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Website Terms and Conditions

Introduction

This website is owned and operated by flypop Ltd, Company registration No 09098179 whose registered office is 3rd Floor, Endeavour House, Cooper’s End Road, Stansted, Essex CM24 1SJ.

It has been prepared for the purpose of providing you with information about flypop.

For the purposes of these Terms and Conditions:

"We", "Our" and "Us" refers to flypop

“You” and “Your” refers to any person accessing this website,

“Website” and “Site” refers to the flypop.com website,

‘’Content” refers to the information, data and material on the “website”,

“Terms” refers to these Terms and Conditions that govern your use of the website.

Your use of this website indicates your agreement to be bound by these Terms in consideration of the access provided to the website. If you do not agree to these Terms, you are not permitted to, and agree not to, use or access this website.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between flypop and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

Scope

These Terms and Conditions apply only to your use of this website (flypop.com) any application using content on this website and any mini-site on this website.

If you buy a ticket on this website for a flight operated by flypop then Our Terms and Conditions of Carriage for passengers and baggage apply. View Our Terms Conditions of Carriage here.

Separate conditions apply for our competitions and prize draws which we can be seen here.

You agree that, flypop is the sole owner of all content on the website, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material. The flypop website and all content on the site is protected by the copyright laws and other intellectual property laws of the United Kingdom and are protected globally by applicable international copyright treaties.

You may download and print extracts from the website for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any flypop website content for any other purpose without our prior written approval.

Nothing contained on the website should be construed as granting, by implication or otherwise, any licence or right to use, deal with or copy in any way in party or in whole any Rights without our written permission or, as appropriate, the permission of the third party Rights owner. Your misuse of the Rights, except as expressly provided in these Terms and Conditions, is strictly prohibited.

 

Use of the flypop website

3.1 flypop provides and maintains this website for no other purpose but to provide you with the information you need to view the range of our goods and services and to do business with us.

3.6 Your access to this website is on a temporary basis, and we reserve the right to withdraw, restrict or amend the services accessibly to You on the website without notice at our absolute discretion.

3.7 You may only use this website in accordance with these Terms and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the UK or other jurisdiction from which you are accessing this website.

3.2 You are responsible for maintaining the confidentiality of your website access information, such as user names, passwords, booking data and  Advanced Passenger Information (API).

3.3 You may choose to permit family members, friends or colleagues to access the website on your behalf by providing website access information and/or booking data to such persons. By choosing to allow third party access you accept full responsibility for the acts and omissions of that person when accessing the website using the website access information and/or booking data provided by you whether such access is authorised by you or not.

3.4 You may only access the booking data or personal data of another user who is accessible with your data (such as a group booking) if you have obtained the consent of any and all other persons.

3.5 You must use this website in an appropriate and respectful way and abide by the restrictions in these terms. When you use this website you agree:

3.5.1 To abide by all applicable laws, regulations and codes of conduct

3.5.2 To respect the privacy of your fellow Internet users;

3.5.3 To be solely responsible for all things arising from your use of the website.

3.5.4 To maintain the confidentiality of any information such as any user ID and password you may have for this Website.

3.5.5 Not to use the website in any way which might infringe any rights of any third party or give rise to a legal claim against flypop by any third party.

3.5.6 Not to damage, interfere with or disrupt access to the website or do anything that may interrupt or impair its functionality, or impacts other user access to the website.

3.5.7 Not obtain or attempt to obtain unauthorised access, through whatever means, to the website or other services or computer systems                            or areas of our, or any of our partners’, networks which are identified as restricted;

3.5.8 Not to collect or store personal data about other users for commercial purposes;

3.5.9 Not to disclose confidential information of any person or entity including, without limitation, our confidential information

3.5.10 To provide true, accurate, complete and current information to us and notify us immediately of any change.

3.5.11 Not to make any unauthorised, false or fraudulent booking.

3.8.12 Not to post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal.

3.8.13 Not to use this website in a way that causes or may cause an infringement of the rights of any other user.

3.8.14 Not to deface, alter or interfere with the front end ‘look and feel’ of this website or the underlying software code

3.8.15 Not to engage in any ‘screen scraping’, data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this website, whether by any automated algorithm, device, method, system, software or any other process to access, search, copy, monitor, use, or extract Material (in whole or in part) from or through using this website.

3.8.16 Not to use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means

3.8.17 Not to do anything that imposes an unreasonable or disproportionately large load on this website or related infrastructure

3.8.18 Not to use automated software to register, log in or access any of the Material on the website

3.8.19 Not to publish any Website material in any media without our prior notification and permission.

3.8.20 Not to sell, sublicence and/or otherwise commercialising any website material;

3.8.21 Not to publicly perform and/or show any Website material.

Not to use this Website to engage in any advertising or marketing without our prior notification and permission.

3.9 Certain areas of this Website are restricted from access by you and flypop may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.

 

 

Links to other websites

4.1 This website may include links to other internet sites. flypop does not endorse any such websites and we are not responsible for the information, material, products or services contained on or accessible through those websites and you access and use these websites solely at Your own risk.

4.2 You may only link to the flypop.com website with our express written permission. We reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.

Privacy

5.1 Any personal information you supply to flypop when You use this website will be used in accordance with Our Privacy Policy. Information about our use of Cookies on this website can be seen on our Cookies page.

Changes to Terms and Conditions.

6.1 flypop is permitted to revise these Terms at any time as it sees fit, and may from time to time change, alter, adapt, add or remove portions of these Terms and, if it does so, will post any such changes on this website. Your continued use of the website after such changes constitutes your acceptance of those changes and by using this website you are expected to review such terms on a regular basis to ensure you understand all terms and conditions governing your use of this Website.

Changes to the Website.

7.1 flypop may, at any time, and without notice may make improvements or changes to the information, services, products and other materials on this website, or terminate this website.

Warranties

8.1 This website is provided “as is,” with all faults, and flypop makes no express or implied representations or warranties, of any kind related to this website or the materials contained on this website. Additionally, nothing contained on this website shall be construed as providing consult or advice to you.

Limitation and Indemnification

By accessing this website you agree that:

9.1 flypop will not be held liable liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of access to, or the use of this website or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.

9.2 Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by negligence or for fraud and fraudulent misrepresentation.

9.3 All software products downloaded from any section of this website or via a link pointed to by this website are downloaded, installed, and used totally and entirely at the users own risk.

9.4 flypop will not be held liable to you or any third party for any direct, indirect, special, consequential or any other loss or damage arising from the use of or inability to use the website or from your access of other material on the internet via web links from this website.

9.5 You hereby indemnify to the fullest extent flypop from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

Breach of Terms

10.1 Without prejudice to any of our other rights (whether at law or otherwise) we reserve the right to:

10.1.1 Cancel your bookings and purchases without reference to you, and/or

deny you access to this website and block your access to the website

where we believe (in our absolute discretion) that you (or persons who access this site on your behalf using website access information and/or booking data that you have provided to them) are in breach of any of these Terms.

10.1.2. Reserve all rights to ensure permitted use and/or prevent unauthorised use.

flypop reserves the absolute right to take all actions we consider necessary against all parties howsoever involved in the unauthorised use of its website and without notice, in order to vindicate its rights and prevent such unauthorised use, including using blocking technology (which may itself involve conducting automated searches of such parties’ websites, screen scraping therefrom, causing such parties to screen scrape flypop’s website, breaching the terms of use such parties’ websites, or any similar or associated actions) and/or issuing legal proceedings.

Governing law and jurisdiction

11.1. These Terms will be governed by and construed in accordance with the laws of England and Wales and the English courts shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.

11.2 Your use of this website, any Material accessed or downloaded from it and the operation of these Terms and Conditions and any dispute or claim arising out of or in connection with such matters, their subject matter or formation (including but not limited to non-contractual disputes or claims) shall be governed by, construed and interpreted in accordance with the laws of England and Wales and You agree to submit to the non-exclusive jurisdiction of the English Courts.

11.3 Where these Terms and Conditions are translated into languages other than English in the event of any conflict or inconsistency the English language Terms and Conditions shall prevail.

11.4 We reserve the right to bring proceedings in:

11.4.1 the Courts of the country of Your residence

11.4.2 the Courts of the location of Your access, use or storage of any Materials obtained from the website

11.4.3 the Courts of the location of any breach by You of these Terms and Conditions; and/or the Courts of the location of your authorisation of any of the above acts.

11.5 You acknowledge and agree that damages alone would not be an adequate remedy for any breach of the terms of these Terms and Conditions. Accordingly, We shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms and Conditions.

11.6 If any provision of these Terms is found to be unenforceable or invalid under any applicable law, that shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.