EclipsoAir Website Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY AND TO COMPLY WITH THE TERMS. IF YOU CONSIDER THE TERMS OR ANY OF THEM TO BE UNACCEPTABLE, THE WEBSITE SHOULD NOT BE USED AND YOU SHOULD EXIT THE WEBSITE.

EclipsoAir details: Who we are and how to contact us

EclipsoAir is a company incorporated in Jersey with registered number 158491 whose registered address is Stonehenge, La Vieille Charriere, Trinity, Jersey, JE3 5AT. It operates the Website www.eclipsoair.com. You can contact EclipsoAir by email at info@eclipsoair.com.

Introduction

By using this website (Website) , you are agreeing to these Terms and Conditions.

Please read these Terms and Conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this Website. If you do not agree to be bound by these Terms and Conditions, you should stop using this Website immediately.

These Terms and Conditions of Website Use (together with the documents referred to below) set out the terms on which you may make use of our Website, whether as a guest, customer or a registered user, and the content (including any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, data produced and supplied in digital form and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by users ( Content ) in it or accessible from it, whether such use of our Website ( Use ) is by accessing, browsing, or registering to use this Website.

These Terms and Conditions apply between you, our user, customer or potential customer including corporates, families or individuals and any third party that accesses the Website and is not either (i) employed by EclipsoAir and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to EclipsoAir and accessing the Website in connection with the provision of such services ( User(s) ) accessing this Website (including any sub-domains) and EclipsoAir, the owner and operator of this Website.

Prohibited use and acceptable use

  1. You may not use the Website for any of the following purposes:
    1. in any way which causes, or may cause, damage to this Website or interferes with any other person's use or enjoyment of this Website;
    2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
    3. to otherwise reproduce, modify, copy, distribute or use for commercial purposes, any Content without the prior written permission of EclipsoAir;
    4. making, transmitting or storing electronic copies of Content protected by copyright without the permission of EclipsoAir and/or the owner.
  2. You may, for your own personal, non-commercial use only, do the following:
    1. retrieve, display and view the Content on a computer or mobile screen;
    2. print off one copy, and may download extracts, of any page(s) from this Website for and you may draw the attention of others within your organisation to Content posted on this Website. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
    3. acknowledge EclipsoAir’s status (and that of any identified contributors) as the authors of Content on this Website.
  3. If you print off, copy or download any part of this Website in breach of these Terms and Conditions, your right to use this Website will cease immediately and you must, at EclipsoAir’s option, return or destroy any copies of the materials you have made.

Links to other websites

  1. This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of EclipsoAir or that of our affiliates. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
  2. You acknowledge and for the avoidance of doubt, EclipsoAir assumes no liability or responsibility whatsoever for the content of such sites and disclaims all liability for any and all forms of loss or damage arising out of the use of them.

Intellectual property

  1. EclipsoAir is the owner or the licensee of all intellectual property rights relating to this Website, and in the Content or other material published on it. Those works are protected by copyright laws and treaties around the World. All such rights are reserved.
  2. All Content included on this Website, unless uploaded by Users (and acknowledged by Eclipso Air as third party property), is the exclusive property of EclipsoAir, our affiliates or other relevant third parties. By continuing to use this Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights.
  3. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark or any other intellectual property right displayed on this Website without EclipsoAir’s prior consent in writing as the owner.

Website disclaimers

  1. Any online facilities, tools, services or information that EclipsoAir makes available through the Website (Service) is provided "as is" and on an "as available" basis. EclipsoAir is under no obligation whatsoever to update information on the Website.
  2. EclipsoAir provides no warranty, representation or guarantee (whether express or implied) whatsoever that the Service will be free of defects, errors and/or faults. Whilst EclipsoAir uses reasonable endeavours to seek to ensure that the Website is secure and free of errors, viruses and other malware, Eclipso Air provides no warranty, representation or guarantee whatsoever in that regard and all Users shall take and retain responsibility for their own security, that of their personal details and their computers.
  3. Do not rely on information on this Website as the Content is provided for general information only and not intended to amount to advice on which you should rely. Users must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our site.
  4. To the maximum extent permitted by the law, EclipsoAir provides no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. If you are a corporate or business User, EclipsoAir expressly excludes all implied conditions, warranties, representations or other terms that may apply to this Website or any Content on it.
  5. Users are responsible for ensuring that all persons who access this Website through their internet connection are aware of these Terms and Conditions of use and other applicable terms and conditions, and that they comply with them.

Availability of the Website

  1. EclipsoAir aims to update this Website regularly, and may change the Content or Service at any time. If the need arises, we may suspend access to this Website, or close it indefinitely. Any of the Content, Service or other material on our Website may be out of date at any given time, and we are under no obligation to update such material. EclipsoAir accepts no liability whatsoever for any disruption or non-availability of this Website.
  2. This Website is made available free of charge and EclipsoAir do not guarantee that Website, any Service or any Content on it, will always be available or be uninterrupted. EclipsoAir reserves the right to suspend, withdraw or restrict the availability of all or any part of this Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, if practicable.
  3. EclipsoAir reserves the right to alter, suspend or discontinue any part (or the whole of) this Website including, but not limited to, any Content, Service, other products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

  1. Nothing in these Terms and Conditions in respect of any User or EclipsoAir will:
    1. limit or exclude liability for death or personal injury resulting from negligence, as applicable;
    2. limit or exclude liability for fraud or fraudulent misrepresentation; or
    3. limit or exclude any liabilities in any way that is not permitted under applicable law.
  2. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
  3. To the maximum extent permitted by law, EclipsoAir accepts no liability for any of the following:
    1. any business losses, such as loss of profits, business interruption, loss of opportunities, goodwill or reputation, loss of income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
    2. loss or corruption of any data, database or software;
    3. any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use this Website or use of or reliance on any Content displayed on this Website.
    4. any special, indirect or consequential loss or damage.

Misuse of Site

  1. You must not:
    1. misuse this Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
    2. attempt to gain unauthorised access to this Website, the server on which the Website is stored or any server, computer or database connected to our site;
    3. attack this Website via a denial-of-service attack or a distributed denial-of service attack.
  2. By breaching this provision, you would commit a criminal offence under the UK Computer Misuse Act 1990, as amended or other equivalent legislation and we will report any such breach to the relevant law enforcement authorities as well as co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this Website will cease immediately.
  3. EclipsoAir will co-operate fully with any law enforcement authorities and/or any court order requiring disclosure of the identity or location of any User posting material, whether or not in response to an express request from EclipsoAir for Customer’s comments, which is in breach of the requirements of these Terms and Conditions.

Registration and/or Service Provision Warranties

  1. If directly or via a link, you are required to register or accept or click on the “Accept”, “I Agree” (or similar) button during the registration process or access to provision of the Service, you:
    1. warrant that you can lawfully enter into contracts under the laws of England and Wales or your applicable law; in particular, that you; being an individual, is over the age of 18 years or, being a body corporate or other legal entity, that such body corporate or other entity is duly organised, validly existing and in good standing under the laws of the country of its incorporation and/or the place in which the business is registered and that there is in place at the time of using this Website and the link or registration process all necessary corporate and/or other authorities required to commit to the purchase(s) entered into by it;
    2. warrant that the information given upon registration and/or subsequently is true and correct;
    3. acknowledge that the Terms and Conditions have been read, understood and agreed;
    4. acknowledge to have read, understood and agreed in particular the disclaimer of warranties and the limitations of liability on the part of EclipsoAir providing the Service together with the provisions of the Cookies Policy and Privacy Policy regarding the use of personal data and the use of cookies on the Website;
    5. consent to the processing of personal data relating to you and the use of cookies in accordance with the Privacy Policy current from time to time;
    6. agree the manner in which EclipsoAir may make changes to these Terms and Conditions; and
    7. agree that EclipsoAir has the right to change these Terms and Conditions from time to time by changing them on the Website.

Reviews and submitted materials

  1. With the objective of maintaining a high quality customer service, EclipsoAir may invite Users to submit reviews, assign customer satisfaction ratings and/or submit comments or questions concerning the Service and/or third party services (if any) via this Website and used by the User. EclipsoAir does not intend to publish User responses to any such invitation on the Website and/or to distribute such responses to third party sellers and/or other third parties.
  2. Excluding only personally identifiable information, which is covered by the EclipsoAir Privacy Policy, the content of the Users responses submitted to such invitations from EclipsoAir is considered, and User agrees it to be, non-confidential and non-proprietary. Accordingly, EclipsoAir will not have any obligations to the User in relation thereto and EclipsoAir and any other party designated by EclipsoAir will be free at its sole discretion to copy, disclose, distribute and use such responses for any and all commercial or non-commercial purposes.

User & Customer Communications

  1. Applicable law provides that some information or communications with a User that becomes a customer must be in writing and accordingly, the User agrees that when using this Website including to make a reservation for and/or to purchase a Service, communications between EclipsoAir and the User customer will be exclusively or mainly electronic and EclipsoAir will contact User customer by e-mail or provide User customer with information by posting notices on the Website.
  2. User customer agrees to such electronic communications and acknowledges that all contracts, notices, information and other communications, which EclipsoAir may provide to User customer by these means, comply with applicable law.

Privacy Policy

  1. Use of this Website is also governed by our Privacy Policy , which are incorporated into these Terms and Conditions by this reference and sets out the terms on which EclipsoAir processes any personal data we collect from Users, or that you provide to EclipsoAir. By using this Website, you consent to such processing and you warrant that all data provided by you is accurate.

Cookies Policy

  1. Use of the Website is also governed by our Cookies Policy , which are incorporated into these Terms and Conditions by this reference and which sets out information about the cookies on this Website.

General

  1. You may not transfer any of your rights under these Terms and Conditions to any other person.
  2. These Terms and Conditions may be varied by EclipsoAir from time to time and the revised current version of the Terms and Conditions will be effective from and apply to this Website from the date of publication. Users should check the Terms and Conditions regularly to ensure familiarity with the then current version. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
  3. We may transfer our rights under these Terms and Conditions.
  4. These Terms and Conditions together with the Privacy Policy, Cookies Policy, Contents Disclaimer, and any other document referred to and incorporated into these Terms and Conditions contain and sets out the entire between the parties relating to its subject matter and supersedes all prior discussions, arrangements or agreements that might have taken place in relation to the Terms and Conditions.
  5. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
  6. If any court or competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms and Conditions will not be affected.
  7. The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and Conditions and no third party will have any right to enforce or rely on any provision of these Terms and Conditions.
  8. This agreement as set out in these Terms and Conditions shall be governed by and interpreted according to the laws of England and Wales and all disputes arising under this agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.