, the remainder of these Terms will
continue in full force and effect.
12.9
Any of our affiliates and intended third party beneficiaries of these
Terms may enforce any of their terms and exercise any of the rights to the same
extent as we may.
12.10
Without limiting the foregoing, under no circumstances shall we be held
liable for any delay or failure in performance resulting directly or indirectly
from acts of nature, forces, or causes beyond our reasonable control, including,
without limitation, Internet failures, computer equipment failures,
telecommunication equipment failures, other equipment failures, electrical power
failures, strikes, riots, insurrections, civil disturbances, shortages of labour
or materials, fires, floods, storms, explosions, acts of God, war, governmental
actions, orders of domestic or foreign courts or tribunals, non-performance of
third parties, or loss of or fluctuations in heat, light, or air conditioning.
13.
Your Concerns
If you have any concerns about
material which appears on Our Site, please contact fast@airpartner.com