Jacks’ Flight Club App Terms and Conditions
PLEASE READ THESE LICENCE TERMS CAREFULLY
BY DOWNLOADING THE APP YOU AGREE TO THESE TERMS.
Jack’s Flight Club Co (“We”) license you to use Jack’s Flight Club mobile application to receive emails on cheap flight deals as permitted by the terms.
This license must be read in conjunction with our General Terms and Conditions , and our privacy and cookies policy.
IMPORTANT: Please note that although we offer a 30 day money back guarantee for Premium membership purchases/upgrades via our website this does not apply for any purchase via iOS/Apple App Store. This is because the way the Apple App Store works means the payment agreement is between Apple and the individual, so we have no access to be able to process refunds. If you upgrade via the website you will however be covered by the money back guarantee and will still be able to access the Premium version of the app on the Apple App Store, it’s the process of actually paying via the app for an upgrade that prevents us offering the guarantee. Any Questions please email [email protected]
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
APPLE AND GOOGLE APPSTORE’S TERMS ALSO APPLY
The ways in which you can use the App may also be controlled by Apple’s and Google’s rules and policies which should also be read before downloading the App. Those rules and policies will apply instead of these terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
This app can only be uploaded to devices that are a minimum of iOS 8 and Android 4.1.
SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the App or have any problems using the App then please contact us at [email protected]
Contacting us (including with complaints). If you think the App is faulty or misdescribed or wish to contact us for any other reason please email our customer service team at [email protected]
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post and push notifications using the contact details you have provided to us.
HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
• download or stream a copy of the App onto no more than 5 devices in total (including telephone or hand-held devices onto which the App may be downloaded or streamed and view, use and display the App and the Service on such devices for your personal purposes only. In addition you may share the App and the Service in accordance with the rules set out in Apple’s rules on Family Sharing.
• receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 18 TO ACCEPT THESE TERMS AND DOWNLOAD THE APP
You must be 18 or over to accept these terms and download the App. Where you download the App for use by a minor, or allow a minor to uses the App, you will be fully responsible for ensuring that the minor understands these terms, acts in accordance with these terms and for any breach of these terms as if they breach was by you personally.
YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App as set out above. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by push, in app notifications, or email with details of the change or notifying you of a change when you next start the App.
If you do not accept the notified changes you will not be permitted to continue to use the App and you may apply to the App Store for a refund, which will reflect the period the App and have been available to you prior to cancellation.
UPDATES AND CHANGES TO THE APP
From time to time we may automatically update or change the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App, but you will be able to continue to use the website.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
By using the App, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
WE ARE NOT RESPONSIBLE FOR OTHER SERVICES OR WEBSITES YOU LINK TO
The App requires internet or Wi-Fi use and may contain links to other independent websites or services which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
• except in the course of permitted sharing (see “How you may use the app“) not rent, lease, sub-license, loan, provide, or otherwise make available, the App in any form, in whole or in part to any person without prior written consent from us;
• not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
• not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, nor permit the App or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these terms;
• not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
• is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
• is not used to create any software that is substantially similar in its expression to the App;
• the App is kept secure; and
• the App is used only for the Permitted Objective;
• comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
ACCEPTABLE USE RESTRICTIONS
• not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, or any operating system;
• not infringe our intellectual property rights or those of any third party in relation to your use of the App, including by the submission of any material (to the extent that such use is not licensed by these terms);
• not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
• not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
• not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service;
• not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Code Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the App servers in a given period of time than a human can reasonably produce in the same period by using the App, and you are forbidden from ripping the content unless specifically allowed;
• secure our permission before you measure, test & health check or otherwise monitor any network equipment, servers or assets hosted on our domain;
• not to collect or harvest any personally identifiable information, including phone number, from the App, nor to use the communication systems provided by the App for any commercial solicitation or spam purposes;
• agree not to spam, or solicit for commercial purposes, any users of the App.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App throughout the world belong to us (or our licensors) and the rights in the App are licensed (not sold) to you. You have no intellectual property rights in, or to, the App other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the App. The App is provided on the basis of general information available in regard to flights from the United Kingdom and Ireland only. It is for general information purposes only. The information we provide should not be relied upon in its entirety and we cannot guarantee that the information we provide is correct. Although we make reasonable efforts to update the information provided by the App, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Additional costs. The App is provided free of charge (unless you opt to subscribe to our Premium Membership). However, you may be subject to charges by your mobile network provider for using the App and you should check this with your provider before using the App.
We are not responsible for events outside our control. If our support for the App is delayed by an event outside our control for a substantial period then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Premium members should still be able to receive notifications by email during any time that the App is not available.
WE MAY END YOUR RIGHTS TO USE THE APP IF YOU BREAK THESE TERMS
We may end your rights to use the App at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the App you must stop all activities authorised by these terms, including your use of the App. You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
We may remotely access your devices and remove the App from them.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
ALTERNATIVE DISPUTE RESOLUTION
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider but we are not presently a member of any ADR. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.
You can email us at [email protected] or write to us at Jack’s Flight Club Co, 31 Pierce Avenue, Solihull, West Midlands, B92 7JY.