End-User License Agreement ("Agreement")
Last updated: November 24, 2017
Please read this End-User License Agreement ("Agreement") carefully before downloading or using the MyJet mobile application, created and operated by MyJet Ltd. ("Application").
By downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not download or use the Application.
The Application is only licensed, i.e. not sold or transferred in any other way, to you by MyJet for use strictly in accordance with the terms of this Agreement.
MyJet grants you a revocable, non-exclusive, non-transferable, non-assignable, non-sub-licensable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Any references in this Agreement to "purchase" or "sale" or any other words of similar import with respect to the Application signify only the acquisition of a license for the download, the installation and the use of the Application in accordance with the terms of the Agreement.
MyJet grants you the license described herein with the purpose of enabling you to access any relevant information which may be provided by third parties and included in, displayed on or made available through the Application, in relation with the management and operation of aircraft, planning of flights, such as, without limitation, the reservation of flight-related services, the management of airport landings and take-offs, and/or enabling you to contact, directly or indirectly, any third party to purchase their products and services related to and/or necessary for the planning of flights and the management and operation of aircraft. MyJet offers the functionalities included in the Application, to the exclusion of any other services.
Please note that the access and full benefit of the Application depend on the effective functioning of all devices necessary to access the Application, energy supply, internet access and phone connectivity, which are your sole responsibility.
You agree not to, and you will not permit others to:
license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party;
copy or use the Application for any purpose other than as permitted under the above section "License";
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer, create derivative work of or remanufacture any part of the Application, including without limitation the source code thereof;
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of MyJet or its affiliates, partners, suppliers or licensors, as applicable, of the Application;
reproduce any written material provided by MyJet.
In order to use the Application and to access any products and services on the Application, you shall create an account with MyJet. When you create an account with MyJet, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of this Agreement and of the Terms and Conditions, which may result in immediate termination of, and blocking of the access to, your account on the Application. You are responsible for safeguarding the password that you use to access the Application and for any activities or actions under your password.
All intellectual property rights of any kind pertaining to the Application and its original content, features and functionality are and will remain, at any time, the exclusive property of MyJet and its licensors, as applicable. Such intellectual property rights of any kind are protected by all applicable laws of both Switzerland and foreign countries. You agree not to do anything inconsistent with that ownership, or to do anything that would threaten such ownership or to contest the ownership of such items. MyJet's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of MyJet. MyJet is allowed to take any measures it deems necessary in its sole discretion to protect its intellectual property rights, the Application and any related software.
Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to MyJet with respect to the Application shall remain the sole and exclusive property of MyJet. You shall in any case not implement any Suggestions without the prior written approval of MyJet, which may be withheld at MyJet's sole discretion and without any explanation.
All intellectual property rights of any kind and nature pertaining to the Suggestions shall be assigned to MyJet, to the fullest extent permitted by law. You undertake to take all necessary measures to execute such assignment. If such assignment is not possible or successful, you shall grant to MyJet an exclusive, non-revocable, non-assignable, royalty-free and sub-licensable license on such intellectual property rights pertaining to the Suggestions.
MyJet shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.
Modifications to Application
MyJet reserves the right to, at any time and at MyJet's sole discretion, modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Updates to Application
MyJet may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Any Update may result in an interruption of the availability of the Application, which MyJet will try to minimise as far as reasonably possible. Furthermore, while MyJet does not have any obligation to notify you of such Updates, it will seek to keep you informed within a reasonable period of time.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that MyJet has no obligation at any time to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.
You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement. You will regularly install or use the most recent version of the Application and MyJet will not be responsible in any way for the use of an outdated version of the Application.
The Application may display, include or make available third-party content (including data, information, applications and other products or services) or provide links to third-party websites or services ("Third-Party Services").
Without limiting the application of the Terms and Conditions, you acknowledge and agree that MyJet shall not be responsible for any Third-Party Services, including their content, accuracy, completeness, timeliness, validity, intellectual property rights compliance, legality, appropriateness, quality or any other aspect thereof. MyJet does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Term and Termination
This Agreement shall become effective upon you downloading or using the Application and shall remain in effect until terminated by you or MyJet.
You may terminate this Agreement by deleting the Application and all copies, full or partial, thereof from any device under your control.
MyJet may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement, with or without prior notice.
This Agreement will terminate immediately, without need for a prior notice from MyJet, in the event that you fail to comply with any provision of this Agreement.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies, full or partial, of the Application from any device under your control. In such a situation, MyJet may take any related measure it deems necessary in its sole discretion, such as blocking your access to the Application.
Termination of this Agreement will not limit any of MyJet's rights or remedies at law or in equity in case of breach by you of any of your obligations under the present Agreement.
You agree to indemnify and hold MyJet and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim, loss, damages, penalty, cost, expenses or disbursements, or demand, including reasonable attorney's fees, of whatsoever kind and nature to the extent permitted by law, in any way relating to or due to or arising out of your: (a) download of, uninstallation of, access to or use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the fullest extent permitted under applicable law, MyJet, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims any and all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, MyJet provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements or expectations, achieve any intended results, be compatible or work with any device or other current or future software, applications, systems or services, operate without interruption, be timely and secure, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limitation to the foregoing, MyJet does not make, and expressly waives, to the fullest extent permitted under applicable law, any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that any data, information or content stored on or transmitted through the Application will not be lost, corrupted or destroyed; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of MyJet are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
You assume the responsibility for selecting the Application to achieve the intended results and for the results obtained, or not obtained, from the use, or non-use, of the Application and any related software.
Limitation of Liability
To the fullest extent permitted under applicable law, in no event shall MyJet or any of its directors, employees, partners, agents, suppliers, or affiliates be liable for any direct, indirect, special, incidental, consequential or punitive damages whatsoever (including, but not limited to, loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy) arising out of or in any way related to (i) the use of or inability to use the Application and/or third-party software and/or third-party hardware used with the Application; (ii) any conduct or content of any third party on the Application; (iii) any data or content obtained from, stored on, or published on the Application; (iv) unauthorised disclosure of information, images or any other data and content resulting from the use of the Application; (v) unauthorised access, use or alteration of your transmissions or content; and (vi) otherwise in connection with any provision under this Agreement, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not MyJet has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, MyJet's failure to exercise a right or to require performance of an obligation under this Agreement shall not affect MyJet's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute waiver of any subsequent breach.
The Agreement, together with the Terms and Conditions, constitutes the entire agreement between you and MyJet regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and MyJet.
You may be subject to additional terms and conditions that apply when you use or purchase other MyJet's services, which MyJet will provide to you at the time of such use or purchase.
Amendments to this Agreement
MyJet reserves the right, at its sole discretion, to modify or replace this Agreement at any time. Even if there is no obligation under this Agreement for MyJet to provide you with any prior written notice of any such changes, MyJet will seek to provide you with such a notice within a reasonable period of time if a revision is material. What constitutes a material change will be determined at MyJet's sole discretion.
By continuing to access or use the Application after any amendments become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Application and you shall delete all copies, full or partial, of the Application from any device under your control.
This Agreement is concluded solely with you, and the rights granted to you by MyJet or any portion thereof cannot be sold, pledged, transferred, assigned or otherwise disposed of without our prior written consent. Any such action is null and void and will be considered as a breach of this Agreement.
Any applicable notice or other document required to be given or made available (“Notice") under this Agreement will be in writing and delivered by e-mail. The receiving party will be deemed to have received such Notice upon delivery or transmission.
Any Notice to My Jet must be sent to the following e-mail address: email@example.com.
By installing, downloading, activating or using the Application, you expressly consent and agree that MyJet may send you all Notices electronically to your primary e-mail address provided in your account. Any Notices or other communications that MyJet sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. It is therefore your responsibility to keep your primary email address up to date so that MyJet can communicate with you electronically.
If MyJet sends a Notice to your primary e-mail address on file and your primary e-mail address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communications, MyJet will be deemed to have provided the Notice to you.
If electronic Notices sent to you by MyJet are returned because of an invalid e-mail address, MyJet may deem your account to be inactive, and you will not be able to transact any activity using your account until MyJet receives a valid, working e-mail address from you.
If you want to change your e-mail address where MyJet should send electronic Notices, you can either send an e-mail message to MyJet at firstname.lastname@example.org or update your primary email address at any time in your account.
Governing Law and Jurisdiction
The laws of Switzerland, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application.
The venue for any dispute relating to this Agreement shall be the Commercial Court of Zurich, Switzerland. MyJet may nevertheless bring claims in other courts of competent jurisdiction, including without limitation in the country in which you have a registered office or residence.
If you have any questions about this Agreement, please contact MyJet.