1. Acceptance of Terms
Fareplace reserves the right, in its sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. You are responsible for viewing these Terms periodically. Your continued use of the Website after changing or modifying these Terms will constitute your acceptance of the revised Terms. If you do not agree to the Terms, your only remedy is to discontinue your use of the Website.
If you violate the Terms, Fareplace reserves the right to issue you a warning regarding the violation or to immediately terminate or suspend all or part of your use of the Website. You agree that Fareplace does not need to provide you notice before terminating or suspending your use of the Website, but it may provide such notice at its sole discretion.
You declare that by accepting these Terms and/or using the Website, you are at least 18 years of age. You may not use the Website and may not accept these Terms if you are a person barred from using the Website under the laws of the country in which you are resident or from which you access the Website. If the Website or any part thereof are determined to be illegal under the laws of the country you are situated in, you shall not be granted any right or license to use the Website and must refrain from using the Website.
2. Description of the Website
Fareplace is a marketplace platform for airlines provided by Bidflyer Labs Ltd. (the “Platform”), that allows its users to unlock new revenue streams by offering additional services and pricing combinations to their customers during booking (the “Services”).
3. Access to the Website
You are responsible for ensuring your computer or mobile device meets all the technical specifications to enable you to access and use the Website. Fareplace does not provide you with the equipment to access and/or use our Website. You are responsible for all fees charged by third parties related to your access and use of the Website (e.g., charges by internet service providers or air time charges).
Fareplace cannot guarantee that the Website will always function without disruptions, delays, or errors. Several factors may impact the quality of your communications and use of the Website. They may fail your communications, including, without limitation, your local network, firewall, internet service provider, public internet, and power supply. Fareplace takes no responsibility for any disruption, interruption, or delay caused by any failure or inadequacy in any of these items or any other items over which we have no control.
4. Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Website and to be bound by these Terms. You agree that you will comply fully with these Terms and all applicable domestic and international laws, regulations, statutes, and ordinances that govern your use of such Website. Without limiting the foregoing and in recognition of the global nature of the internet, you agree to comply with all local and international rules regarding online conduct. You also agree to comply with all applicable laws affecting the transmission of content or the privacy of persons.
In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Website or the computers of other users of the Website;
Attempt to obtain additional private information from other users, including personally identifiable information (whether in text, image, or video form);
Make representations concerning Fareplace not approved in these Terms or otherwise in advance and writing by Fareplace;
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Website;
Attempt to use the Website on or through any service Fareplace does not authorize. Any such use is at your own risk and may subject you to additional or different terms. Fareplace takes no responsibility for your use of the Website through any service that is not authorized by it;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Website; and/or
Interfere with the ability of others to enjoy using the Website, including disruption, overburden, or aid the disruption or overburdening of the Website’s servers, or take actions that interfere with or materially increase the cost to provide the website for the enjoyment of all its users.
You undertake that you shall not defraud or attempt to defraud, Fareplace or other users and shall not act in bad faith in using the Website. If Fareplace determines that you have acted in bad faith and/or in violation of these Terms, or if Fareplace determines that your actions fall outside of reasonable community standards, Fareplace may, at its sole discretion, terminate your use and prohibit you from using the Website. You agree that your use of the Website shall be lawful and will comply with the usage rules.
Fareplace may refuse access to the Website or may terminate it without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use, or illegal or improper use of the Website, Services, or Fareplace's intellectual property as determined by Fareplace in its sole discretion.
7. Intellectual Property Ownership
Fareplace and/or its affiliates retain all rights in the Website's materials (including, but not limited to, applications, software, designs, graphics, texts, information, presentations, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, "Website Materials"). The entire contents of the Website are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may use the Website Materials solely to distribute the Services, including promoting or selling the Services and providing prospective consumers with information on the Services’ ingredients, appropriate use and application, and essential values. You shall not download, copy, transfer, distribute, reproduce, frame, republish, transmit, or post any of the Website Materials for any purpose other than for the distribution of the Services described above.
Without derogating from the above, you shall not nor shall not cause any other party to modify, decompile, disassemble, reverse engineer, create derivative works from, rent, sub-license, scrape, download, display, lease, or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Website Materials pursuant to these Terms or otherwise exploit any of the Website Materials without Fareplace’s explicit, prior written consent. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written consent from Fareplace. Any reproduction or redistribution of materials not per these Terms is prohibited. It may result in the termination of your use as well as severe civil and criminal penalties.
Fareplace owns all rights, title, and interest, including copyrights and other intellectual property rights, in and to all the Website Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Website or accessing any of the Website Materials or rights to any derivative works.
You are not required to provide Fareplace with any feedback or suggestions regarding the Website or any of the Website Materials. However, you should provide Fareplace with comments or suggestions for the modification, correction, improvement, or enhancement of the Website and/or any of the Website Materials, then, subject to the terms and conditions of these Terms, you hereby grant Fareplace a non-exclusive, irrevocable, worldwide, royalty-free license, including the right to sublicense, to use and disclose such comments and suggestions in any manner Fareplace chooses and to display, perform, copy, have copied, make, have made, use, sell, offer to sell, and otherwise dispose of Fareplace's and its sublicensees' Services and content embodying such comments or suggestions in any manner and via any media Fareplace chooses, but without reference to the source of such comments or suggestions.
8. Disclaimer of Warranty; Limitation of Liability; Indemnification
You agree that using the Website shall be at your sole risk. To the fullest extent permitted by law, we, our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers, and/or any other person or entity acting on our behalf, disclaim all warranties, explicit or implied, in connection with the Website and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. We make no warranties or representations about the accuracy or completeness of the content of the Website, of the content of any sites linked to the Website and assume no liability or responsibility for any:
Errors, mistakes, inaccuracies, non-suitability, or non-conformity of any content;
Direct, indirect, special, incidental, punitive, or consequential damages, including without derogating personal injury, property damages, and/or monetary damages of any nature whatsoever, arising out of the use of or the inability to use the Website;
Any unauthorized access to or use of secure servers and/or any and all personal information stored therein;
Any interruption or cessation of transmission to or from the Website;
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or
Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted, or otherwise made available via the Website.
WITHOUT DEROGATING FROM THE ABOVEMENTIONED, IN NO EVENT WILL WE, OUR MANAGERS, DIRECTORS, OFFICERS, SHAREHOLDERS, PARTNERS, AFFILIATES, EMPLOYEES, CONSULTANTS, SERVICE PROVIDERS AND/OR ANY OTHER PERSON OR ENTITY ACTING ON OUR BEHALF, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR ANY USER SUBMISSIONS AND/OR DEFAMATORY, OFFENSIVE, AND/OR ILLEGAL CONDUCT BY ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM AND/OR ASSOCIATED WITH THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to indemnify and hold us and each of our managers, directors, officers, shareholders, partners, affiliates, employees, consultants, service providers, and/or any other person or entity acting on its behalf harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any of the following:
Your use of and access to the Website;
Your violation of any term of these Terms;
Your violation of any third party right, including without limitation any copyright, property, or privacy right;
Any claim that any user submission made by you has caused damage to a third party; and/or
Additionally, we shall not be deemed to be in breach of these Terms, nor shall we incur any liability or bear any responsibility due to a delay or failure in performance caused by Force Majeure. "Force Majeure" refers to circumstances beyond our reasonable control, including but not limited to acts of God, fire, flood, epidemic, war, terrorism, embargo, accident, labor disputes, or shortage of material, equipment, or transport, any law, regulation, or any ruling of the court, tribunal or governmental agency.
9. Links to Other Websites
The Website may contain links to other websites or resources (the "Linked Sites"). The Linked Sites are not under the control of Fareplace, and Fareplace is not responsible for any Linked Site's contents, including any links contained in a Linked Site or any changes or updates to a Linked Site. Fareplace is not responsible for webcasting or any other form of transmission received from any Linked Site. The inclusion of any link does not imply endorsement by Fareplace of the site or any association with its operators. You acknowledge and agree that Fareplace will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or service available on or through any such site or resource.
Notices to you may be made via the Website and/or e-mail. Fareplace may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Website. You agree that all agreements, notices, disclosures, and any other communications that Fareplace provides satisfy any legal requirement that such communications be in writing.
By using or visiting the Website, you agree that the laws of the State of Israel, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and Fareplace. Any claim or dispute between you and Fareplace that arises in whole or in part from your use of the Website shall be decided exclusively by a court of competent jurisdiction located in Tel-Aviv, Israel, to the exclusion of any other courts. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-convenient with respect to venue and jurisdiction in the courts of Tel Aviv, Israel. Fareplace reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review them regularly for any changes. Your use of the Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND FAREPLACE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
For any questions about these Terms or any other issue regarding Fareplace or the Website please contact us at: [email protected].
Last update: March 15, 2023.
All rights reserved, Bidflyer Labs Ltd.
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