FLYNETAPP TERMS AND CONDITIONS
1. About Us and These Terms
AscendLondon Ltd, by and through itself and its affiliated companies (referred to collectively as “AscendLondon ”, “we”, “us”or “our” as the context requires) is the owner of the “FlynetApp” roaming application (“FlynetApp Application”).
2. FlynetApp Application Services
2.1. The FlynetApp Application provides users with the ability to search for and purchase local data plans (“Local Data Plan”) offered by third party mobile communication service providers (“Mobile Operators”).
2.2. To use the FlynetApp Application, you will need to register with us.
2.3. AscendLondon will use reasonable efforts to make the FlynetApp Application available at all times and to resolve any technical issues with it. However you acknowledge the FlynetApp Application is provided over the internet and mobile networks and so the quality and availability of the FlynetApp Application may be affected by factors outside our reasonable control.
2.4. AscendLondon is entitled to modify, update or withdraw part or all of the FlynetApp Application at any time, including as required to upgrade certain functionality.
2.5. You are notified that any use of service associated with the home operator number such as Voice, SMS, Visual Voicemail and MMS will incur regular roaming charge as levied by home operator. Specifically, for Visual Voicemail, it is recommended that all users contact their operator to switch off Visual Voicemail while roaming to avoid incurring data roaming charges.
2.6. You are notified that Personal Hotspots can only be used if you can manually change the specific APN for using the Personal Hotspot. If the Personal Hotspot is enabled by operator profile on the device and cannot be modified by the end user, it is recommended not to use a Personal Hotspot with FlynetApp, to attempt to avoid incurring data roaming charges from your home operator.
3. Roaming Services
If you purchase a Local Data Plan, you will be purchasing it direct from the relevant Mobile Operator who will be responsible for the provision of data services pursuant to the Local Data Plan. On behalf of the Mobile Operator, we will collect from you the charges payable under the Local Data Plan.
AscendLondon is not liable in any way for the services provided to you by a Mobile Operator under a Local Data Plan.
4. Intellectual Property Rights
4.1. All trade marks, copyright, database rights and other intellectual property rights of any nature in the FlynetApp Application together with the underlying software code are owned either directly by AscendLondon and/or our third party licensors.
4.2. AscendLondon hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the FlynetApp Application for use in accordance with these Terms. Additional Mobile Operator terms and conditions may apply.
5. Conditions of Use
5.1. You will not, nor allow third parties on your behalf to: (i) make and distribute copies of the FlynetApp Application; (ii) attempt to copy, reproduce, alter, modify, transfer, exchange or translate the FlynetApp Application; (iii) reverse engineer, disassemble or decompile the FlynetApp Application software save to the extent that you cannot be prohibited from doing so under applicable law; or (iv) create derivative works of the FlynetApp Application of any kind whatsoever.
5.2. If you are not the bill payer for the mobile telephone or handheld device being used to access the FlynetApp Application, you will be assumed to have received permission from the bill payer for using the FlynetApp Application.
The FlynetApp Application is available for use on handheld mobile devices running Apple iOS (version 7 or later) and Android OS Operating Systems (version 4.3 or later).
8. Cancellation and Termination
8.1. All purchases made through the FlynetApp Application are final, non-refundable and non-cancellable, unless and until approved by the Mobile Operator. The terms in respect of any refunds and/or cancellation will be reflected in the terms and conditions for the Local Data Plans created by the Merchant Operator.
8.2. AscendLondon may terminate use of the FlynetApp Application at any time by giving notice in form of mail communication or electronic mail communication to you at which time you must cease all use of the FlynetApp Application.
9. Limitation of Liability
9.1. AscendLondon does not exclude or limit its liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
9.2. In no event will AscendLondon be liable for any loss of savings, revenue, profit or any special, indirect or consequential losses or damages of whatsoever kind arising out of your use or access to the FlynetApp Application, whether based on breach of contract, tort (including negligence), product liability or otherwise.
9.3. AscendLondon does not accept any liability in respect of the roaming services to be provided pursuant to a Local Data Plan by a Mobile Operator.
9.4. The FlynetApp Application is for domestic and private use. If you use the FlynetApp Application for any commercial, business or resale purpose AscendLondon will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If AscendLondon fails to comply with these terms, AscendLondon is responsible for loss or damage you suffer that is a foreseeable result of AscendLondon breaking these terms or AscendLondon failing to use reasonable care and skill, but AscendLondon is 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 AscendLondon and you knew it might happen.
9.5. In no event shall AscendLondon’s liability to you in connection with your use of the FlynetApp Application exceed US$100 in aggregate.
9.6. We shall not be liable for any matter caused by something outside our reasonable control including, without limitation, adverse weather conditions or a failure of third party communications networks.
10. No Warranties
To the maximum extent permitted by law, AscendLondon hereby disclaims all implied warranties and terms with regard to the FlynetApp Application including, without limitation, those of satisfactory quality, merchantability, fitness for purpose or non-infringement. The FlynetApp Application and software are provided “as is” and “as available” without warranty of any kind.
11. Export Controls
You may not use, export, re-export, import or transfer the FlynetApp Application except as authorised under United States law, the laws of the country in which you obtained the FlynetApp Application and all other applicable laws. In particular, the FlynetApp Application may not be exported or re-exported: (a) into any United States embargoed countries; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.
12. Entire Agreement
12.2. Each of the sections of these terms operates separately. If any court or relevant authority decides that any of these terms are unlawful, the remaining termss will remain in full force and effect.
14. Governing Law
These terms are governed by United Kingdom law, without reference to that body of law known as conflicts of law, and you can bring legal proceedings in respect of the products in the courts of United Kingdom. Your use of the FlynetApp Application may also be subject to other local, state, national, or international laws.