MEMBER TERMS AND CONDITIONS
These terms and conditions (Terms) contain information about our website www.hulloaircrew.cloud (Website), mobile phone app hullo Aircrew (App) and the introduction platform which we, hullo Ltd (trading as ‘hullo Aircrew’), provide to facilitate the introduction of Operator Members and Aircrew Members. These Terms also explain how to register with the Website and/or App. Please read these Terms carefully before using the Website and/or App. By using the Website and/or App, you signify your agreement to be bound by the Terms stated below. If you refuse to accept the Terms, you will not be able to participate in any Services via the Website or the App.
1.1. Welcome to hullo Aircrew’s Website and/or App. Our Website, App and the services provided through them are operated by hullo Ltd. hullo Ltd is a company incorporated in England and Wales and our registered office address is Building 34, Rooms 19-20 Oxford Airport, Langford Lane, Kidlington, Oxfordshire, England, OX5 1RA. Our registered company number is 10354414. Should you need to contact us please do so via our website www.hulloaircrew.cloud/contact, or via email at email@example.com or by post to our registered office address.
2.1. The following definitions apply in these Terms:
Aircrew Member means an individual or a company providing flight crew personnel or cabin crew personnel who has set up an account with hullo Aircrew in order to use the Services;
App means our hullo Aircrew application for mobile devices and includes without limitation its content, databases, software, code and graphics;
Conduct Regulations means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
Flight Posting means a posting made on the Platform advertising a flight (or series of related flights) for which an Operator Member seeks aircrew and which is uploaded onto the Platform for the purposes of allowing Aircrew Members to apply for selection by the relevant Operator Member to carry out such flight or flights;
Flight Price means the total price to be paid by the Operator Member to the Aircrew Member for the flight or flights listed in each Flight Posting, [inclusive of VAT and other taxes, if applicable, and expenses (e.g. per diems)] but excluding the applicable hullo Commission;
hullo Flight Commission means as defined in clause 7 of these Terms;
hullo Settlement Facility means the escrow settlement facility offered by the Platform to Members through Mangopay;
hullo Settlement Facility Charge means as defined in clause 7 of these Terms;
Member or Members means Operator Members and/or Aircrew Members, as the context permits;
Operator Flight Completion Confirmation means as defined in clause 7 of these Terms;
Operator Member means a company, firm or organisation operating aircraft and seeking the potential services of Aircrew Members for Flight Postings that has set up an account with hullo Aircrew in order to use the Services;
Platform means, collectively, the Website and the App;
Service or Services means the online advertising and introduction platform provided through the Platform for the purpose of introducing Operator Members to Aircrew Members and vice versa;
Terms means these terms and conditions;
we, us, our or hullo Aircrew means hullo Ltd (company number 10354414) whose registered office address is Building 34, Rooms 19-20 Oxford Airport, Langford Land, Kidlington, Oxfordshire, England, OX5 1RA;
Website means www.hulloaircrew.com and includes without limitation its content, databases, software, code and graphics; and you means a Member.
3. Accessing and Using Our Platform
3.1. We shall provide the Services in accordance with these Terms. All Members must be at least 18 years of age and there should be no reason why you should not be in contact with any other Member. By registering as a Member, you warrant that you are at least 18 years old.
3.2. You are not eligible to use our Platform if we have suspended or previously terminated your access to our Platform. We may however expressly authorise you in writing to resume using our Services at our sole discretion.
3.3. Where you are an Aircrew Member, you warrant that all services provided by you to an Operator Member will comply with relevant legislation and regulations affecting the provision of flight crew or cabin crew services and that you hold all appropriate licences, ratings and certificates.
3.4. Access to our Platform is permitted on a temporary basis and we reserve the right to withdraw or amend the Service without notice (see below). We will not be liable if for any reason our Website and/or App is unavailable at any time or for any period.
3.5. From time to time, we may restrict access to some parts of our Platform, or our entire Platform, to Members who have registered with us.
3.6. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your login details, password or other security information, you must promptly notify us at firstname.lastname@example.org.
4. Account Registration
4.1. For Operator Members:
4.1.1. To register as a Member, in order to gain access to the Services as an Operator Member, you will need to create an account at the relevant login section of the Website. Once done you will be able to upload a Flight Posting and be introduced to Aircrew Members; and
4.2. For Aircrew Members:
4.2.1. To register as a Member, in order to gain access to the Services as an Aircrew Member, you will need to create an account at the relevant login section of the Website or App. Once done you will be able to search Flight Postings uploaded by Operator Members or be contacted directly by Operator Members for urgent requirements and have access to the Member Services Section of the Website or App.
4.3. If you change any of your registration details (which includes email address, postal address, name or other details), you should update your account on our Website or App.
5. Our Role and Status
5.1. We provide an online advertising and introduction community platform through which Operator Members can be introduced to Aircrew Members (and vice versa) to facilitate the provision of crew for aircraft. Operator Members will post requirements for Flight Postings which Aircrew Members will be able to search and Aircrew Members will post details of the services that they provide which Operator Members will be able to search. In certain limited respects we may operate as an employment business in relation to Aircrew members for the purposes of the Conduct Regulations.
5.2. We act as an online advertising and introduction platform for Operator Members and Aircrew Members. When you enter into a contract for the supply of services and/or any goods with an Operator Member or an Aircrew Member advertised on our Platform, the contract will be between the Operator Member and the Aircrew Member. We are not a party to the contractual relationship between the Operator Member and the Aircrew Member (whether oral or in writing). It is up to you to ensure that you are satisfied of the suitability of any engagement, to confirm the identity and the status of those involved and to verify any credentials.
5.3. We do not assume any responsibility for services provided by or between Operator Members and Aircrew Members or any other third party suppliers or any statements made by them and we make no representations or warranties, whether express or implied, about the suitability or quality of any services or goods which appear on our Platform or any statements made about them.
5.4. Without prejudice to the generality of the above:
5.4.1. where you are an Operator Member, you will be responsible for the engagement of anAircrew Member on terms acceptable to you, for verification of their identity, qualifications, credentials and experience and for all necessary direction, supervision and control;
5.4.2. where you are an Aircrew Member, you acknowledge that we do not guarantee any engagement of you by an Operator Member and you must satisfy yourself of the suitability of any engagement and any arrangements between you and the Operator Member; and
5.4.3. where you are an Aircrew Member, you acknowledge that you are an independent contractor and not an employee of hullo Aircrew Limited.
5.5. Nothing in these Terms shall be deemed to constitute a partnership or any employment relationship between you and us, nor will anything be deemed to constitute one party the agent of the other for any purpose.
5.6. You shall indemnify us against all costs, claims, damages, losses and expenses arising as a result of any claim or action suffered by us in the event:
5.6.1. that we are held to be acting as your agent in performing our obligations or any Services under these Terms;
5.6.2. of any breach by you of these Terms; or
5.6.3. of any dispute between Members.
7.1. The cost of our Service in relation to each Flight Posting shall be the hullo Flight Commission (which shall bepayable by the Operator Member) and, if the hullo Settlement Facility is used, the hullo Settlement Facility Charge.
7.2. The hullo Flight Commission payable by the Operator Member shall be calculated as follows:
7.2.1. where the relevant Aircrew Member has elected to use the hullo Settlement Facility,6.9% of the Flight Price; and
7.2.2. where the relevant Aircrew Member has opted out of use of the hullo Settlement Facility, 13.8% of the Flight Price.
7.3. Use of the hullo Settlement Facility shall incur a charge of 6.9% of the Flight Price which shall be payable by the Aircrew Member (the hullo Settlement Facility Charge) to hullo Limited in consideration of hullo’s provision of the hullo Settlement Facility. The hullo Settlement Facility Charge shall be automatically deducted from the payment made to the Aircrew Member through Mangopay once the relevant flight(s) that are the subject of the relevant Flight Posting have been completed and the Flight Price released from escrow. The hullo Settlement Facility Charge shall be retained by hullo Limited.
7.4. Aircrew Members shall be deemed to have agreed to use the hullo Settlement Facility, unless they opt out prior to applying for a Flight Posting. Aircrew Members may opt in or opt out of using the hullo Settlement Facility in respect of each individual Flight Posting applied for through the Platform. Where an Aircrew Member elects to opt out of using the hullo Settlement Facility, they shall be solely responsible for invoicing and obtaining settlement of the relevant Flight Price directly with the Operator Member concerned, and hullo Limited shall have no liability whatsoever in this regard.
7.5. Please note that the way you make payments for our Services is also governed by Mangopay’s terms and conditions, see: MANGOPAY
7.6. Unless the relevant Aircrew Member has opted out of using the hullo Settlement Facility, the Operator Member shall lodge payment of the full amount of the Flight Price plus the applicable hullo Flight Commission into Mangopay at the time of conclusion of the booking of the Flight Posting and in any event before the flight takes place.
7.7. When the relevant flight(s) is/are completed, and the Operator Flight Completion Notification is received or deemed received by us, each of the Operator Member and the Aircrew Member irrevocably authorise and direct that the applicable hullo Flight Commission (calculated in accordance with clause 7.2 above) shall become payable and shall be paid, or (if using Mangopay) deducted, immediately prior to settlement of the balance from the Operator Member to the Aircrew Member (less any applicable hullo settlement Facility Charge).
7.8. Within 3 days of completion of a flight or series of flights that are the subject of a Flight Posting, the relevant Operator Member shall submit an Operator Flight Completion Notification through the Platform. Unless the Operator Member has posted notification of a delay or cancellation of a flight or flights forming part of a Flight Posting for which Aircrew Members have been booked through the Platform, then all flights forming part of a Flight Posting shall be deemed to have been completed by the date which is 10 days following the last flight within that Flight Posting, and an Operator Flight Completion Notification shall be deemed to have been given in respect of that Flight Posting and payments shall be released accordingly.
7.9. For our Services other than Flight Postings, we accept payment by bank transfer or with all typically accepted UK debit and credit cards through Worldpay. We do not accept Diners Club cards.
7.10. We reserve the right to change the fees for the Services from time to time, provided that no change shall be retrospective.
8. Information You Provide / Member Identity
8.1. We shall provide the Services using information, data and criteria supplied by its Members. Commentary andother materials posted on our site are for general information, commercial introductions and marketing purposes only. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any Member to our site, or by anyone who may be informed of any of its contents. You must make all appropriate investigations before entering into an engagement with another Member.
8.2. You acknowledge that it is the Operator Member’s responsibility to verify an Aircrew Member’s eligibility to work, experience, training, qualifications and authorisations required by the Operator Member, by law or by any relevant professional body for a Flight Posting. The Operator Member will be responsible for checking an Aircrew Member’s eligibility on an ongoing basis and, in turn, Aircrew Members will be responsible for submitting up-to- date eligibility information and for satisfying themselves that a Flight Posting is suitable for them.
8.3. You undertake not to submit for inclusion in any information provided by you on signing up to our Services or anything to appear on our Platform, any material which is knowingly inaccurate or out of date, in breach of a third parties rights, illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or which may adversely affect hullo Aircrew’s reputation. You undertake to not use any pseudonyms or aliases.
8.4. You acknowledge that for the purposes of providing the Service, we require certain information from you so that we can introduce you to other Members. Accordingly, if you have not provided all required information, you will have limited access to the Service until all information is provided.
8.5. You undertake to use all information and content obtained through our Platform and the Services lawfully and only for the purposes for which it has been provided and in accordance with these Terms. You will also cease to contact any Member you have been introduced to via the Services if they request you to do so.
8.6. You agree to use our Platform and the Services in “good faith” (i.e. for Operator Members, to post authentic Flight Postings of reasonable quality which provide both adequate and accurate flight details, and for Aircrew Members to provide accurate, complete and authentic credentials). You also agree that any abuse of the Services, Website or App or these Terms can result in a Member’s access to the Services being removed, and its account terminated. We will not be responsible or liable to any third party for the content or accuracy of any information posted by you or any other Member and we have no obligation to you, and undertake no responsibility, to review such information to determine whether it may result in liability to any third party.
8.8. You shall indemnify us against all damages, losses and expenses arising as a result of any action or claim that any information posted, or linked to, our Platform by you constitutes a breach of this clause 8.
8.9. We aim to update our Website and App regularly and may change the content at any time. If required, we may suspend access to the Website and/or the App or close any one of them indefinitely. Any material on our Website or App may be out of date at any given time and we are under no obligation to verify or update such material.
8.10. Any information is provided for your use in the context of arranging the provision of flight crew or cabin crew services and ancillary or related matters and it may not be used for any further commercial purpose, such as the resale or further distribution to a wider audience.
9. Our Contract with You
9.1. A legally binding contract between hullo Aircrew and the Member comprising these Terms will come into effectwhen the screen confirming successful registration appears on our Website or App and/or you receive an email confirmation (to the email address provided on setting up the account) stating that your registration and order for Services has been accepted.
9.2. The email conformation does not constitute an offer by hullo Aircrew to provide the Services and we reserve the right in our sole and absolute discretion to refuse to offer the Services to any person or organisation either at the point of account registration or following registration on our Website or App.
10. Member Obligations
10.1. For Operator Members:
10.1.1. you will be responsible for providing us with all relevant information about the proposed Flight Posting which may be relevant to the engagement of an Aircrew Member, including without limitation:
10.1.1.1. the start date and likely duration of the work;
10.1.1.2. the type of work;
10.1.1.3. the location(s) at which the Aircrew Member may be required to work;
10.1.1.4. any health and safety risks known to the Operator Member and what steps have been taken to prevent or control such risks;
10.1.1.5. the experience, training, qualifications and any authorisations which the Operator Member considers necessary, or which are required by law, or any professional body, for the Aircrew Member to possess in order to carry out the work; and
10.1.1.6. any expenses payable by or to the Aircrew Member;
10.1.2. you will be responsible for paying the Flight Price subject to completion of each Flight Posting;
10.1.3. you will be responsible for paying all fees, commissions (including hullo FlightCommissions) and applicable taxes connected with your use of our Services;
10.1.4. you will promptly and accurately respond in full to all queries, clarifications and requestsmade by an Aircrew Member;
10.1.5. you will ensure that any information provided by you is fully up-to-date, accurate andcomplete throughout the duration of your use of our Services;
10.1.6. you will not use any personal information of any Aircrew Member obtained through ourPlatform for any purpose other than in connection with the Services; and
10.1.7. you will comply with all applicable laws and regulations in relation to any Flight Postingon our Platform and in relation to the engagement of any Aircrew Members.
10.2. For Aircrew Members:
10.2.1. you will be responsible for paying all charges including if applicable, the hullo SettlementFacility Charge and applicable taxes connected with your use of our Services;
10.2.2. you will promptly and accurately provide all documentation required or requested by the Operator Member to prove your eligibility to work, your experience, training, licences, ratings, qualifications and authorisations, by law or by any relevantprofessional body for relevant Flight Postings you are responding to on the Platform;
10.2.3. you will ensure that any information provided by you is fully up-to-date, accurate andcomplete throughout the duration of your use of our Services;
10.2.4. you will promptly and accurately respond in full to all queries, clarifications and requestsmade by an Operator Member; and
10.2.5. you will comply with all applicable laws and regulations in relation to any Flight Postingthat you respond to on the Website or App.
11. Non competition and non-circumvention
11.1. If you are an Operator Member you agree that you will not:
11.1.1. offer employment or contract work directly or indirectly to any Aircrew Member other than through our Platform for a period of one year following the completion of any Flight Posting;
11.1.2. offer employment or contract work directly or indirectly to any employee or contractor of hullo Limited and its group companies at any time whilst you are an Operator Member and for a period of one year following your ceasing to be an Operator Member.
11.2. If you are an Operator Member and you wish to engage (whether as an employee or contractor) an Aircrew Member by whom a Flight Posting has been completed for you through our Platform then you shall have the following two options. You may either:
11.2.1. apply to extend the period of hire of the Aircrew Member for a continuous period of 30 days, calculated at the daily rate set out in the most recent Flight Posting performed for you by such Aircrew Member. Any such application shall be subject to the availability and wishes of the relevant Aircrew Member and subject to conclusion of a mutually acceptable contract with them; or
11.2.2. pay a Transfer Fee calculated in accordance with clause 11.4 below.
11.3. If you are an Operator Member and you introduce an Aircrew Member by whom a Flight Posting has been completed for you through our Platform to a third party (for example an aircraft owner) and that third party then wishes to engage (whether as an employee or contractor) the relevant Aircrew Member whether directly or indirectly, then you shall pay a Transfer Fee calculated in accordance with clause 11.4 below.
11.4. For the purposes of this clause, the Transfer Fee shall be calculated as the greater of:
11.4.1. 30 days’ engagement of the relevant Aircrew Member at the daily rate set out in themost recent Flight Posting performed for you by such Aircrew Member; and
11.5. The calculation of the Transfer Fee as set out in clause 11.4 above reflects:
11.5.1. the potential loss of business for hullo Aircrew due to Flight Postings for that AircrewMember taking place outside of our Platform;
11.5.2. the costs of new Aircrew Member acquisitions;
11.5.3. suspension or removal of the relevant Aircrew Member’s account and information fromour Platform; and
11.5.4. hullo Aircrew’s management time in monitoring and dealing with such transfer.
11.6. All Transfer Fees payable under this clause 11 shall be due and payable to us within 14 business days’ of the date of:
11.6.1. the relevant engagement of the Aircrew Member; and
11.6.2. the date of a written demand from hullo Aircrew, whichever is the sooner.
12. Consumer Rights and opt out of Conduct Regulations
12.1. If you are an Aircrew Member and you are a “consumer” (as that term is defined in the Consumer Contracts(Information, Cancellation and Additional Charges) Regulations 2013 (the Regulations), you normally have a legal right (pursuant to regulations 29 and 30 of the Regulations) to cancel a contract (without giving any reason) for the purchase of goods and/or services by no later than the end of 14 calendar days from the day of the conclusion of the contract. However, by clicking the “Sign-Up” button in the sign-up process, you give us your express consent that we may begin the supply of the Services (which, for the avoidance of any doubt, are to be treated as “digital content” as defined in the Regulations) before the end of that 14 calendar day cancellation period (i.e. from when we have sent the membership confirmation email to you) and you acknowledge that you have lost your legal right to cancel the contract between you and us pursuant to regulations 29 and 30 of the Regulations.
12.2. If you are an Aircrew Member and you operate through a personal service company or an umbrella company, for the purposes of the Conduct Regulations, you (which term shall be deemed, for these purposes, to include both the corporate entity and the individual providing services through that company) hereby agree to opt out of the Regulations in their entirety.
12.3. Any other rights regarding cancellation and refunds will be at our sole discretion and no such refunds will be given where you have breached these Terms.
13. Suspension, Termination and Account Closure
Without prejudice to any other remedy, hullo Aircrew may suspend or terminate a Member’s account and Services with immediate effect in the event of material or persistent breach of these Terms by a Member or in relation to any of the following acts:
13.1. you have not provided full or accurate contact or company information;
13.2. we consider that you are or have been acting inappropriately or illegally in connection with our Services;
13.3. you are using our Platform to advertise websites, services, businesses and/or business opportunities that are not connected to a flight job posting in any part of the Platform;
13.4. you default on any payment; or
13.5. the Operator Member has shared its Service access with a third party.
13.7. Any decision we make to remove or request the removal of any content or to terminate or suspend any accounts shall be final. The termination or suspension of an account shall apply to any and all Member accounts that may have been used by a Member.
13.8. We reserve the right to delete your account. Any personal data or other information associated with your use of our Website or App will be held securely and in accordance with the UK Data Protection Act 1998.
13.9. You may request deletion of your account at any time. Please email us at the email address provided in clause 1 above to request the deletion of your account.
14. Data Protection
14.1. You warrant that you will comply with the requirements of the Data Protection Act 1998 and any other relevant legal requirements in respect of data protection.
14.2. You agree to indemnify us against any loss, damages, costs and expenses (including reasonable legal fees and costs) incurred by us a result of your breach of the above warranty.
15. Intellectual Property Rights
15.1. All intellectual property rights connected with the Services and/or the Platform and that appears on our Platform shall remain vested in hullo Aircrew or any third party from whom such rights are licensed. Members shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights without obtaining a licence from us or our licensors.
15.2. The trade marks, logos and brands appearing on our Platform are owned by us or our licensors. No permission is given in respect of the use of any of these marks, logos or brands, and any such use may constitute an infringement of the holder’s rights.
16. Software (including Third-party Software)
16.1. You acknowledge that you may need to download and activate certain software in order to use certain contenton our Platform. This software (where applicable) will be identified on our Platform.
16.2. Where third-party software is used, you acknowledge that you may need to accept the terms of any applicable licence agreement of that third-party. We are not responsible for such third-party software.
16.3. We cannot guarantee that:
16.3.1. the Platform and/or the Services will be available at all times;
16.3.2. the Website or App will be free from errors, viruses and/or other harmful applications;and
16.3.3. the Services will generate any applications, responses or results of flight job applicantsor flight job postings. For the avoidance of doubt, no Service is guaranteed to result in a flight placement.
16.4. It is the Member’s responsibility to protect its computers against any viruses and malware.
17.1. The material displayed on our Platform is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
17.2. Nothing in these terms shall exclude or limit our liability for death or personal injury resulting from our negligence, fraud or fraudulent misrepresentation in connection with our Services.
17.3. We shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of profit, loss of business, business interruption or any indirect or consequential loss arising under or in connection with these Terms and our Services, any loss of turnover or of goodwill, or any damage to your property.
17.4. hullo Aircrew endeavours to prevent fraud and to terminate access to the Platform of those users who are found to disseminate false information or engage in acts of fraud. We do not, however, have the technical capacity to verify that each user registered with our Platform represents the person that they claim to be. Members should carry out their own checks as required to verify identity and accuracy of information provided by other Members.
17.5. hullo Aircrew does not accept any responsibility for the nature or quality of any Members’ performance or any financial arrangements between the Members.
17.6. Subject to clauses 17.1 to 17.4 above, hullo Aircrew’s aggregate liability in respect of any claims based on events arising out of or in connection with the Services or these Terms, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total charges paid by you for the Services in the calendar year in which the claim arises.
18. No Partnership or Agency
18.1. Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between us and any of the Members, constitute any Member or us as the agent of another, or authorise any Member or us to enter into any commitments for or on behalf of the other.
19.1. You agree to only use our Platform in accordance with these Terms. You accept that you will compensate us in full for any damages, losses, costs and expenses, including legal fees we incur that arise out of any breach by you of these Terms (including as a result of any information you post to our Platform or any actions you take which disrupt access to and/or the functioning of our Platform, or any liability we incur as a result of the use of our Platform by you and any other person that uses your account with your permission or as a result of your negligence.
20. Entire Agreement and Modification of Terms
20.1. These Terms contain the entire agreement and understanding between us and you. You acknowledge that youhave not relied on any representation, assurance, statement or warranty made by us in entering this contract; however, nothing in this clause shall exclude any liability for fraudulent misrepresentation.
20.2. We may, in our sole and absolute discretion, add to, modify or discontinue any of the Services at any time. If we do, we will send you an email with the modified Services or by posting a copy of them on our Platform.
20.3. We reserve the right to make changes to these Terms from time to time. If we do, we will send you an email with the modified Terms or by posting a copy of them on our Website or App. We do however recommend you check this page from time to time to take notice of any changes we make, as they are binding on you. Your continued use of our Website and/or App after any such changes constitutes your acceptance of the new Terms.
21.1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms unless we haveprovided you with express written consent.
21.2. We may transfer our rights and obligations under these Terms to another organisation.
22. Third Party Rights
22.1. These Terms do not create any right enforceable by any person who is not a party to them or any contract made under them in accordance with the Contracts (Rights of Third Parties) Act 1999.
23.1. Each clause of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, they shall be deemed modified to the minimum extent necessary to make them valid, legal and enforceable and the remaining clauses in these Terms will remain in full force and effect.
24.1. If at any time we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.
24.2. No waiver by us of any of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 28 below.
25.1. The Website and the App are operated from the United Kingdom. If you choose to access our Website or App from outside the United Kingdom, we make no representation that the content and operation of our Website or App will comply with local laws.
26. Governing Law and Jurisdiction
26.1. Any disputes or claims between us arising out of or in connection with these Terms or any contract made under them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England.
26.2. The courts of England shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).
27. Contact Us
27.1. If you have any concerns about the material which appears on our Platform, or would like to request further information about us, please contact us via email or by post at the addresses provided under Clause 1 above.
27.2. We will endeavour to respond to all concerns and requests for information within 5-10 working days.
28. Written Communication and Notices
28.1. You agree that communication between you and us can be made via electronic means and you acknowledge that all contracts, notices, information and other updates will be provided electronically. As such, we will contact you mainly by email or provide you with information by posting notices to your account on our Website and App (as appropriate).
28.2. All notices given by you to us must be given sent to our registered office address provided at clause 1 above.
29. Disputes Between Members
29.1. We are under no obligation to become involved in disputes between any Members, or Members and any third party arising in connection with the use of our Services and our Platform. This includes but is not limited to the fulfilment of any Flight Postings or payments in relation to any accepted or completed Flight Postings, along with any other terms, conditions, warranties or representations associated with our Services, Website or App.
30. Events Outside our Control
30.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (“Force Majeure Event”).
30.2. We shall endeavour to keep the Platform consistently available to Members as technically practicable, but Members should be aware that 100% availability is not achievable. Brief interruptions in our Service may occur due to maintenance, security or capacity considerations or events over which we have no control or influence.
30.3. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; server, network or systems failures; power supply failures; impossibility of the use of public or private telecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.