TERMS & CONDITIONS

Section 1. Introduction

1.1: Welcome to our iOS application (the 'App'). By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions ('Terms') and our Privacy Policy. Please read these Terms carefully; they are a legal document. If you have any queries about the App or these Terms, you can contact us by the means set out in paragraph 1.4 of these Terms. If you do not accept the Terms and/or do not wish to be bound by them, please exit the App immediately and do not use it again in future.

1.2: We reserve the right to update or revise these Terms at any time. The updated version will be effective immediately, and the current Terms are available through the link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them as you will be bound by the new policy upon your continued use of the App.

1.3: In this document:

1.3.1 References to 'we', 'us' or 'our' are references to Pilot Getaways and Airventure Publishing.
1.3.2 'Customer' means any person, company, organization, or firm that purchases services from us.
1.3.3 'Order form' means an order for services on a form provided by us (in any format).
1.3.4 'Services' means all products and services made availible by us at any time.
1.3.5 'Contract term' means the full term specified in the order form.

1.4: For queries regarding these Terms contact us directly at .

Section 2. General Rules Relating to Conduct

2.1: The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable US, UK, and Australian laws, and with any applicable international laws, including the local laws in your country of residence (together referred to as 'Applicable Laws').

2.2: You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:

2.2.1 Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
2.2.2 Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
2.2.3 Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.

2.3: You agree to indemnify our company in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.

Section 3. Content

3.1: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material ('Material') is owned by or licensed to our company. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without our express permission.

3.2: The trademarks, service marks, and logos ('Trade Marks') contained on or in the App are owned by our company or third party partners of our company. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of our company or the relevant group company or the relevant third party partner of our company.

Section 4: Service Availibility

4.1: We will not commence the provision of Services pursuant to any Order Form until the Order Form has been returned to us, in a form approved by us.

4.2: We try to ensure continuous availability of the App and all the Services available on it but accept no responsibility for the consequences of any interruptions or delays, however caused. We may, additionally, alter the design and specification of the App at any time.

4.3: We reserve the right to suspend or cease providing any Services relating to the App published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if we choose to do so.

Section 5. Privacy Policy

5.1: We take your privacy very seriously. Our use of personal and other information supplied by users of this site is governed by our
Privacy Policy. By using the App you acknowledge and agree that you have read and accept the terms of our Privacy Policy and these Terms.

Section 6. Links to Third Parties / Advertisers

6.1: Where the App provides links to other websites operated by third parties ('Third Party Websites'), these links are provided for your convenience and, unless otherwise stated, do not signify that we endorse or have any responsibility for any transactions you enter into relating to those linked sites or their availability or contents.

6.2: We may monetize some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs, we do not have any influence or control over any such Third Party Websites.

6.3: We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not our company, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.

Section 7. Competitions

7.1: If you take part in any competition which is run in or through the App ('Competition'), you agree to be bound by the rules of that competition and any other rules specified by us from time to time ('Competition Rules') and by the decisions of our company, which are final in all matters relating to the Competition. We reserve the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

Section 8: Passwords

8.1: Passwords are for the sole use of the person to whom they are issued. We may deny access to a password if we reasonably believe that it is being used by an unauthorized person or that the user is breaching these Terms.

Section 9: Refund, Replacement and Cancellation Terms

5.1: If at any point after commencement of Services the Customer is not satisfied that we are acting in accordance with our Contract Term they may request a refund. We will be happy to refund any amounts paid in respect of the period in which our Contract Term has not been met.

5.2: Total replacement of the software will not be possible but if the Customer has a problem we will do our best to fix it within the Contract Term or if the Customer requires a feature that is currently not available within the software we will consider it for inclusion in our future releases.

5.3: Either party may terminate their Contract by giving the other 90 days’ notice. For the duration of the notice period all other Contract Terms remain in force.

Section 10. Disclaimer / Liability

10.1: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN 'AS IS' BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) OUR COMPANY DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN OUR COMPANY AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

10.2: We will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any:

10.2.1 Economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
10.2.2
Loss of goodwill or reputation; or
10.2.3
Special or indirect or consequential loss.

10.3: IF WE ARE LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY DOLLARS ($50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.

10.4: Nothing in these Terms shall be construed as excluding or limiting the liability of our company for death or personal injury caused by its sole, direct negligence or for any other liability which cannot be excluded by U.S. law.

Section 11: General / Legal

11.1: Any headings in these Terms are for convenience only and shall not affect their construction.

11.2: These Terms shall be governed by and construed in accordance with United States law and all disputes shall be submitted to the exclusive jurisdiction of the U.S. Courts.

11.3: These Terms (as amended from time to time) constitute the entire agreement between you and our company concerning your use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of our company.

11.4: If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

11.5: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

11.6: Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favor of any person other than you.