In order to use the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not:
- Select or use as a username a name of another person with the intent to impersonate that person
- Use as a username a name subject to any rights of a person other than you without appropriate authorisation
- Use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorised use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
Using our Services and Website
- Flytree grants you a non-exclusive, non-transferable licence to access, use and navigate the Services and Website subject to you complying with these Terms.
- You acknowledge and agree that Flytree may send electronic messages to your contact telephone number or email address. You agree that by using the Services you consent to Flytree sending you electronic messages. We will only send you messages related to your booking and, if you opt in, we may send you direct marketing communications and information about services that we consider may be of interest to you. You can opt out of receiving direct marketing communications and information at any time.
- You acknowledge that Flytree does not guarantee that any of the information displayed on its Website including all information, photos, explanations of a Product are accurate and Flytree is not liable for any errors in representation.
- You acknowledge that Flytree acts only as an intermediary between the Customer and the Workshop and is not liable if the workshop does not provide the Products or refuses to accept your Booking.
Our content and access
- Flytree makes all reasonable endeavours to ensure that the information about Products available on the Website are accurate and correct, although we do not warrant that it is accurate, adequate or complete.
- You acknowledge and accept that the Website content may include incorrect information, technical inaccuracies and typographical errors. You acknowledge and accept that the Services and the Website will, from time to time, change without notice to you and that the content of the Website may not necessarily be accurate or up to date at the time you view it
- You are responsible to contact us directly to ensure that any material or information on the Website that you seek to rely on is accurate and current. Flytree disclaims all liability for any direct or indirect loss or damage arising from your use or reliance on the Services or Website to the full extent permitted by law.
- You agree not to attempt to change, add to, remove, deface, hack or otherwise interfere with the Services or the Website or any material or content displayed on the Services or the Website unless expressly permitted by us or these Terms.
- You warrant that you will not hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice.
- We do not guarantee that your access to the Services and/or the Website will be uninterrupted or that the Services and/or the Website is free from viruses or any other malware which may damage any device or data as a result of access to the Services or Website.
- You agree that Flytree may conduct maintenance of the Services or Website at any time and that this maintenance may interrupt your access to the Services or Website.
- We reserve our rights to suspend or terminate your access to the Service or Website at our sole discretion where we hold a reasonable apprehension that you have or may breach these Terms. If we suspect you are or may be in breach of these Terms, we will endeavour to notify you of that breach and ways in which you can remedy.
Our payment terms
- Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). For a description of the current Paid Services. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
- Billing.We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Service. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorise us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
- Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
- Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. (E.G., MONTHLY)
- Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIsED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
- Auto-Renewal for Subscription-Based Services. Unless you opt out of auto-renewal, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional rate. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
- Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact us at [email protected]
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
To the fullest extent of the law, you agree to indemnify us from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms and/or your use of the Services and Website.