FlightCHECK Terms and conditions
In this agreement;
'Account' means the client's (Your) subscription for the Service including your personal information and Password.
'Password' means the combination of Your account details and a password that will be provided by Us to You after you have accepted these Terms of Service.
'Terms of Service' means the terms and conditions contained on this page as amended on the Site from time to time including the copyright and disclaimer provisions.
'Service' means the services outlined in clause 2.
'Website' means the websites identified by the domain name www.checkflights.co.nz or www.flightcheck.co.nz
'We', 'Us' or 'Our' means FlightCHECK
'You' or 'Your' means the subscriber to the Service immediately upon completing the registration process and subscribing to the service.
‘Ad Spot’ means string of alpha-numeric characters used to reference a Ad Spot on the FlightCHECK service.
1. Disclaimers, Indemnities and Limitation of Liability
1.1 The use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will meet Your requirements, that the Service will be uninterrupted, timely, secure, or error free; nor do We warrant the results that may be obtained from the use of the Service.
1.2 We will charge you for using the Service at the published rate.
1.3 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of or from the Service is done at your own discretion and risk. We do not warrant that the information contained on, or delivered by the Site or service is correct and current and take no responsibility for any error, omission or defect therein.
1.4 We will endeavor to use due care and skill in the storage and transmission of Information and will do so in accordance with our privacy and security procedures outlined in this document, however due to the nature of the media and modes of communication used by the Service, and factors out of our reasonable control, We can not guarantee that the Information will not be received or handled other than intended. Accordingly, You understand that We can not be held responsible for the security of the data transmissions between You, the Site or Us, and the intended recipient, including but not limited to the transmission of the payment information such as credit card numbers. You agree that We shall in no event be liable to the User or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally.
1.5 To the extent permitted by law, We and our employees, agents and consultants exclude all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from the use of, or reliance on, the Information whether or not caused by any negligent act or omission. If any law prohibits the exclusion of such liability, Our liability under these Terms of Service or otherwise in connection to provision of the Services is limited to the extent permitted by law.
1.6 You agree that We are not liable for any direct, indirect, incidental, special or consequential damages whatsoever.
1.7 You agree to indemnify Us and hold Us and our officers and employees harmless from any claim or demand made by any third party due to or arising out of Your use of the Service, your violation of the Terms of Service or your violation of any rights of another.
1.8 Any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within 6 months after such claim or cause of action arose or be forever barred.
2. The Service
2.1 The Service offered by Us to You under these Terms of Service are provided from the website.
2.2 The Service will, enable you to check same day flight information as provided to us from our supplier, Flightstats.com.
We do not in any way claim the absolute quality of the information provided to use via our provider Flighstats.com.
2.3 We reserve the right to modify or suspend the Service without notice to you. You agree that FlightCHECK will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
2.4 FlightCHECK lays no claim to its network, information providers or coverage. Although FlightCHECK and its supply partners focus on providing extensive coverage, mobile networks may choose from time to time to not be a part of FlightCHECK, its supply partners, or their service providers' networks. This may result in flight information or subsequent txts not being delivered.
3. Use of the Service
3.1 In using the FlightCHECK Advertising service, you:
(a) Complete the registration process and acknowledge that you have read and accept these Terms and Conditions, as updated on the Website from time to time;
(b) Correctly and accurately enter your personal details as part of the registration process on the Website; and
(c) Abide by these Terms and Conditions and all applicable laws.
3.2 You, the client, are responsible for the content of the Ad Spots and Ad Spot that you provide using the service. You must not provide access to any Ad Spot which includes any unlawful, harassing, libellous, abusive, threatening, harmful, obscene, 'spam', 'junk mail' or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party. You agree that FlightCHECK or any of its subsidiaries will not be liable or responsible for the content and nature of the Ad Spot.
3.3 You warrant that you have agreed to receive advertising and special offers and other Ad Spot on your mobile phone as part of the Service when you TXT in to avail of the service. If you do not wish to receive such advertising or special offers or Ad Spots you must advise FlightCHECK via email or the appropriate links on the FlightCHECK website.
3.4 By way of example, and not as a limitation, the User agrees not to:
A. Use the Service in connection with chain letters, junk Speedmail, junk SMS Ad Spot, spamming or any unsolicited Ad Spot (commercial or otherwise);3.5 By using this Service you agree to tell users in all your communications or advertising of your Ad Spot that there is a charge associated with requesting the FlightCHECK service via mobile phone.
B. Harvest or otherwise collect information about others, including email addresses, without their consent;
C. Create a false identity or forged Speedmail or mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the Ad Spot;
D. Transmit through the Service, associate with the Service or publishing with the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
E. Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
F. Libel, defame or slander any person, or infringe upon any person's privacy rights;
G. Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
H. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
I. Attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
J. Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or
K. Engage in any other activity that FlightCHECK believes could subject it to criminal liability or civil penalty or judgment.
4. Privacy
4.1 You must keep Your Password and Account details confidential, and You are entirely responsible for any use of the Services or any other acts that occur under or in relation to Your Password or Account as a result of Your failure to keep Your Password and Account details secret. You agree to immediately notify us of any disclosure or unauthorised use of your Password or Account or any other breach of security.
4.2 We collect information, including the personal information provided by You to Us for purposes including:
(a) To register You for the Service and provide you with the Service;
(b) To gather general demographic information of subscribers to the Service and the use of the Service;
(c) To procure advertising on the Site and as a component of the Service; and
(d) To provide a more customised service as part of the Service.
4.3 We will not disclose your personal information to anyone except in accordance with these Terms of Service, as authorised by you or as required by law. We may, however, disclose to third parties aggregate data, provided that no individual is identifiable in such data apart from phone number.
5. Changes to the Terms and Conditions
5.1 We may change these Terms and Conditions and/or Pricing Schedule at any time and will notify you of the changes by posting the new Terms and Conditions and/or Pricing Schedule on the Site.
5.2 You agree that you will be responsible for regularly reviewing these Terms and Conditions. You will be bound by the Terms and Conditions as they appear on the Website, including any amendments.
6. Fees and Payments
6.1 In consideration for the use of FlightCHECK services, the User and/or You shall pay to FlightCHECK a transaction or subscription fee (as appropriate) for information delivered or partially delivered using any available delivery method, at the applicable rate then in effect.
6.2 All fees are payable upfront.
7. Termination
7.1 You may terminate your Account at any time by notifying us. Termination will be effective once you confirm the termination of your account by notice to us.
7.2 Upon termination of your account by you all services and information provide or stored by FlightCHECK will no longer be accessible by You.
7.3 We may terminate your Account immediately if it is our opinion that you have violated these Terms and Conditions.
7.4 At all times Ad Spots created by the Site are the sole property of FlightCHECK. Ad Spots may be re-appropriated, changed, deleted, removed from Your account or changed to a different Users account at any point without any prior or post contact with You.
8. Guarantee of Service
8.1 We in no way guarantee the validity of the information or offers provided through our service.
9. Acceptance of Terms of Service
9.1 By acknowledging that you have read and understand these Terms of Service, and prevailing of the service you are agreeing to be bound by these Terms and Conditions and that these Terms and Conditions contain the full and entire agreement covering your use of the FlightCHECK Service.
