We may disclose your personal information to third parties to provide charter services as set out in our Privacy Policy but will never sell your information;
1.1 If set out in your Account, you may be permitted to invite a number of users to the Platform, who will be permitted to access and use the Platform under your Account (Authorised Users). We agree to provide you with the number of Authorised Users as set out in your Account.
1.2 The Authorised Users will have permission to access certain features of the Platform and your Account, as detailed in your Account.
You will ensure that each Authorised User complies with these Terms. You are responsible and liable for the acts or omissions of your Authorised Users.
2 Flight Code of Conduct & Privacy Disclosures
2.1 By making a Confirmed Booking, you understand and agree that:
(a) you may be required to undergo a security check in accordance with any Operator Terms, and you agree to comply with any reasonable directions of the Aircraft Operator;
(b) you will be respectful of other passengers and our and any third party operator’s personnel, including Aircraft personnel. We will not tolerate any type of harassment or offensive behaviour, including but not limited to any verbal or physical abuse of any personnel, or unwanted solicitation;
(c) you will be respectful of the Aircraft and any equipment on the Aircraft; and
(d) any breach of this clause 10 may result in us ceasing to provide you with the Platform or Savion EcoMiles Services or cancelling your Flight or Confirmed Booking, and you may be charged a fee by us and/or the Aircraft Operator for any damages caused to the Aircraft or any equipment.
3 Your Data
3.1 You own all data, information or content you and your Authorised Users upload into the Platform (Your Data), as well as any data or information output from the Platform using Your Data as input (Output Data). Note that Output Data does not include the Analytics (as described below).
3.2 You grant us a limited licence to copy, transmit, store, backup and/or otherwise access or use Your Data and the Output Data to:
(a) communicate with you (including to send you information we believe may be of interest to you);
(b) supply the Platform to you and otherwise perform our obligations under these Terms;
(c) diagnose problems with the Platform;
(d) enhance and otherwise modify the Platform;
(e) perform Analytics;
(f) develop other services, provided we de-identify Your Data; and
(g) as reasonably required to perform our obligations under these Terms.
3.3 You agree that you are solely responsible for all of Your Data that you and your Authorised Users make available on or through the Platform. You represent and warrant that:
(a) you are either the sole and exclusive owner of Your Data or you have all rights, licences, consents and releases that are necessary to grant to us the rights in Your Data (as contemplated by these Terms); and
(b) neither Your Data nor the posting, uploading, publication, submission or transmission of Your Data or our use of Your Data on, through or by means of our Platform will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
3.4 You acknowledge and agree that we may monitor, analyse and compile statistical and performance information based on and/or related to your use of the Platform, in an aggregated and anonymised format (Analytics). You acknowledge and agree that we own all rights in the Analytics, and that we may use the Analytics for our own internal business purposes, provided that the Analytics do not contain any identifying information.
3.5 We do not endorse or approve, and are not responsible for, any of Your Data.
3.6 You acknowledge and agree that the Platform and the integrity and accuracy of the Output Data is reliant on the accuracy and completeness of Your Data, and the provision by you of Your Data that is inaccurate or incomplete may affect the use, output and operation of the Platform.
4 Termination
4.1 Cancellation of Accounts: You may request to cancel your Account at any time by notifying us via email or via ‘cancel my account’ (or similar) feature in your Account. Your cancellation will take effect immediately.
4.2 An Account will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
4.3 Should we suspect that you are in breach of these Terms, we may suspend your access to the Platform while we investigate the suspected breach.
4.4 Upon expiry or termination of your Account:
(a) we will remove your access to the Platform;
(b) we will immediately cease providing the Savion EcoMiles Services;
(c) you agree that other than where termination is due to our breach of these Terms, and to the maximum extent permitted by law, any payments made by you to us (including any Fees) are not refundable to you;
(d) where we terminate your Account for any reason, you also agree to pay us our reasonable additional costs directly arising from such termination;
(e) any unused EcoMiles will be forfeited, and you will not receive a refund for any forfeited EcoMiles.
4.5 Where your Account is cancelled, you may reactivate your Account at any time, however, any forfeited Savion Miles or EcoMiles will remain forfeited and will not be credited to your reactivated Account.
4.6 Where termination is due to our breach of these Terms, we agree to refund you for any prepaid unused Fees on a pro-rata basis.
5 Notice Regarding Apple
5.1 To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
5.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
5.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
5.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to: (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
5.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
5.6 You agree to comply with any applicable third-party terms when using our mobile application.
5.7 Apple and Apple subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
5.8 You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.