Terms & Conditions

This document (and the other documents it refers to) and the Website Statement of Conduct contain the Terms and Conditions on which you as a customer may use www.flightavail.com (the “Website”), whether as a guest or a registered user (the “Terms”). The Terms are a legally binding contract between you and FlightAvail (“FlightAvail”). The contract sets out your rights and responsibilities when you use the services provided by us, which may include, but is not limited to, our mobile app, web application, website and any other services (collectively, the “Services”) so please read it carefully.

You will be deemed to have accepted these Terms when you visit the Website and/ or whenever you use any of our Services.

YOUR PRIVACY

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services, and it’s also a part of our Terms, so please read it here Privacy Policy. By visiting the Website and/or using the Services, you consent to our processing of your personal information as described in our Privacy Policy, and you warrant that all data provided by you is accurate.

CREATING AN ACCOUNT ON THE WEBSITE

You may be required to create an account with flightavail.com to use some of the Website’s services. Here are a few rules about creating and using accounts with us.

To create an account with us, you will need to input your name and mobile number on the website. We will ins some cases generate a One Time Password (“OTP”) comprising [#] digits and send this to your mobile phone. To validate your identity, you will need to input the OTP code into our website when prompted in order to complete the account registration process.

When creating an account. The information you provide to us at this login stage, and in your account in general, must be accurate. You are not permitted to use false information or impersonate another person or company through your account and doing so if a breach of the Terms.

  • You are responsible for your account. You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you register as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.
  • As we mentioned above, you are solely responsible for any activity on your account, so it’s important to keep your account password and any device from which you access the Services secure. If accessing the Website/ Services via a mobile device, we recommend that you do not jailbreak or root the device (this is the process of removing software restrictions and limitations imposed by the official operating system of your device as doing so could make your device vulnerable to malware, viruses or malicious programmes, compromise your device’s security features and may affect the functionality of the Services.
  • These Terms do not create any agency, partnership, joint venture, employment or franchisee relationship between you and www.flightavail.com

YOUR USE OF THE WEBSITE/ OUR SERVICES

We allow access to our Website/ the Services on a temporary basis and we reserve the right to withdraw, restrict or change our Services at any time and without notice. We will not be liable if for any reason the Services are unavailable at any time or if the content is changed or out of date.

You must treat as confidential any user identification code, password or other security feature in relation to the Website/ the Services. If, in our opinion, you aren’t complying with the Terms, we have the right to disable any such code, password or feature at any time.

It is your responsibility that anyone who accesses the Website/ the Services through your internet connection is aware of these Terms and complies with them. We grant you a limited, non-exclusive, non-transferable and revocable licence to visit the Website/ use the Services—subject to the Terms and the following restrictions:

  • You agree that you will not violate any laws in connection with your visiting the Website/ use of the Services. This includes any local, national and international laws that may apply to you.
  • You are responsible for paying any fees that you owe to St. Gregorios Marketing. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through the Website/ our Services.
  • You agree not to “crawl,” “scrape,” or “spider” any aspect of the Website/ the Services or to reverse engineer or attempt to obtain the source code of the Services. You shall not misuse the Website/ the Services by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website/ the Services, the server on which the Website is/ any of the Services are stored or any server, computer or database connected to the Website/ Services. You must not attack the Website/ Services via a denial-of-service attack or a distributed denial-of service attack. By failing to comply with this provision, you would commit a criminal offence and your right to access the Website/ use the Services will cease immediately and we will report your actions to the relevant authorities.
  • You agree not to interfere with or try to disrupt the Website/ Services, for example by distributing a virus or other harmful computer code.
  • The name flightavail.com and other marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of flightavail.com in UK and other countries. You require our express written permission to use our trademarks, service marks or trade dress.
  • We will provide you with certain legal information in writing. By using our Services, you’re agreeing that we may provide you information electronically (by email via text message, etc.) instead of mailing you paper copies, and that your electronic agreement is equal to your signature on paper.

PAYMENT

Your payment for goods and services purchased through our website shall be using your credit or debit card or any other payment method that we may account via Barclay’s Bank secure Payment Gateway. We do not process nor store your payment details as we process through third-party Payu & Paypal.

INTELLECTUAL PROPERTY RIGHTS

Save as described elsewhere in the Terms, we are the owner or the licensee of all intellectual property rights in the Website / the Services and are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the Website/ the Services for commercial purposes without a licence from us or our licensors. You may not reproduce in any format (including on another website or mobile app) any aspect of the Website/ the Services (including content, images, designs, look and feel) without our prior written consent.

If, in our opinion, you are in breach of these provisions, your right to use the Website/ the Services will cease immediately and you must either return or destroy (as required by us) any copies of the materials you have made.

YOUR CONTENT

Content that you post to the Website is your content, and includes (but is not limited to) anything you post using the Website such as usernames, profile pictures, photos, descriptions, reviews, comments, videos, etc. (“Your Content”).

FlightAvail does not make any claim to Your Content.

  • You agree that you will not violate any laws in connection with your visiting the Website/ use of the Services. This includes any local, national and international laws that may apply to you.
  • You are responsible for paying any fees that you owe to  FlightAvail.com. You are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through the Website/ our Services.
  • You agree not to “crawl,” “scrape,” or “spider” any aspect of the Website/ the Services or to reverse engineer or attempt to obtain the source code of the Services. You shall not misuse the Website/ the Services by knowingly introducing any material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website/ the Services, the server on which the Website is/ any of the Services are stored or any server, computer or database connected to the Website/ Services. You must not attack the Website/ Services via a denial-of-service attack or a distributed denial-of service attack. By failing to comply with this provision, you would commit a criminal offence and your right to access the Website/ use the Services will cease immediately and we will report your actions to the relevant authorities.
  • You agree not to interfere with or try to disrupt the Website/ Services, for example by distributing a virus or other harmful computer code.
  • The name FlightAvail and other marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of FlightAvail in the UK and other countries. You require our express written permission to use our trademarks, service marks or trade dress.
  • We will provide you with certain legal information in writing. By using our Services, you’re agreeing that we may provide you information electronically (by email via text message, etc.) instead of mailing you paper copies, and that your electronic agreement is equal to your signature on paper.
  • Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it or uploading it to the Website.
  • Permission to Use Your Content. By posting Your Content to the Website/ through our Services, you grant FlightAvail a licence to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help FlightAvail function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote Your Content.
  • Rights You Grant to us. By posting Your Content, you grant FlightAvail a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual licence to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Website/ the Services and to promote FlightAvail or the Website/ the Services in general, in any formats and through any channels, including across any FlightAvail websites or other Services or third-party website or advertising medium. Your Content will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose it to third parties.
  • Reporting Unauthorized Content. We take intellectual property rights very seriously and are committed to following appropriate legal procedures to remove infringing content from the Website / the Services. If content that you own or have rights to has been posted to the Website/ Services without your permission and you want it removed, please contact us at the email below. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. If any third-party claims that any material posted or uploaded by you to the Website/ the Services violates their intellectual property rights, or their right to privacy, we have the right to disclose your identity to them. We’ll notify you if that happens.
  • Inappropriate, False or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted via the Website/ the Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive. We will not be responsible, or liable to any third party, for Your Content or the accuracy of any materials posted by you or any other user of the Website/ the Services.

ACCESSING THE SERVICES

Certain functions of the Website/ the Services, will require an active internet connection. The connection can be Wi-Fi, or provided by a mobile network provider, but we cannot take responsibility for the Website/ the Services not working at full functionality if you do not have access to an active internet connection. In using the Website/ the Services, you accept responsibility for any charges incurred for the cost of data for the duration of the connection while accessing the Website/ the Services, or other third party charges, including roaming data charges. If you are not the bill payer for the device on which you’re accessing the Website / the Services, please be aware that we assume that you have received permission from the bill payer for using the Website/ the Services.

LIMITATION OF LIABILITY

The Website is / Services are provided without any guarantees, conditions or warranties as to their accuracy or functionality. To the extent permitted by law, we hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect any liability which cannot be excluded or limited under applicable law, including death and personal injury.

RELIANCE ON INFORMATION AND LINKS

Any content made available on the Website/ the Services (including links to other sites, apps and resources provided by third parties) are for information only, and we shall not be liable for any use of, or reliance on, such materials. It shall be your own responsibility to ensure that any products, services or information available through the Services meet your specific requirements.

VIRUSES

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.

You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned by you. Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards paragraph set out below (Content Standards). If you wish to make any use of content on our Site other than that set out above, please contact us at customercare@flightavail.com.

PROHIBITED USES

You may use our Site only for lawful purposes. You may not use our Site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To send, knowingly receive, upload, download, use or reuse any material which does not comply with our content standards described in the next paragraph (Content Standards).
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • You also agree:
    • Not to reproduce, duplicate, copy or resell any part of our Site in contravention of these Terms.
    • Not to access without authority, interfere with, damage or disrupt:
      • any part of our Site;
      • any equipment or network on which our Site is stored;
      • any software used in the provision of our Site; or any equipment or network or software owned or used by any third party.

TERMINATION

You may terminate your account with FlightAvail or stop visiting the Website at any time by emailing customercare@flightavail.com Terminating your account will not affect the availability of some of your content and any outstanding payments owed to us will still be payable.

We may terminate or suspend your account (and any related accounts) and your access to the Website/ the Services at any time, for any reason, and without advance notice. If we do so, it is important to understand that you don’t have a contractual legal right to continue to use the Website/ our Services. We may refuse access to anyone at any time for any reason.

If you or we terminate your account, you may lose any information associated with your account, including any content created by you.

We reserve the right to change, suspend or discontinue any of the Website/ the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Website/ the Services may have on you, including your income or your ability to generate revenue through the Website/ the Services.

The Terms will remain in effect even after your access to the Services is terminated or your use of the Website/ the Services ends.

INDEMNIFICATION

You agree to indemnify us from any legal claim or demand that arises from your actions, your use (or misuse) of the Website/ Services, your breach of the Terms or your account’s infringement of someone else’s rights.

ENTIRE AGREEMENT

These Terms, including all of the other documents that make up the Terms, supersede any other agreement between you and FlightAvail.com regarding the Website/ the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms.

CHANGES TO THE TERMS

We may amend the Terms at any time by amending this page or, if we believe the changes are material, we will let you know by i) notifying you via the Website/ the Services, or ii) sending you an email or messages about the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Website/ the Services following the changes constitutes your acceptance of the updated Terms.

CONTACT INFORMATION

If you have any questions about the Terms, please email us at Customercare@flightavail.com.