This User Agreement describes the terms on which Anthem Aviation Services, a Limited Liability Partnership (“LLP”), having LLP Identification Number AAB-5381 (hereinafter referred to as “Anthem”, “JSG”, “jetsetgo.in”, “we”, “us” or “our”) offers you (“you” or “your”) access to its website and to its applications designed for iPhones and for all Android phones under the name of JetSetGo-book private jets (including all information, content and functionality available through jetsetgo.in), and services provided by us. By using the services provided by JSG through the Network (“Network includes the Website, (“jetsetgo.in”), iPhone and Android applications available on the respective application stores under the name of “JetSetGo-book private jets” and any other service provided to you by JSG”) you are agreeing to the following terms as they exist (collectively, the “Agreement”). If you do not agree to any of the terms in this Agreement and the related policies referenced in this Agreement, please refrain from using the services provided on the Network.
We may amend this Agreement at any time in our sole discretion by posting the revised terms on this Website, and JSG shall have no obligation to inform you on an individual basis, of the same. Unless otherwise stated in such amendment, the revised terms will take effect when they are posted on the Network. You agree that you shall be responsible for checking the Network from time to time to take note of any such revisions and for reviewing any such changes. Your continued use of the Network and our services following changes to the Agreement will constitute your acceptance of the changes or modifications to this Agreement.
Your continued use of the services will signify your acceptance to be bound by the terms of this Agreement.
TERMS AND CONDITIONS
JSG provides services and maintains one or more websites or webpages, iPhone and Android applications available on the respective application stores (“the Network”) forming a charter air services market. The Network aggregates quotes for air charter trips, as well as advertises for other
services provided by third party air carriers (“the Carriers”).
The Network serves as a market for Carriers and users of air carrier services (the Users), through provision of advertising services and information on available air transportation services provided by the Carriers.
JSG does not and will not act as air carrier or operate, maintain, own or charter aircraft and will only act as an information, reservation, and payment services provider.
These Terms and Conditions govern your access to and use of the Network and services provided therein. You, as a User, agree to use the Network only in accordance with these Terms and Conditions. You may access and use the Network only in order to research Carrier's charter aircraft schedules and prices, make legitimate requests to book services offered by Carriers (“the Requests”) and enter into agreements with Carriers for air transportation services (“the Carriage Contracts”).
These Terms and Conditions are not a contract for air transportation and no such contract is or will be entered into between you and JSG. JSG is not and will not act as an air carrier and does not operate, maintain, own or charter aircraft. JSG acts solely as an information, scheduling, reservation and payment service provider. All air transportation services are provided by third party air carriers. The terms and conditions applicable to the Carriage Contracts between yourself and a Carrier are those that are provided by the Carrier and JSG is not a party to Carriage Contracts and bear no obligations relating thereto. JSG may at any time amend these Terms and Conditions. Your continued use of the Network will be conditioned upon the Terms and Conditions in force at the time of such use.
Any information contained in the Network is for general information purposes only. While we endeavor to keep such information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to such information, or the products, services, or related graphics referred to therein for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will JSG be liable for any loss or damage including, without limitation, direct, indirect, special, penal or consequential loss or damage, or any loss or damage whatsoever arising out of, or in connection with, the use of this Network, including without limitation, loss of data, loss of profits, goodwill or business or availing of the services provided by us through the Website.
2. Use of the Network
You represent and warrant that you are of sufficient legal age and capacity to enter into legally binding agreements, including these Terms and Conditions and any Carriage Contract. You represent and warrant that no restriction applies to you that would prevent you from entering into or performing any such agreement.
You may only access and use the Network to research Carrier's charter aircraft schedules and prices, make legitimate Requests to book services offered by Carriers and enter into Carriage Contracts with Carriers. The Requests must not be speculative, false or fraudulent. You may not make any Request under or enter into any agreement on behalf of a fictitious User, under a false name, or with an invalid credit card/debit card or any from of online payment methods, or by use or any other fraudulent information. Please note that fraudulent users WILL be prosecuted and may face civil and criminal liability, depending on applicable law.
You may not use the Network to submit Requests or enter into any Carriage Contract for or on behalf of third parties unless you are legally authorized to do so on that third party's behalf. You agree to indemnify and hold JSG harmless from and against any liabilities, losses, damages and claims (including reasonable attorneys' fees) relating to your actions or omissions on behalf of any third party, including your failure to inform such third parties of all applicable terms and conditions pertaining to services acquired through the Network.
3. Termination of Usage
Your access to all or part of the Network may be suspended at the sole discretion of JSG at any time, with or without notice and with or without reason.
4. Reservation of Rights
We retain the right to stop and remove from the Network, any Project or transaction, prevent or restrict access to the Network or to our services, or to take any other action in case of technical problems, objectionable material, false Project listings, inaccuracies, unlawful Projects or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
We may report fraudulent or illegal conduct or actions which come to our notice, to the concerned legal authorities, and we will cooperate with law enforcement officials in respect of any investigations carried out by them pertaining to any alleged violation of applicable law.
5. Ownership of Information and Proprietary Rights and License
You acknowledge and agree that any and all materials and information contained in the Network, including but not limited to, data, software, photographs, images, video, graphics, sounds, quotes, written and other materials, (the Materials) are the property of JSG or have been licensed to JSG. You may not copy, disseminate, or misappropriate any Material without JSG' prior written consent. All trade marks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly Jetsetgo or by Jetsetgo’s licensors. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever. However, you are allowed to print and copy portions of the Network, including these Terms and Conditions, Carrier's materials and terms and conditions, Carriage Contracts, trip confirmation information, and other materials, for the sole purpose of using the Network as a shopping resource, in accordance with these Terms and Conditions.
6. Reservation services
The Network is a charter air services market and JSG only acts as an intermediary between Carriers and Users. JSG does not provide air transportation services and does not assume liability for any injury, damage, death, loss, accident or delay due to any action or omission of Carriers or third parties in connection with Carriage Contracts. A Carriage Contract, when entered into, is between a Carrier and a User. JSG is not a party to Carriage Contracts and bears no obligation relating thereto.
It is the User’s responsibility to ensure, prior to entering into any Carriage Contract, that the User and all third parties traveling with the User are legally authorized to undertake the air transportation of the Carriage Contract, including but not limited to, holding valid passports, visas, invitations, sponsorships, according to the laws of the countries of departure and arrival.
7. Data Protection
JSG will collect and process personal data or personal information as is necessary or as may be useful in connection with the performance of this agreement. You acknowledge and agree that such personal data may be transferred to third parties on a need to know basis (e.g., the Carriers), including parties in foreign countries and you warrant that any such information is freely given with your own consent. Further you agree to indemnify and hold JSG harmless from and against any liabilities, losses, damages, claims (including reasonable attorneys' fees), relating to your actions or omissions in providing the said personal data or personal information, including your failure to provide accurate information and abide by all applicable terms and conditions applicable to services acquired through the Network.
JSG is committed to ensuring that your privacy is protected. In the event that we ask you to provide certain information by which you can be identified when using the Network, you can be assured that it will only be used in accordance with this privacy statement.
JSG may change this policy from time to time by updating this page.
We may collect the following information (a) name and job title, (b) contact information including personal address, email address and any other contact information as may be required, (c) demographic information such as postcode, preferences and interests, (d) any other information relevant to the services we provide.
JSG requires this information to understand your needs and provide you with better service, and in particular for the following reasons: (a) internal record keeping, (b) JSG may use the information to improve our products and services, (c) JSG may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided, (d) From time to time, JSG may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the Network according to your interests.
JSG is committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information that is collected online. In case of any breach of the aforesaid security protocols, you agree and warrant that you will have no claim against JSG for any loss or damage suffered by you.
10. No Warranties
All products, services and information available through the Network are provided on an "as is, as available" basis, without any warranty of any kind, either express or implied, other than those imposed by law. In particular, without limitation, no warranty is made regarding the acceptance of any Request or formation of any Carriage Contract; regarding the availability of services through the Network or by a Carrier; regarding the completeness, accuracy, reliability or quality of any information provided or available through the Network; regarding the performance or non- performance of Carriage Contract by Carriers; that the Network will be accessible or error-free.
The terms and conditions of any Carriage Contract govern any air transportation provided by the Carrier. You expressly agree that your use of the Network and any air transportation purchased through the Network is at your sole risk and expense.
You agree to defend, hold harmless and indemnify JSG, its officers, directors, employees and agents, investors, shareholders affiliates, contractors, attorneys, and third party service providers and their employees from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees) incurred by us arising out of any claim, suit, proceeding, demand or action brought by you or any third party against us: (a) in connection with your availing of our services, including any payment obligations incurred through your availing of our services; or (b) resulting from: (i) your use of the Network (ii) your decision to supply credit information via the Network, including personal financial information; (iii) your decision to submit Project postings and accept offers from other users on the Network; (iv) any breach of contract or other claims made by users with whom you conducted business through the Network; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional or unintentional wrongdoing by you; (viii) any failure on your part to pay fees and/or charges payable by you, when due; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to another user. Further you agree that you shall be solely responsible for any and all liability arising out of or relating to (1) your relationship with third parties on behalf of whom you use the Network and enter into Carriage Contracts; (2) your relationship with Carriers and any conduct, or absence of conduct, of air transportation services. Further you agree that you will solely be responsible for (1) any breach or default in any Carriage Contract; (2) any loss or damage to persons or property connected in or resulting from your operations; (3) any violation of applicable laws or regulations by you; or (4) arising out of any breach by you of these Terms and Conditions (including any representation or warranty by you herein). You agree to be solely responsible for defending any claim against JSG, subject to JSG right to participate with counsel of its own choosing; provided that you will not agree to any settlement that imposes any obligation or liability on JSG without JSG prior written consent.
Further you agree and warrant that in particular, you shall be responsible for any damage that may be caused to the aircraft in which you travel, by you, other passengers for which you booked a trip, and/or any animals bought on board by you or other passengers for which you booked a trip and you agree and warrant that JSG will not be liable for any of the claims and proceedings that may arise out of such damage being caused to the aircraft.
You will not hold JSG, its officers, directors, employees or agents responsible for other users’ actions or inactions, including the content they submit on the Network. JSG have no control over and do not guarantee the originality, authenticity, quality, safety or legality of the content with respect to deliverables submitted by users, carriers or any third party, the truth or accuracy of Project listings or user information, the qualifications, background, or abilities of users carriers or any third party, the ability of users carriers or any third party to deliver the Deliverables that they represent that they would provide to Purchasers, or that users, carriers or any third party will complete a transaction. The Supplier and Purchaser of those deliverables in question must look solely to the other for enforcement and performance of all their rights and obligations in respect of the transactions it entered into with the each other on the Network as JSG will not be liable for any failure to deliver the said deliverables by Users, carriers or any third party, and any other terms, conditions, representations, or warranties associated with such transactions.
If you have a dispute with another user, carriers or any third party, you hereby agree and release JSG (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and claims for damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
The provisions of this clause will survive the expiry or earlier termination of this Agreement and/or your membership of the Website.
14. General Limitation of Liability
To the fullest extent permitted by law, and in no event shall JSG be liable for any injury, death, loss, claim, damage, act of god, accident, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of the Network or with any delay or inability to use the Network, or for any air travel or other services obtained through the Network.
Furthermore, JSG is not responsible for any User damages and/or delays due to Carrier cancellations, breach of Carriage Contracts, equipment breakdown, government restraints, war, civil unrest, weather or any other causes beyond the JSG reasonable control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. JSG shall not be responsible for any Carrier's breach of agreement or violation of law, or any other wrongdoing of a Carrier (including any liability in tort), as to any services arranged through the Network. JSG shall not be responsible for any Carrier's failure to comply with applicable laws including, without limitation, laws governing required refunds or consumer information disclosures.
JSG will not be responsible for any errors or delays in responding to a Request caused by technical problems beyond their control, including without limitation User error, hardware, software or transaction malfunctions.
If, notwithstanding any of the above, if JSG is found liable for any loss or damage relating to the use of the Network, you agree that the liability of any such party shall in no event exceed the fee or charge paid by you to JSG.
Every effort is made to keep the Network up and running smoothly. However, JSG assumes no responsibility for, and will not be liable for the Network being temporarily unavailable due to scheduled or unscheduled maintenance, technical issues beyond our control or due to interruptions, disruptions caused to the operation of the Network due JSG service providers. In the event of the Network being unavailable for any reason whatsoever, you agree and acknowledge that you shall have no claim for damages against JSG in respect of the same. JSG sole obligation towards you in such circumstances will be to take commercially reasonable measures to rectify the non-availability of the Network.
Notwithstanding any other provision of this Agreement, in no event will our liability to you for any action or claim related to the services provided by us through the Network, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of: (a) $100 or (b) the total fees you paid to us in the three months prior to the action giving rise to the liability.
15. NOTIFICATIONS / COMMUNICATIONS TO USERS
JSG may send booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change or any such other information relevant for the transaction, via SMS or by voice call on the contact number given by the User at the time of booking; JSG may also contact the User by voice call, SMS or email in case the User couldn’t or hasn’t concluded the booking, for any reason whatsoever, to know the preference of the User for concluding the booking and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by JSG is (a) upon the request and authorization of the User, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad. The User will indemnify JSG against all types of losses and damages incurred by JSG due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by the User on JSG with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.
JSG may send offers, push notifications, based on the user’s location and preferences. In case you wish to stop receiving these, you can contact firstname.lastname@example.org
JSG at its sole discretion reserves the right to not to accept any customer request without assigning any reason in connection with the same.
We may amend this Agreement at any time at our sole discretion by posting the revised terms on this Website, and JSG shall have no obligation to inform you of the same. Unless otherwise stated in such amendment, the revised terms will take effect when they are posted on the Network. You agree that you shall be responsible for checking the Network from time to time to take note of any such revisions and for reviewing any such changes. Your continued use of the Network and our services following changes to the Agreement will constitute your acceptance of the changes or modifications to this Agreement.
16. APPLICABLE LAW & ARBITRATION
This Agreement shall be governed by the laws of India.
All disputes arising out of this Agreement, which cannot be settled through mutual discussion shall be referred to and decided finally by arbitration held at Bhopal, under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The courts at Bhopal shall have exclusive jurisdiction with regard to any matters relating to such arbitration.
The provisions of this clause will survive the expiry or earlier termination of this Agreement and/or your membership of the Website.