TERMS OF SERVICE – LuckyTrip

Version 1.0 – 14th April 2015

TERMS OF SERVICE

These terms and conditions govern your access to and use of this mobile application and any other LuckyTrip branded or controlled website or section of a website (including, without limitation, a LuckyTrip Facebook page or Twitter account) (the "Mobile application") and any 'LuckyTrip' branded applications (the "Apps"), as updated from time to time. Other services or materials operated or provided by LuckyTrip may be subject to other terms and conditions, which will be indicated to you prior to use. These terms and conditions constitute a legal agreement between you and LuckyTrip (the "Agreement"). Please read them carefully before using the Mobile application or Apps. By downloading, accessing or using the Mobile application or Apps in any way, you are confirming that you have read and understood these terms and conditions and have agreed to be bound by them. LuckyTrip may amend these terms and conditions at any time at its discretion. If these terms and conditions are amended, LuckyTrip shall display the revised terms and conditions on the Mobile application and the Apps. You will be deemed to have accepted any amendments if you continue using the Mobile application or Apps after the amendments are displayed. If you do not agree to comply with these terms and conditions or any amendments to them, please stop using the Mobile application and Apps immediately.

1. USE OF THE MOBILE APPLICATION AND APPS

1.1 LuckyTrip operates and controls the Mobile application and Apps and provides them to you in its absolute discretion.

1.2 In consideration of you agreeing to abide by these terms and conditions, we grant you a non-transferable, non-exclusive licence to download, access and use the Mobile application and/or Apps for your own personal, non-commercial purposes and for no other purpose, subject to these terms and conditions and the privacy policy referred to at paragraph 9.

1.3 LuckyTrip may withdraw or change the Mobile application or Apps at any time in its absolute discretion, including, but not limited to, suspending access to the Mobile application or Apps, inserting advertising in the Mobile application or Apps and limiting the number of flight prices that can be accessed using the Mobile application.

1.4 In consideration of LuckyTrip permitting you to use the Mobile application and/or Apps, you agree to comply with these terms and conditions. All other uses of the Mobile application and Apps other than as set out in these terms and conditions are prohibited.

2. RESTRICTIONS AND UNAUTHORISED ACTIVITIES

2.1 Your permission to use the Mobile application and Apps as set out in paragraph 1 above is conditional upon your compliance with these terms and conditions and is subject to the following restrictions:
(a) you must not access or in any way exploit any underlying data, code, content or other material provided by LuckyTrip in conjunction with the Mobile application or Apps.
(b) you must ensure that any travel bookings concluded on the Mobile application or via the Apps are concluded between you and LuckyTrip's travel operator partners and not via any unauthorised intermediary.
(c) you must not use the Mobile application or Apps in any way for your own commercial gain.
(d) you must not edit, remove, alter, tamper with, or in any way change the Mobile application or Apps or any part of them.
(e) you must not (and must not authorise others to) copy, distribute, communicate to the public, sell, rent, lend or otherwise use the Mobile application or Apps other than as permitted pursuant to paragraph 1 above.
(f) you must comply with all laws and regulations when using the Mobile application or Apps and must not use them for illegal or illegitimate purposes.
(g) you must not use the Mobile application or Apps in any manner whatsoever that may prejudice or damage LuckyTrip's business.
(h) you must not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Mobile application and/or Apps.
(i) you must not use the Mobile application or Apps in a way that could damage, disable, overburden, impair or compromise LuckyTrip's systems or security or interfere with other users.
(j) you must not infringe our intellectual property rights or those of any third party in relation to your use of the Mobile application or Apps.
(k) to the extent that the Mobile application is hosted on a third party mobile application (for example, Facebook or another social media mobile application) and there are separate terms and conditions of use relating to that third party mobile application, you agree to fully comply with such terms and conditions.

2.2 You acknowledge and agree that any flight and pricing information provided on the Mobile application or via the Apps is made available by LuckyTrip's suppliers and partners. By using the Mobile application and/or Apps, you agree that price quotes made for you or on your behalf may be displayed to other users of the Mobile application or Apps. LuckyTrip recommends that you read the terms and conditions of use of any mobile application operated by any third party before purchasing transportation or accommodation or any other products or relying on information contained in them.

2.3 To the extent that you do not own the device(s) on which you access the Mobile application or download or use the Apps, you will be assumed to have obtained permission from the owners of that device(s). You acknowledge that you and they may be charged by your and their service providers for internet access on the devices and that LuckyTrip shall not be liable in any way for such costs.

3. LUCKYTRIP'S PROPERTY

3.1 All intellectual property rights including, but not limited to, the LuckyTrip brand, copyright (including copyright in computer software), patents, trade marks or business names, design rights, database rights, know-how, trade secrets and rights of confidence in the Mobile application and Apps (together, the "Intellectual Property Rights") are owned or licensed by LuckyTrip. You acknowledge that rights in the Mobile application and Apps are licensed (not sold or otherwise transferred) to you and that by using the Mobile application and/or Apps, you will not acquire any right or interest in the Mobile application or in the Apps or in the Intellectual Property Rights. You further acknowledge that you have no right to have access to the Apps in source-code form.

3.2 You shall not:
(a) remove, alter or replace any notices of authorship, trade marks, business names, logos or other designations of origin on the Mobile application or Apps or pass off or attempt to pass off the Mobile application or Apps as the product of anyone other than LuckyTrip.
(b) use any automated computer program or application to scan, copy, index, sort or otherwise exploit the Mobile application or Apps or any part thereof.

3.3 You acknowledge that the Mobile application and Apps includes content, pricing information, data and brand names owned by LuckyTrip's partners ("Partner Materials"). The restrictions at paragraph 3.2 above shall apply equally to Partner Materials.

3.4 By using the Mobile application and/or Apps, you undertake not to reverse-engineer any underlying software or circumvent any technological protections embodied in them.

3.5 You shall ensure that no disruptive computer program code, virus, 'denial of service' or 'spam' attack, worm, Trojan horse, authorisation key, licence control utility or software lock is introduced by you or anyone authorised by you onto the Mobile application or the Apps.

4. WARRANTIES

4.1 By using the Mobile application and/or Apps and hence accepting these terms and conditions, you warrant and represent to LuckyTrip that:
(a) you will not use the Mobile application or Apps other than in accordance with these terms and conditions.
(b) you will not use the Mobile application or Apps in any manner which may cause damage to LuckyTrip or bring LuckyTrip into disrepute.
(c) your use of the Mobile application and Apps will not infringe the rights of any third party.

5. DISCLAIMER OF LIABILITY

5.1 Your use of the Mobile application and/or Apps is entirely at your own risk. While LuckyTrip will endeavour to ensure that the content of the Mobile application and Apps is up-to-date and accurate, LuckyTrip cannot guarantee the reliability or accuracy of the content contained in them and you should not rely on such content. You are responsible for the security of any data stored remotely on the electronic device used to access or use the Mobile application and/or Apps and LuckyTrip accepts no liability in respect of any loss or damage to such data.

5.2 LuckyTrip makes no representations and does not warrant to you that the Mobile application or Apps:
(a) are accurate, complete or up to date;
(b) will always be available;
(c) are secure or is free from errors, faults or defects.

5.3 Although there is currently no charge for the use of the Mobile application or Apps, LuckyTrip expressly reserves the right to charge for use of the Mobile application or Apps or any part of them at a later date.

5.4 LuckyTrip has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of the Mobile application and/or Apps. In particular, LuckyTrip shall not be responsible for the transmission of funds between you and any third party provider, partner or distributor with whom you choose to deal. You shall be responsible for all contractual arrangements, payments due and any associated transmission of funds on the terms you agree with any such third party provider, partner or distributor. Where the Mobile application or Apps contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

5.5 You may see advertising material submitted by third parties on the Mobile application or Apps. Each individual advertiser is solely responsible for the content of its advertising material and LuckyTrip accepts no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

5.6 This Agreement sets out the full extent of LuckyTrip's obligations and liabilities in respect of the Mobile application and Apps. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into this Agreement (unless such untrue statement was made knowing that it was untrue) other than any remedy you may have for breach of the express terms of this Agreement. Accordingly, any condition, warranty or other term concerning the supply of or failure to supply the Mobile application or Apps which might for this paragraph 5.6 have effect between LuckyTrip and you or would otherwise be implied or incorporated into this Agreement or any collateral contract (including, without limitation, the implied terms of satisfactory quality and fitness for purpose), whether by statute, common law or otherwise, is hereby excluded to the fullest extent permissible by law and LuckyTrip shall not be liable to you in tort, delict or otherwise pursuant to the express terms of this Agreement in respect of the subject matter of this Agreement or the supply or non-supply of the Mobile application or Apps. This statement shall not affect any of your statutory rights.

5.7 You should always obtain professional advice before making any decision which is prompted by the Mobile application or Apps or information you have been provided by LuckyTrip that may have legal or financial implications.

5.8 To the maximum extent permitted by the law (and except in respect of death or personal injury arising out of the negligence of LuckyTrip or in respect of fraud or fraudulent misrepresentation) LuckyTrip does not accept any liability for:
(a) any inaccuracies or omissions in the content of the Mobile application or Apps, or
(b) any loss, damage, cost or expense of any kind incurred by you arising in connection with your access to, use of, or inability to use, the Mobile application or Apps or any content contained in them, and by using the Mobile application and/or Apps, you release LuckyTrip from all such liability.

5.9 LuckyTrip makes no representation that materials or information on the Mobile application or Apps are appropriate or available for use in locations outside the United Kingdom and accessing or using the Mobile application or Apps from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Mobile application or Apps from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

5.10 Owing to the nature of the Internet and the fact that your access to the Mobile application or Apps involves functionality outside LuckyTrip's control, LuckyTrip is not responsible for technical problems that you may experience with the Mobile application or Apps.

6. INDEMNITY

6.1 You will be responsible to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us or our group arising out of your use of the Mobile application or Apps or breach of these terms and conditions and, where you are a business, you agree to keep us fully and effectively indemnified from and against the same.

7. TERMINATION

7.1 LuckyTrip may in its absolute discretion immediately terminate this Agreement upon notice to you. LuckyTrip may suspend your use of the Mobile application or Apps without notice at any time, without incurring any liability to you whatsoever.

8. CONSEQUENCES OF TERMINATION

8.1 Immediately upon termination of this Agreement:
(a) you will not have the right to use the Mobile application or Apps and all permissions set out in paragraph 1 shall cease.
(b) you shall immediately delete any information received or used by you which relates to the Mobile application or Apps, including deleting any cookies and copies of the Mobile application and Apps and, where requested by LuckyTrip, confirm in writing that you have done so.

9. PRIVACY

9.1 LuckyTrip takes your privacy seriously and operates a privacy policy which can be found in the Privacy section of the Mobile application. You acknowledge that your personal information submitted via this Mobile application or Apps may be used by LuckyTrip in accordance with its privacy policy.

10. LEGAL REMEDIES

10.1 You acknowledge that the unauthorised use of the Mobile application and/or Apps may result in irreparable damage and injury to LuckyTrip and/or its affiliates or licensors for which money damages would be inadequate. Consequently, in the event of such unauthorised use, LuckyTrip, its affiliates and/or licensors (as applicable) shall have the right, in addition to any other legal remedies available to them, to seek an immediate injunction against you prohibiting any further use of the Mobile application and/or Apps.

10.2 Nothing in these terms and conditions shall be interpreted to limit the remedies available pursuant to statutory or other legal authority that LuckyTrip, its affiliates and/or licensors may have.

11. INFRINGEMENT OF YOUR COPYRIGHT

11.1 We respect the intellectual property rights of others. If you have reason to believe that your copyright is being infringed by any content on the Mobile application or Apps, please send a notification of the infringement using the ‘Send Feedback’ function on the Account page of the Mobile application.

12. GENERAL PROVISIONS

12.1 The invalidity or unenforceability of any provision (in whole or part) of these terms and conditions shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these terms and conditions.

12.2 These terms and conditions are personal to you. You shall not be entitled to assign this Agreement in whole or in part to any third party without LuckyTrip's prior written consent.

12.3 These terms and conditions represent the entire agreement between LuckyTrip and you and supersede any previous arrangements.

12.4 Any failure by LuckyTrip to enforce any of the terms of these terms and conditions shall not be considered to be a waiver of them or the right to subsequently enforce any terms of these terms and conditions.

12.5 Irrespective of the country from which you access or use the Mobile application or Apps, your use of the Mobile application or Apps is governed in accordance with the laws of the United Kingdom and you are deemed to have submitted to the non-exclusive jurisdiction of the courts of the United Kingdom.

13. SUPPORT

13.1 If you require further information about LuckyTrip or have any suggestions concerning how to improve the Mobile application or Apps, please contact us at us by using the ‘Send Feedback’ function on the Account page of the Mobile application.