AIRGREEMENTS.COM TERMS & CONDITIONS OF SERVICE AND PRIVACY POLICY
Please read these terms and conditions carefully. They contain important information about your rights and obligations.
1. The Airgreements Steps
Thank you for choosing Airgreements.com to facilitate the conclusion or execution of the agreement or contract with your counterparty(ies)
1.1 How agreements and contracts are entered into
An agreement or contract is generally formed through a process of offer and accenptance. That's why we use the terms 'Offer', 'Counter-offer' and 'Acceptance'.
1.2 How we may assist in entering into agreements or contracts
Airgreements.com enables parties to make offers and counter-offers to one another on a secure online platform. Once an offer or a counter-offer has been accepted by the persons it was made to, an agreement is formed. Until accepted or rejected by way of a counter-offer, an offer or a counter-offer may be withdrawn.
1.3 Negotiations
The Airgreements.com system acts on a first come first served basis when it comes to the offers, counter-offers, withdrawls and acceptances. The first instruction (offer, counter-offer, withdrawal or acceptance) received by the system will be acted upon. By your acceptance of these terms and conditions you accept the risks associated with the foregoing process and agree to be bound thereby.
2. ACCEPTANCE
These terms and conditions and privacy policy (Agreement) apply to your use of our website (the Service) and the services provided to you while utilising the Service. The Service is licensed, not sold to you. Your licence to the Service is subject to your prior acceptance of this Agreement, which you will be deemed to have done by clicking on the radio button alongside the 'Agree to terms' statement. By continuing to use the Service, you indicate that you agree to be bound by this Agreement.
3. WHO WE ARE
Airgreements.com is owned and operated by Airgreements Limited, registered in England and Wales under Company No. 12566268 (we, us or our). Our registered office is at 55 Dyson Road, London E11 1NA, United Kingdom.
4. PRIVACY POLICY
Our privacy policy explains how we collect, collate, process and/or store your personal information. We may update this policy from time to time and it is your responsibility to review these terms from time to time. If you continue to use the Service after we amend our privacy policy you will be deemed to have accepted the amendments. We would like to use the information you give us, plus details on how you use our Service to help us manage Airgreements.com and improve the way we run it. Personal information is essential to agreements, which is the essence of what we assist with. This privacy policy (together with the terms and conditions and any other document referred to in it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us.
5. RESPONSIBLE PARTY
For the purposes of the privacy laws, Ephraim Braun, of 55 Dyson Road, London, E11 1NA, United Kingdom is the Data Protection Officer. Airgreements Ltd is registered with the Information Commissioner's Office with reference number ZA898957.
6. DATA COLLECTION AND USE
When you first use the Service, we will collect and store your Airgreements.com registration data as you have submitted it, including:
6.1 Your name;
6.2 Your email address;
6.3 Your mobile telephone number.
This registration data may be shared with the persons you invite to enter into an Airgreement with you as part of the Service. While using the Service we may collect and store details concerning the Airgreement you're entering into. We use the registration and the usage information to operate and improve the Service. Anonymised data (data which cannot be traced back to you) might be sold to third parties.
7. COOKIES AND OTHER TECHNOLOGIES
We may collect information about your mobile telephone or computer, including, where available, your IP address, operating system and browser type for system administration and to report anonymised aggregated information to our advertisers, if any. For the same reason, we may obtain information about your general usage by using cookies and other technologies, which may be stored on your mobile telephone or computer. Cookies and other technologies help us to improve the Service and to deliver a better and more personalised service. They enable us to:
7.1 Recognise you when you return to the Service;
7.2 Store information about your preferences, and so allow us to customise your experience according to your individual interests/needs; and
7.3 Estimate your usage pattern.
8. SHARING OF DATA
We may disclose your personal information to any of our affiliates, which means our holding company and subsidiaries (if any), any company to which we may transfer the 'Airgreements.com' business (the Business), any of its subsidiaries, its ultimate holding company and its subsidiaries. We may disclose your personal information to third parties:
8.1 In the event that we sell or buy any business or assets, in which case we may disclose your personal data in anonymised form to the prospective seller or buyer of such business or assets;
8.2 If the Business or substantially all of its assets are acquired by a third party, in which case personal data held by it about its users will be one of the transferred assets; and
8.3 If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms and conditions, or to protect our rights and property or our safety and the safety of our users or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
9. THIRD PARTY LINKS
The Service may, from time to time, contain links to and from the websites of third parties. If you follow a link to any of those websites, please note that they will have their own privacy policies and we do not accept any responsibility or liability for those websites or privacy policies. Please check those policies before you submit any personal data to those websites.
10. LOCATION-BASED SERVICES
If we provide location-based services, subject to your prior approval to use your location information prior to accessing such information, we and our partners may collect, use and share precise location data, including the real-time geographic location of your mobile telephone. This location data might then be used by us and our partners to provide and improve location-based products and services and to assist in identifying appropriate materials and messages for you. We will not use your location information if you don't permit us to do so.
11. ACCESS TO INFORMATION
The law gives you the right to access information held about you. Your right of access can be exercised in accordance with the law. Any access request may be subject to a reasonable fee to meet our costs in providing you with details of the information we hold about you.
12. CONTACT US IN RELATION TO THE PRIVACY POLICY
Questions, comments and requests (including requests to withdraw consent) regarding this privacy policy are welcomed and should be addressed to Airgreements.com, c/o 55 Dyson Road, London, E11 1NA, United Kingdom, or theteam@airgreements.com.
13. SECURITY
The information Airgreements.com collects is stored both locally on your mobile telephone and on servers in The United States of America and anywhere else that Digital Ocean operates. Accordingly, the data that we collect from you may be transferred to, and stored at, a destination outside of the one you reside in. It may also be processed by staff operating outside of your place of residence who work for us or for one of our partners. Such staff may be engaged in, among other things, the provision of various services or the fulfilment of one of our requests. By submitting your personal data, you agree to this transfer, storing or processing of your data. It is in our interest to protect your data with reasonable security measures, and we use several tools to help protect your personal information against unauthorised access and disclosure. We will take reasonable measures to ensure your data is treated securely and in accordance with this privacy policy. Unfortunately, the transmission of information via the internet or WAP is not completely secure. Although we will use reasonable measures to protect your personal data, we cannot guarantee the security of your data transmitted to the Service and any transmission is at your own risk. Once your information is received, we will use reasonable measures to try and prevent unauthorised access.
14. REGISTRATION
In order to obtain the benefit of the Service you will have to register and provide accurate and complete information to us. You are solely responsible for your profile and any activity on it. A password will be required when you have registered for Airgreements.com. Please be aware that the Service's functionality may be different on different handset or desktop types. As soon as you become aware of any unauthorised use of your profile or password, you must notify us at theteam@airgreements.com immediately. We will not be liable for any losses caused by any unauthorised use of your profile.
15. REVISING YOUR PROFILE, PREFERENCES AND MESSAGES
You can access and change your profile at any time by accessing the relevant tab of your account. As well as the basic, compulsory registration information, your profile setting may ask you for more information about yourself.
16. TERMS OF SERVICE
16.1 Scope of the Licence Granted to You
The licence granted to you for the Service is limited to a non exclusive, non transferable licence to use the Service on any desktop or mobile handset or computer that you own or control. You may not use the Service on any device that you do not own or control.
16.2 Updates and Modifications
This Agreement will apply to any upgrades or modifications that replace and/or supplement the original Service from time to time, unless such upgrade is accompanied by a separate licence in which case the terms of that licence will apply.
16.3 Term and Breach of this Agreement
This Agreement will remain in full force and effect from acceptance by you until terminated in accordance with this Agreement. We may temporarily or permanently disable or block your profile and/or withhold services when, in our reasonable opinion, you have breached this Agreement.
16.4 Limitations on Use
You must have full legal capacity to use the Service, or, if you do not have full legal capacity, you may use the Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not meet these criteria, please do not utilise the Service. Access to the Service is permitted on a temporary basis, and we reserve the right to restrict or suspend access to the Service or close it indefinitely. You are responsible for making all arrangements necessary for you to have access to the Service.
16.5 Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Service, and in the material published on it, which includes all software, domains, graphics, logos, icons, service names and content made available through the Service. These works are protected by copyright laws and treaties around the world. All such rights are reserved. The Service is for your own personal and commercial use only, and we grant you this limited licence for such purposes. This means that you may not sell, export, rent, lease, loan, license, sub license, translate, modify, merge, adapt, vary, alter, copy, disassemble, decompile, reverse engineer, distribute, transmit the Service or create derivate works based on the Service without Airgreements Ltd's prior written permission. Any unauthorised use of the Service will, without prejudice to any other rights or remedies available to us at law (including the right to institute legal proceedings), terminate the limited licence granted by us and your right to use the Service will cease immediately and you must, at our option, destroy any copies of any materials you have made.
16.6 Notices and Electronic Communications
All notices given by you to us must be given to us at theteam@airgreements.com. We may give notice to you at the e-mail address you provide to us when registering. You consent to receiving electronic communications and notices from Airgreements Ltd and our brand partners. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Notice will be deemed received and properly served immediately 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove that the e-mail was sent to the specified e-mail address of the addressee.
16.7 Viruses and Malware
16.7.1 You will not upload, post, e-mail or otherwise send or transmit any malware or other material that is technologically harmful, contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service.
16.7.2 You also agree not to interfere with the servers or networks connected to the Service or to violate any of the procedures, policies or regulations of networks connected to the Service, the terms of which are incorporated herein. You must not attempt to gain unauthorised access to our servers, or any server, computer or database connected to the Service.
16.7.3 You must not attack the Service or any such servers via a denial of service attack or a distributed denial of service attack. You also agree not to:
16.7.3.1 Impersonate any other person while using the Service;
16.7.3.2 Сonduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Service;
16.7.3.1 Use the Service for any unlawful purpose; or
16.7.3.1 Resell or export the software associated with the Service.
16.7.4 We will not be liable for any loss or damage caused by distributed denial-of-service attack, viruses or other technologically harmful material that may infect your mobile telephone, computer equipment, computer programmes, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, sent to you or on any website linked to it. We do not promote, recommend or condone use of the Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the Service during such activities. We remind you that using a mobile telephone whilst driving is illegal.
16.8 Linking to the Service
You may provide links to the Service, provided that 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 certification, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on the Service other than as set out in these terms and conditions, please address your request to theteam@airgreements.com.
16.9 Links from the Service and third party content
The Service may contain links to websites, programmes and resources provided by third parties. These links are provided for your information only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We give no representation or warranties about the accuracy, validity, completeness, decency or suitability for any purpose of the information published on the Service or any content provided to you by or on behalf of our brand partners or other third parties. We do not independently verify any of the content provided by brand partners or other third parties in their messages to you. Information in those messages may be incorrect or out of date. We disclaim all liability and responsibility arising from any reliance placed on any messages provided to you by those brand partners or other third parties, including, without limitation, your redemption of offers or a merchant's refusal to honour any offer. Your dealings with third party websites, programmes and resources are solely between you and the applicable third party.
16.10 Charges for Using the Service
Airgreements.com provides the Service to you at a cost. When you use the Service, you may be subject to additional charges imposed by your internet or mobile network service provider or other applicable carrier. Payment of such charges is solely your responsibility. The Service may not be accessible in some foreign countries. This will depend on the Service being supported by the foreign network. You should check with the service provider whether you will be required to pay additional charges for such access. The ability to access the Service may be restricted or impaired when on a roaming network abroad.
16.11 Events Outside Our Control and Outages
We are not liable or responsible for any failure to perform, or delay in performance of, any services caused by any act, event, non-happening, omission or accident outside our reasonable control (each, a Force Majeure Event). A Force Majeure Event includes (without limitation), system outages and impossibility of the use of public or private telecommunications networks. Our obligation to provide services to you is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which we will provide services despite the Force Majeure Event.
16.12 Use of Information Submitted
You agree that Airgreements Ltd and its participating brand partners are, subject to the terms of the privacy policy, free to use any comments, information, recommendations, suggestions or ideas contained in any communication you may provide to us without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the Service or other products or services. By providing such comments, information, recommendations, suggestions or ideas on or through the Service, you hereby grant to us a non-exclusive, fully paid, worldwide, transferable, sub licensable and royalty free licence to use, edit, modify, reproduce or otherwise exploit the same.
16.13 No Warranty & Liability Limit
16.13.1 We and our contributors (who may rely on and enforce the provisions of this Agreement as third parties within the meaning of the Contracts (Rights of Third Parties) Act, 1999) provide the Service "as is" and "as available" and without any warranty or condition, whether express, implied or statutory. Your use of the Service is at your sole risk.
16.13.2 We and our contributors are not liable or responsible for:
16.13.2.1 Any errors or omissions in the Service;
16.13.2.2 any failures, delays or interruptions in the Service;
16.13.2.3 any losses or damages arising from the use of the Service, including, without limitation, any damage to your mobile telephone; or
16.13.2.4 any conduct by other users of the Service.
16.13.3 We and our contributors reserve the right to deliver the Service in our sole and absolute discretion. You acknowledge that the Service may not be free of bugs or errors. You acknowledge that the Service has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of the Service as described meet your requirements.
16.13.4 If you notify us of any defect or fault in the Service in consequence of which the Service fails to perform substantially in accordance with its description, and such defect or fault does not result from you having amended the Service or using it in contravention of the terms and conditions, we and/or our contributors will, within a reasonable period, update the Service. In this regard, you agree to make available to us all information that may be reasonably necessary to help us remedy the defect or the fault, including sufficient information to enable us to recreate the defect or the fault.
16.13.5 Neither us nor you limit or exclude liability for death or personal injury resulting from negligence, fraud or fraudulent misrepresentation. Subject to the foregoing, our and our contributors' liability for losses suffered by you arising out of or in connection with these terms and conditions (including any liability for the acts or omissions of our or their employees and agents) exclude:
16.13.5.1 loss of income;
16.13.5.2 loss of business profits or contracts;
16.13.5.3 business interruption;
16.13.5.4 loss of information or data;
16.13.5.5 loss of opportunity, goodwill or reputation;
16.13.5.6 loss of, damage to or corruption of data,and any other indirect or consequential loss or damage of any kind howsoever arising. Subject to the above, our and our contributors' maximum aggregate liability under or in connection with this Agreement or your use of the Service is limited to the price you paid for the Service and any claim you may have against us must be instituted within 1 year of it arising.
16.13.6 Location data is provided for basic navigational purposes only and may not be accurate. We do not guarantee the availability, accuracy or reliability of location data provided.
16.13.7 We do not guarantee the accuracy, validity, completeness, decency or suitability of any data provided by brand partners or other third parties.
16.14 Entire Agreement
These terms set out the full extent of our obligations and liabilities in respect of your use of the Service. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these terms and conditions. Any condition, warranty, representation or other term concerning the supply of, and your use of, the Service which might otherwise be implied into, or incorporated in, this Agreement, or any collateral contract, whether by statute, common law or otherwise is excluded to the fullest extent permitted by law.
16.15 Indemnity
You agree to indemnify us, our contributors and hold us and our affiliates and our contributors, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Service, or your violation of any law or the rights of any third party.
16.16 Our Right to Vary this Agreement
We may at any time modify any of the terms of this Agreement. You can review the most current version of it by clicking on the "Terms" link. The most current version will supersede all previous versions. By continuing to use the Service after changes are made, you agree to be bound by such changes. Some of the services we provide may require you to download software and/or agree to additional terms and conditions. Unless otherwise provided, those additional terms will be incorporated into this Agreement.
16.17 Disputes, Law and Jurisdiction
You agree that this Agreement or any claim or dispute between you and us arising from or relating to this Agreement, the Service, our advertising or any related transaction will be governed by and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of the courts of London. We make no representations that the Service is appropriate or available for use in any jurisdiction. In accessing the Service you do so out of your own volition and you are responsible for compliance with the applicable laws.
16.18 General
16.18.1 You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations arising under this Agreement without our prior written consent.
16.18.2 We may transfer, assign, charge, sub-contract or otherwise dispose of our rights or obligations arising under this Agreement at any time. We may involve third parties in the rendering of the Service and/or to satisfy our obligations to you without being required to notify you.
16.18.3 If we fail to insist upon strict performance of any of your obligations under any of the terms of this Agreement, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.
16.18.4 If any of the terms of this Agreement are found by any competent authority to be invalid, unlawful or unenforceable to any extent, such term will, to that extent, be severed from the remaining terms which will continue to be valid to the fullest extent permitted by law.
16.18.5 This Agreement and any document expressly referred to in it represent the entire agreement between us in relation to the Service and supersede any prior agreement, understanding or arrangement between us.
16.18.6 Neither of us has relied on any representation, undertaking or promise given by the other except as expressly stated in this Agreement.
16.19 Contact Us
If you have any questions about this Agreement and/or use of the Service, please address them to Airgreements.com c/o 55 Dyson Road, London, E11 1NA, United Kingdom or theteam@airgreements.com. For technical support, please e-mail theteam@airgreements.com. We will endeavour to respond to emails within 48 hours on weekdays.
