Last updated on September 15, 2017.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Airacer provides an online platform that connects flight servers who use the Airacer platform to post Discovery Flights, flight training courses, sightseeing flights and aircraft rental (collectively, the “Services” and book with customers seeking to book such Services, which Services are accessible at www.airacer.com and any other websites through which Airacer makes the Services available (collectively, the “Sites”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”). These Terms of Services are applicable in the U.S.A, between you and Airacer, Inc. Payment Services provided by Airacer Payments are subject to the Payments Terms of Service (“Payments Terms“).
“Airacer Content” means all Content that Airacer makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Tickets” means a flight time slot granted by the Flight Server to the customer to use the ticket for the confirmed reservation of specific Services.
“Ticket Request Period” means the time period starting from the time when a ticket is purchased by a customer (as determined by Airacer in its sole discretion), within which a Flight Server may decide whether to confirm or reject that Ticket request, as stated on the Site, Application or Services. Different Ticket Request Periods may apply in different places.
“Collective Content” means Member Content and Airacer Content.
“Communication” means an email, message via the website, text message.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Customer” means a customer who registered on the Airacer platform, or purchased Tickets on the Airacer platform.
“Flight Server” means any type of flight service sellers (including flight schools, flight clubs, individual instructors, and commercial pilots and aircraft renters) who completed Airacer Flight Server registration process, including but not limited to the information verification by Airacer, on the Airacer platform.
“Member” means a person who completes Airacer’s account registration process, including but not limited to Flight Servers and Customers, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Service portfolio, Member profile or Airacer promotional campaign to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist or other visitor taxes that Flight Servers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH FLIGHT SERVERS MAY CREATE ACCOUNTS AND UPLOAD THEIR SERVICES AND CUSTOMERS MAY LEARN ABOUT AND PURCHASE TICKETS DIRECTLY WITH THE FLIGHT SERVERS. YOU UNDERTAND AND AGREE THAT AIRACER IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN FLIGHT SERVERS AND CUSTOMERS, NOR IS AIRACER A BROKER, AGENT OR INSURER. AIRACER HAS NO CONTROL OVER THE CONDUCT OF FLIGHT SERVERS, CUSTOMERS AND OTHER USERS OF THE SITE, APLLICATION AND SERVICES OR ANY FLIGHT SERVICES, AND DISCLAIMS ALL LIABILITY IN THE REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO SELL FLIGHT SERVICES OR TICKETS ON AIRACER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH AIRACER IS LIMITED TO BEING A MEMBER AND AN IDEPENDENT, THIRD PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF AIRACER FOR ANY REASON, AND ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF AIRACER. AIRACER DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR FLIGHT SERVICES, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR FLIGHT SERVICES. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF AIRACER, INCLUDING BY INAPPROPRIATELY USING ANY AIRACER INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Airacer reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Commission Rate, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Airacer Account you will be deemed to have accepted the changes.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For Customers in the United States, Airacer will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For Customers outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Airacer’s vendors.
The Site, Application and Services can be used to facilitate the purchase and sale of flight services. Such Flight Services are posted on the Site, Application and Services by Flight Servers. You may view Flight Services as an unregistered visitor to the Site, Application and Services; however, if you wish to book a Flight Service, you must first register to create an Airacer Account (defined below).
As stated above, Airacer makes available an online platform or marketplace with related technology for Flight Servers and Customers to meet online and arrange for purchase and sale of flight services directly with each other. Airacer is not an owner or operator of flight servers, including, but not limited to, any business associated with Flight Servers, Flight Servers’ staff, Flight Servers’ aircraft and any property and Airacer does not own, sell, resell, provide any Flight Services, or rent, re-rent, manage and/or control aircraft and Flight Servers’ properties. Unless explicitly specified otherwise in the Airacer platform, Airacer’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE PURCHASE AND SALE OF FLIGHT SERVICES DIRECTLY WITH EACH OTHER. AIRACER CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY FLIGHT SERVICE PORTFOLIO AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY FLIGHT SERVICES. AIRACER IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL FLIGHT SERVICE PORTFOLIO AND FLIGHT SERVICES. ACCORDINGLY, ANY TICKETS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.
In order to access certain features of the Site and Application, and to purchase Flight Services or sell Flight Services, you must register to create an account (“Airacer Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Airacer Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Airacer through the Site, Services or Application; or (ii) allowing Airacer to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Airacer and/or grant Airacer access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Airacer to pay any fees or making Airacer subject to any usage limitations imposed by such third-party service providers. By granting Airacer access to any Third-Party Accounts, you understand that Airacer will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your Airacer Account and Airacer Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Airacer Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Airacer’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Airacer Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Airacer makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Airacer is not responsible for any SNS Content.
Your Airacer Account and your Airacer Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Airacer Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Airacer reserves the right to suspend or terminate your Airacer Account and your access to the Site, Application and Services if you create more than one (1) Airacer Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
For Flight Servers, to register on the Airacer system does not mean account ownership. Airacer system will verify and validate the information, including but not limited to the validation of the certificates issued by the Federal Aviation Administration (“FAA), FAA medical certificates and, Aircraft Logbook, Tax Identification and photo Identification.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.
Unless expressly authorized by a specific feature on Airacer, you are not permitted to share your Airacer Account with anyone or allow others to access or use your Airacer Account. Airacer may enable features, in our discretion, that allow other Members to take certain actions associated with your Airacer Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional Member. You agree that you will take sole responsibility for any activities or actions under your Airacer Account, whether or not you have authorized such activities or actions. You will immediately notify Airacer of any unauthorized use of your Airacer Account.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
Airacer has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Airacer may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Flight Service portfolio or Airacer Account, for a violation of this Section or these Terms.
Airacer may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Airacer or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with user; (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Airacer, its users, or members of the public. You acknowledge that Airacer has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Airacer reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Airacer, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you fly with or teach anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Airacer by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Airacer Inc. 1460 Broadway, New York, USA, 10036