Agreement between User and www.flock.aero
Welcome to www.flock.aero. The www.flock.aero website (the "Site", including any sub-domains, unless expressly excluded by their own terms of service) is comprised of various web pages operated by FltCtrl Ltd ("Flock.aero", "us", "we", or "our"). Flock.aero is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of Flock.aero constitutes your agreement to all such Terms. Please read these Terms carefully before using the www.flock.aero website. These Terms apply to all visitors, users, members and others who access or use the Service. If you do not agree to be bound by these terms of service, you should stop using the Website immediately.
In these terms of service, User or Users means any third party that accesses the Website and is not either (i) employed by FltCtrl Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to FltCtrl Ltd and accessing the Website in connection with the provision of such services.
Flock is an Aviation Services Marketplace that aims to give aircraft operators and aviation suppliers the power to connect and succeed in their business. At its very core Flock is a directory of all the airports and suppliers operating at these airports, providing up to date contact details, listings of services and other related useful information. What makes Flock different from any other regular aviation directory is that it is open to the community – meaning all the information is freely available for everyone, but also everyone is able to correct and provide missing information and unique insights. We're constantly working on improving Flock – by adding and updating information in our databases, but also by building new and unique features that will help our users always be informed on important business information and connect suppliers with operators helping them find new opportunities to improve their business operations.
You are encouraged to familiarise yourself with your rights contained within the Sale of Goods Act 1979, Unfair Contract Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that FltCtrl Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that FltCtrl Ltd cannot accept any liability for loss or damage arising out of such cancellation.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section "Availability, Errors and Inaccuracies" is without prejudice to existing statutory rights.
Contests, Sweepstakes and Promotions
Some parts of the Service are billed on a membership subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Membership Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or FltCtrl Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting FltCtrl Ltd customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide FltCtrl Ltd with accurate and complete billing information including full name, address, state, zip code, postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize FltCtrl Ltd to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, FltCtrl Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
FltCtrl Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time ("Free Trial").
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by FltCtrl Ltd until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, FltCtrl Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
FltCtrl Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
FltCtrl Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. These Terms should be read alongside, and are in addition to our policies, including our privacy and cookies policy (https://flock.aero/privacy-policy).
For the purposes of these Terms and Conditions: (a)'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR. (b) 'GDPR' means the General Data Protection Regulation (EU) 2016/679. (c) 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
We are a Data Controller of the Personal Data we Process in providing services to you. Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing the services to you, we will comply with our obligations imposed by the Data Protection Laws: before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected; we will only Process Personal Data for the purposes identified; we will respect your rights in relation to your Personal Data; and we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact CTA at the following e-mail address: firstname.lastname@example.org.
Visiting www.flock.aero or sending emails to Flock.aero constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Flock.aero is not responsible for third party access to your account that results from theft or misappropriation of your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. Flock.aero and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms of service. You may cancel your registration at any time by informing us in writing to the address at the end of these terms. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Children Under Thirteen
Flock.aero does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms of service, you represent and warrant that you are at least 18 years of age.
Links to Third Party Sites/Third Party Services
www.flock.aero may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Flock.aero and Flock.aero is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.Flock.aero is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Flock.aero of the site or any association with its operators.
Certain services made available via www.flock.aero are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.flock.aero domain, you hereby acknowledge and consent that Flock.aero may share such information and data with any third party with whom Flock.aero has a contractual relationship to provide the requested product, service or functionality on behalf of www.flock.aero users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All Content included on the Website, unless uploaded by Users, is the property of FltCtrl Ltd, our affiliates or other relevant third parties. In these terms of service, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights, other intellectual property rights, and other laws of both the United Kingdom and foreign countries. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Flock.aero content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Flock.aero and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Flock.aero or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Flock.aero has no obligation to monitor the Communication Services. However, Flock.aero reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Flock.aero reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Flock.aero reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Flock.aero's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Flock.aero does not control or endorse the content, messages or information found in any Communication Service and, therefore, Flock.aero specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Flock.aero spokespersons, and their views do not necessarily reflect those of Flock.aero.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to www.flock.aero or Posted on Any Flock.aero Web Page
Flock.aero does not claim ownership of the materials you provide to www.flock.aero (including feedback and suggestions) or post, upload, input or submit to any Flock.aero Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Flock.aero, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Flock.aero is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Flock.aero's sole discretion.
You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload confidential commercial content onto the Website.
You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms of service and will not cause injury to any person; and that you will indemnify FltCtrl Ltd for all claims resulting from Content you supply.
Third Party Accounts
You will be able to connect your Flock.aero account to third party accounts. By connecting your Flock.aero account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
You agree to indemnify, defend and hold harmless Flock.aero, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Flock.aero reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Flock.aero in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms of service will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Flock.aero agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
NOTHING IN THESE TERMS WILL: (A) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR OR YOUR NEGLIGENCE, AS APPLICABLE; (B) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) LIMIT OR EXCLUDE ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FLOCK BY FLTCTRL LTD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
INFORMATION AND DATA PROVIDED ON WWW.FLOCK.AERO CAN ONLY BE USED AS A REFERENCE FOR COMMERCIAL PLANNING PURPOSES AND NOT FOR EN-ROUTE NAVIGATION. FURTHERMORE, FLOCK BY FLTCTRL LTD AND/OR ITS SUPPLIERS DO NOT WARRANT THAT INFORMATION OR DATA LISTED ON FLOCK WEBSITE COMPLIES ANY CIVIL AVIATION REGULATORY AUTHORITY UTILIZATION IN FLIGHT NAVIGATION.
FLOCK BY FLTCTRL LTD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FLOCK BY FLTCTRL LTD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Flock.aero reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
To the maximum extent permitted by law, this agreement is governed by the laws of United Kingdom and you hereby consent to the exclusive jurisdiction and venue of courts in the United Kingdom in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Flock.aero as a result of this agreement or use of the Site. Flock.aero's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Flock.aero's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Flock.aero with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Flock.aero with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Flock.aero with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms of service and no third party will have any right to enforce or rely on any provision of these terms of service.
If any court or competent authority finds that any provision of these terms of service (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms of service will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy. This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
FltCtrl Ltd Details
FltCtrl Ltd is a company incorporated in England and Wales with registered number 09924121 whose registered address is 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ and it operates the Website www.flock.aero. The registered VAT number is 273791765.
You can contact FltCtrl Ltd by email on email@example.com.