YOUR USE OF THE SITE AND YOUR USE OF THE SERVICES WHICH THE SITE OFFERS AND CONTEMPLATES SIGNIFY AND CONSTITUTE YOUR ACCEPTANCE TO THE TERMS OF THE USER AGREEMENT.
TAKEOFF360 IS NEITHER AN AIR CARRIER, AIRCRAFT OPERATOR OR AIRCRAFT CHARTER BROKER:
TakeOff 360 neither operates aircraft, nor provides air transportation services. TakeOff360 holds no Federal Aviation Administration (“FAA”) or US Department of Transportation authority or certification to operate as an air carrier. TakeOff360 provides an online "marketplace" to facilitate the sourcing, reservation and booking of air charter flights.
To the best of Takeoff360’s information and knowledge, all flights that are listed on the Site are operated by air carriers certificated under applicable US law (“Operators”). Operators providing service for Takeoff360 must meet standards and safety regulations set forth by the U.S. Federal Aviation Administration (FAA) and by Takeoff360. See TakeOff360’s disclaimer of responsibility in Section 12.1 of the Membership Agreement’s General Terms & Conditions.
Once travel is confirmed we will provide you with the name of the Operator, the FAA certificate number, information relating to the type and model of the aircraft and the registration number and information relating to the fixed-based operations (FBO) that will be utilized by the Operator.
Takeoff360 reserves the right, at its sole discretion, to modify the Site or to modify the User Agreement and its terms, including any fees, commissions or charges, at any time and without prior notice. If we modify the User Agreement, we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date” at the bottom of these Terms. By continuing to access or use the Site or utilize the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older and have the capacity to be bound contractually. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older and have the capacity to be bound contractually.
Method of Payment
Visa, MasterCard and American Express credit cards are accepted. Wire transfers accepted only for whole aircraft charter (not on select seat-sharing routes). All travel must be pre-paid and subject to Takeoff360's and/or Operator's then-current cancellation and refund policies . All prices are subject to change without notice.
Confirmed flights are processed only after all pertinent billing information has been verified. Incorrect billing or credit card account information will delay processing. AlthoughTakeoff360 will attempt to contact you, using the information provided at the time of purchase, if Takeoff360 is unable to reach you after its initial attempt and/or obtain correct billing information, Takeoff360 may cancel your unconfirmed flight without notice or liability.
Taxes and Fees
(1) All prices exclude taxes, fees and charges imposed by governmental
authorities, federal, state, local or foreign, including but not limited to US Federal
Excise Tax, segment tax and any passenger facility charges. Applicable
governmental taxes, fees and charges will be added to the total price of the
flights. TakeOff 360 assumes no obligation for the disclosure and/or payment of
such charges and fees
(2) Operators providing charter services may impose additional charges and fees, including but not limited to those for catering, ground transportation, landing fees, ramp fees, crew overnight and per diem fees, and repositioning charges. Users are urged to check with the Operator to ascertain the applicability’s and amounts of such fees and charges. TakeOff360 assumes no obligation for the disclosure and/or payment of such charges and fees.
All passengers will require at least one piece of government-issued identification. You are responsible for making sure that you have the proper identification and travel documentation for you and any children in your party as may be required by the country of your final destination. Consult with the nearest embassy or consulate of each country you are planning to visit. TakeOff 360 does not provide travel documentation advice. If you do not have documentation which will allow entry for you or any children in your party to all countries on your reservation, you will not be allowed to board your flight.
All children under the age of 18 must be accompanied by an adult unless traveling as an unaccompanied minor, subject to the sole discretion of the Operator.
All passengers (including infants and children) will need a valid passport for travel to and from points outside the United States, including but not limited to Bermuda, Canada, Mexico, Central and South America, and the Caribbean (other than Puerto Rico and the U.S. Virgin Islands), Europe and Asia. It is your responsibility to check and verify entry requirements with the consular officials of the countries to be visited well in advance. It is your responsibility to obtain visas, where required, from the appropriate embassy or nearest consulate of the country or countries being visited, including any connecting countries.
Each TakeOff360 user desiring transportation across any international boundary shall be responsible for obtaining all necessary travel documents and for complying with the laws of each country from, through, or to which he/she desires transportation and, unless applicable laws provide otherwise, shall indemnify Takeoff360 and each Operator for any loss, damage, or expense suffered or incurred by Takeoff360 and/or such Operator by reason of such user's failure to do so. Neither Takeoff360 nor any Operator shall be liable for any aid or information given by any agent or employee of such organization to any user or passenger in connection with obtaining such documents or complying with such laws, whether given orally, in writing, or otherwise, or for the consequences to any user or passenger resulting from failure to obtain such documents or to comply with such laws. Failure to have the required documentation and identification for the destination will result in denied boarding, cancellation of the flight and the imposition of penalties.
Passbook - Boarding Pass
You can add a Boarding Pass to Passbook in several ways, such as: Passbook-enabled app: When you book a flight, the Takeoff360 App will prompt you to add a pass to Passbook. Mail or Messages: Passes can be sent as attachments or links through email or Messages, and you can add them to Passbook by tapping or clicking on them. Example: An email confirming your flight could include your boarding pass as a Passbook-enabled attachment. Web browser: Websites or webmail can also include passes as attachments or links. You can click or tap these links to add them to Passbook. Share Passes: You can share a pass using Messages, Email, and AirDrop by tapping the share icon on the pass.
Takeoff360 "Jet Pass" includes “time or location” based information. Jet Passes may automatically appear at the appropriate time or place. For example, when you arrive at the airport your Jet Pass should appear. Slide to unlock your device to display the Jet Pass. System requirements: iPhone or iPod touch using iOS 6 or later. In addition, on “Seat-Sharing” flights the boarding sequence number will appear on your Jet Pass. The sequence number determines the priority of your seat selection.
Takeoff360 may send push notifications to update the Passbook with Operator and contact details regarding your trip.
An email based boarding pass can be requested using the "My Trips" module, if necessary.
If you do not receive a confirmation number (in the form of a confirmation page, Add to Passbook or email) after submitting payment, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to notify TakeOff 360 and confirm whether your reservation has been placed. Only you may be aware of any problems that may occur during the purchase process. Takeoff360 will not be responsible for losses (monetary or otherwise) if you assume that a booking was placed/not placed because you failed to receive confirmation.
Any questions regarding a particular flight, aircraft and/or Operator must be requested prior to booking any flight such as, pets allowed, Wi-Fi, air phone, air show, CD/DVD players, AC/USB outlets, enclosed lavatory, additional photos, manufactured aircraft year, registered tail number, and interior and/or exterior refurbished dates.
Please contact Takeoff360 to request Air Operator Certificate, Aircraft Authorization Form, Aircraft Policy, Aircraft Insurance Coverage and any other Aircraft and/or Operator documentation once booked. Takeoff360 and/or Operator shall have the right to refuse or cancel any flights and/or services listed at an incorrect price or rebate amount, or containing any other incorrect information or typographical errors.
Change and Cancellation Fees
Change and Cancellation policies vary depending on the fare, flight, and/or Operator. Cancellation fees may vary from 10% to 100%. Each refund will be handled on a case-by-case basis. In addition, Users/passengers failing to check in at the aircraft location (FBO) and not ready to board at least fifteen (15) minutes prior to the scheduled departure time will be subject to having their reservation for that flight cancelled, as well as any other reservations in their itinerary. Empty leg flights are 100% non-refundable and cannot be cancelled or changed (See Empty Leg Flights below).
No Show Policy
Failure to show up for the first flight on a reservation or failure to complete a round-trip or multi-segment reservation will result in all remaining segments being cancelled. All fares, fees, charges and taxes paid in connection with the reservation will not be refunded or made available for future reservations. Missed flights or unused segments are non-refundable and non-creditable.
Refunds and Travel Funds
There are specific instances where Takeoff360 secures one-way “empty leg” flights at a special rate that prevent us from extending any refunds. Takeoff360 is able to secure discounted rates on aircraft, due to last minute one-way availabilities or other special circumstances. In these cases, there will be a 100% cancellation fee based on the total amount of the flight. However, in the event a partial refund is made available, it shall remain with Takeoff360 or Operator under contract as Travel Funds that can be used for future travel valid for a period of twelve (12) months from the date of purchase.
Takeoff360’s Application currently only supports US Dollars (USD). All transactions and prices found within the app are based on USD. All currency conversions are processed by your credit card providers and wire transfer require to be sent as USD.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. By way of example and not limitation, if it costs US$125.00 to buy €100.00, the currency conversion rate of USD to Euros would be 1.25, and the currency conversion rate from Euros to USD would be 0.8. Currency conversion rates will vary from time to time.
Takeoff360 supports wire transfer as a method of payment. All wire information is sent via messages and email. Please note that wire transfers have to be made within 48 hours of booking. Your travel is not confirmed unless Takeoff360 receives the payment. Once Takeoff360 receives the payment the travel is confirmed and you can access Passbook or Trip Confirmation details. Each user is limited to one pending wire transfer and if you need to make more bookings TakeOff360 will require a deposit via credit card.
Empty Leg Flights
From time to time, Takeoff360 may list the availability of “empty leg” or deeply discounted one-way charter flights. An empty leg occurs when an aircraft may need to return to its home base or be repositioned to accommodate the next charter. These otherwise non revenue generating flights are substantially discounted from normal charter rates while maintaining the same level of service as on-demand flights. All empty leg flights are 100% nonrefundable and cannot be cancelled or changed.
Sharing a Flight
If you have chartered an entire aircraft you will be able to invite friends and associates to share your flight. You will be required to provide advance notice to the Operator and provide any information that the Operator may reasonably request, including but not limited to the name(s), date(s) of birth, nationality(ies), passport information and weight(s) of any such person(s) whom you plan to share your flight. TakeOff 360 assumes no obligation to provide this information to the Operator and assumes no liability in the event you or your friends and associates fail to provide this information
TakeOff360 bookings are not for resale. Moreover, there are restrictions under applicable law concerning the sales of flights and aircraft seats for compensation or hire. However, you may be permitted to evenly share expenses with those whom you invite or share your flight. Public sharing is prohibited.
The Operator will only accept baggage and personal items from booked passengers . Operator will not accept baggage from third persons or of a size, weight or other attributes makes it unsuitable for transportation on the aircraft. All baggage is subject to inspection. Government safety, security and hazardous materials rules and regulations apply to carriage of all items. Any claims for loss or damage to baggage and personal items must be made directly to the Operator responsible for your flight. Takeoff360 assumes no responsibility for loss, damage or delayed delivery of baggage or personal items.
Pets/Service Animals must be accompanied by a booked passenger, as most Operators will not accept them otherwise. A reservation for the pet/service animal is required and many Operators may require additional information.
Takeoff360 requires a special request for an Air Ambulance or other medically equipped aircraft.
ARG/US, Wyvern, IS-BAO
TakeOff360 relies upon the recommendations and/or ratings of one or more of the three largest and most important international aircraft charter rating entities - Wyvern, ARG/US, and IS-BAO. TakeOff360 will not list an Operator on its Site unless it has been rated by one or more of these entities.
Takeoff360 shall not be liable for expenses incurred for replacement transportation when caused by factors beyond its reasonable control, including but not limited to mechanical interruptions, weather, governmental action, air traffic control delays or restrictions, natural disaster, war, insurrection, riot, strike, labor unrest or other catastrophe. In the case of mechanical interruptions, charges will only apply on the portions of the flight completed, and Takeoff360 may, at its option, arrange for substitute transportation that may be charged as an additional fee. If a flight does not reach its destination due to any factor beyond TakeOff360's reasonable control, charges will apply to any destination reached and the return flight of the aircraft and crew (with or without passengers) to home base. Flight times and routing are estimated by the Operator and additional fuel stops or alternative routes or vectoring may be required in the Operator's discretion, without liability to TakeOff360.
Takeoff360 and/or Operator will attempt to communicate frequently and keep the customer informed as to the nature of any delayed flights. No amenities or compensation will be provided for a flight that is delayed or cancelled with respect to any event beyond TakeOff 360's reasonable control.
Damage to Aircraft
All passengers shall act in a reasonable and responsible manner while near and on-board the aircraft. In addition, passengers shall fully comply with all flight crew instructions. Passengers and the booking User shall be liable for any aircraft damage and/or missing property arising from their actions. You are responsible for leaving the Aircraft in the condition that it was in when you arrived. You acknowledge and agree that you are responsible for your own acts and are also responsible for the acts of any individuals whom you invite to, or otherwise provide access to, the Aircraft.
No Smoking Policy
Most of our Operators prohibit smoking on board the aircraft. If you need to or desire to smoke on board an aircraft you will need to make arrangements directly with the operator, and there may be an adjustment to the price(s) charged.
Takeoff360 Referral Program
As a User, by referring your friends, acquaintances and business associates ("Friends") to request a booking that receives a confirmed booking via the Site, you may participate in TakeOff 360's Referral Program. If you choose to participate in the Referral Program, for each Friend you refer to Takeoff360 for which a Qualifying Referral (defined below) is completed, you may be able to receive Takeoff360 Travel Funds. “Takeoff360 Travel Funds” are “points” that may be applied as funds toward future confirmed bookings made by Members via the Site, Application and Services.
Takeoff360 may suspend or terminate the Referral Program or your participation in the Referral Program at any time and for any reason. Takeoff360 will not grant any further Travel Funds after the suspension or termination of the Referral Program or your participation in it. Subject to applicable law, all Takeoff360 Travel Funds are forfeited if your Takeoff360 Account is terminated or suspended for any reason, in Takeoff360’s sole discretion, or if Takeoff360 discontinues providing the Site, Application, Services or the Referral Program.
Requirements for Minors
This Website is designed for and intended for use by adults having contractual capacity. If you are under 18, you may use this Site only with the involvement of a parent or legal guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Site. Passengers under the age of 18 are not required to present ID for domestic U.S. travel.
Identification from the responsible adult will be accepted on behalf of the minor(s); however, it is recommended that minors traveling alone have some form of identification as well as instructions for emergency and/or medical care. Children, regardless of age, must possess all necessary travel documents as required by the countries visited on an international itinerary.
You may not assign or transfer these Terms, by operation of law or otherwise, without Takeoff360’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be void and will result in the suspension or termination of your account and right to use the Site. Takeoff360 may assign or transfer these Terms, at its sole discretion and without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Takeoff360 (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California. You and we agree to submit to the personal jurisdiction of any state or federal court located in the City and County of San Francisco, California for any and all actions, legal, equitable, injunctive, or otherwise.
The failure of Takeoff360 to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Takeoff360. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Takeoff360 used herein are trademarks or registered trademarks of Takeoff360. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
The Site and its content are protected by copyright, trademark, and other laws of Canada, United States and foreign countries. You acknowledge and agree that the Site and its content, including all associated intellectual property rights, are the exclusive property of Takeoff360 and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or its content. Takeoff360 will use reasonable efforts to include up-to-date and accurate information, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided. Takeoff360 shall not be liable for any damages or injury resulting from your access to, or inability to access, the Site or from your reliance on any information provided.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site (“Feedback”). You may submit Feedback via email or through the “Contact” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Takeoff360 and you hereby irrevocably assign to Takeoff360 and agree to irrevocably assign to Takeoff360 all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Takeoff360’s request and expense, you will execute documents and take such further acts as Takeoff360 may reasonably request to assist Takeoff360 to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Suspension, Termination and Account Cancellation
We may, in our discretion and without liability therefor, with or without cause and with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Takeoff360 Account. If we exercise our discretion to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Takeoff360 Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, your Takeoff360 Account, your user content, or receive assistance from Takeoff360 Customer Service, (b) any pending or accepted future bookings will be immediately terminated, (c) we may communicate to your Operator(s) that a potential or confirmed booking has been cancelled, (d) we may refund in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, and (e) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Takeoff360 Account. You may cancel your Takeoff360 Account at any time by sending an email to Takeoff360. Please note that if your Takeoff360 Account is cancelled, we do not have an obligation to delete or return to you any content you may have posted to the Site, including, but not limited to, any reviews or Feedback.
Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, and that you will not: restrict or inhibit any other qualified person from using the Site; use the Site for any unlawful purpose; express or imply that any statements you make are endorsed by us, without our prior written consent; impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party; submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability; engage in spamming or flooding; harvest or collect information about Site users; use any password or code to participate in a sale or other offer on the Site if you did not receive the password or code from Takeoff360 or if you violate the terms of the sale or offer; or use any area of the Site for commercial purposes.
IF YOU CHOOSE TO USE THE SITE OR ITS CONTENT AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT TAKEOFF360 DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY OPERATOR OR USER, INCLUDING, BUT NOT LIMITED TO, USER'S GUESTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE AND ITS CONTENT AND THE REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, TAKEOFF360 EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. TAKEOFF360 MAKES NO WARRANTY THAT THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY AIRCRAFT, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TAKEOFF360 MAKES NO WARRANTY REGARDING THE QUALITY OF THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO LISTINGS, AIRCRAFT, YOUR ACCRUAL OF TAKEOFF360 TRAVEL FUNDS, THE SERVICES CONTEMPLATED OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF SAME.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM TAKEOFF360 OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY OPERATORS OR GUESTS. YOU UNDERSTAND THAT TAKEOFF360 DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OPERATORS OR USERS OF THE SITE, OR TO REVIEW, VISIT OR INSPECT ANY AIRCRAFT OR OPERATOR. TAKEOFF360 MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF THE OPERATORS OR USERS OF THE SITE, OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH TAKEOFF360, OPERATORS AND OTHER USERS OF THE SITE WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT, WHETHER THROUGH THE SITE OR BY OTHER MEANS, AS A RESULT OF YOUR USE OF THE SITE. NOTWITHSTANDING TAKEOFF360’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE OPERATOR FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM USERS ON BEHALF OF THE OPERATORS, TAKEOFF360 EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO OPERATOR AND AIRCRAFT LISTINGS AND BOOKINGS, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF TAKEOFF360 WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER TAKEOFF360 NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND ITS CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE OR ITS CONTENT FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR BOOKING OF ANY AIRCRAFT VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAKEOFF360 HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OPERATORS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE TAKEOFF360 OPERATOR GUARANTEE, IN NO EVENT WILL TAKEOFF360’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, LISTING OR BOOKING OF ANY AIRCRAFT VIA THE SITE, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM, EXCEED THE AMOUNTS YOU HAVE PAID FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A USER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TAKEOFF360 AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Takeoff360 and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking, charter and use of an aircraft, or (iii) creation of a Listing; (d) the use, condition or charter of an aircraft by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking, charter or use of an aircraft; and (e) your participation in the Referral Program or your accrual of any Takeoff360 Travel Funds.
Export Control and Restricted Countries
You may not use, export, re-export, import, or transfer the Site or its content in violation of applicable law. In particular, but without limitation, the Site may not be used in or exported to : (a) into any United States -embargoed countries; or (b) to anyone on the United States' lists of Specially Designated Nationals or Denied Persons List or Entity List, or the like. By using the Site, you represent and warrant that (i) you are located in a country that is not subject to a US embargo or that has been designated as a “terrorist supporting” country and (ii) you are not listed on any US list of prohibited or restricted parties. You also will not use the Site for any purpose prohibited by US or other applicable law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Takeoff360 does not permit bookings associated with certain countries due to US embargo restrictions.
Subject to your compliance with these Terms, Takeoff360 grants you a limited non-exclusive, non-transferable license to download and install a copy of the TakeOff360 Application on one (1) single mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any App Store Sourced Application, you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Takeoff360 reserves all rights in the Application not expressly granted to you by these Terms.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from
the Apple App Store (“App Store Sourced Application”):
- You acknowledge and agree that (i) these Terms are concluded between you and Takeoff360 only, and not Apple, and (ii) Takeoff360, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you should notify Apple, and request a refund of the purchase price for the App Store Sourced Application. To the maximum extent permitted by applicable law, Apple has disclaimed any other other warranty obligation whatsoever with respect to the App Store Sourced Application.
- You and Takeoff360 acknowledge that, as between Takeoff360 and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Takeoff360 acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Takeoff360 and Apple, Takeoff360, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and Takeoff360 acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Takeoff360 respects copyright law and expects its users to do the same. It is Takeoff360’s policy to terminate in appropriate circumstances the Takeoff360 accounts of Users who infringe or are believed to be infringing the rights of copyright holders. The trademarks, service marks, trade names, trade dress and products utilized in this Site are protected under applicable law. All content of this Site is owned or controlled by Takeoff360 and is protected by US copyright laws. You may download content only for both personal use an non-commercial purposes but no modification or further reproduction of the content is permitted, nor should financial benefit arise from such usage. The content may otherwise not be copied or used in any way without TakeOff360's permission.
Right to Change Terms
Takeoff360 reserves the right to change the terms and conditions, and pricing without notice.
If you have any questions about these Terms or any App Store Sourced Application, please contact Takeoff360 at firstname.lastname@example.org.
Last Updated: Nov 1, 2015