Terms of Use

LAST UPDATED: AUGUST 9, 2019

TABLE OF CONTENTS

Introduction

1. Services and Support

2. Account

3. Term

4. Account and Password

5. Fees, Payments and Refunds

6. Cancellations and Inactivity

7. Intellectual Property Rights

8. Privacy Policy

9. Limitation of Liability

10. No Warranties

11. Indemnity

12. Assignments

13. Choice of Law

14. Force Majeure

15. Survivability

16. Severability

17. Interpretation

18. Amendments and Waiver

19. Notices

20. Entire Agreement

 

Introduction

Through the Cheap Flight Club and/or affiliated entities (“Cheap Flight Club”, “we” or “us”) provide our users with a platform where they can find incredible deals on flights departing from more than 230 airports spread across Canada and United States (the “Services”).

The Services are provided subject to these terms and conditions, which also incorporate our Privacy Policy, and any other guidelines, rules or operating policies that Cheap Flight Club may establish and post on our website from time to time (collectively the “Agreement”). The terms define the terms and conditions under which you’re allowed to use Cheap Flight Club and how we’ll treat your account while you’re a Member.

As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

1. Services and Support

1.1 Cheap Flight Club service is offered through the https://www.cheapflightclub.com/ (the “Website”) or through an Email Newsletter (“Newsletter”).

1.2 Modern browser such as Google Chrome, Firefox, Microsoft Edge, Safari etc. is required in order to use the Services. Additionally, a stable connection to the Internet is required. The Services may work in a limited manner on other web browsers, but the Services were not designed for use on web browsers other than those recommended above.

1.3 The Services are designed purely for your informative and non-commercial personal use.

2. Account

2.1 In order to use Cheap Flight Club, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the Terms including our Privacy Policy; and 4) provide true, complete, and up to date legal and contact information. If you sign up for Cheap Flight Club on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

2.2 By using Cheap Flight Club, you represent and warrant that you will use Cheap Flight Club only for personal and non-commercial purposes.

2.3 By using Cheap Flight Club, you represent and warrant that you meet all the requirements listed above, and that you won’t use Cheap Flight Club in a way that violates any laws or regulations. Cheap Flight Club may refuse service, close accounts of any users, and change eligibility requirements at any time.

3. Term

3.1 The Term begins as soon as you access Cheap Flight Club and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms.

4. Account and Password

4.1 The Services are provided to You via dedicated account on the Website. Every account is linked to a separate user.

4.2 You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts.

4.3 We’re not responsible for any losses due to stolen or hacked passwords.

4.4 We don’t have access to your current password, and for security reasons, we may only reset your password.

5. Fees, Payments and Refunds

5.1 We provide both free and paid Services. Free and paid services are provided on per account basis. The inclusions and exclusions of Free and paid services are posted on the Website along with the prices which are subject to change.

5.2 All charges for the paid services (“Charges”) are posted on the Website. You agree to pay for paid services according to these Terms.

5.3  Paid service is a prepaid subscription service with quarterly (90 days) or half-yearly (180 days) or annual (360 days) payments. The subscription automatically renews at the end of the paid period unless explicitly cancelled before the start of new billing period (see clause 5.6).

5.4 Quarterly payments are due every 90 days starting from your first payment (or 180 days in case of half-yearly plan, 360 days in case of an annual plan). In case of unsuccessful charge to credit card, we’ll automatically suspend paid features of your plan (downgrade to Free plan) until monthly or annual payment can be processed.

5.5 As long as you’re using paid services, you’ll provide Cheap Flight Club with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a different valid credit card. Anyone using a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If, for some reason, we’re unable to process your credit card order, we’ll try to charge 3 more times in the next few days. Consecutive charge retries does not change and/or extend your quarterly or half-yearly or annual renewal date.

5.6 You may cancel your subscription to paid services at any time. After cancellation, no further amounts will be charged to your credit card. You have to explicitly cancel your subscription to paid services on the Website by visiting your profile or by writing to [email protected] before the next payment date or your subscription will auto renew, and you will be charged your next subscription fee. In case of auto renewal, all paid services will be provided to you for the next month including data import, data storage, data manipulation and access to all campaign tools. If you have more than one account with Cheap Flight Club, you have to cancel each account separately.

5.7 We provide refunds under these circumstances only: a) customer explicitly cancelled his account as mandated in the clause 5.6 but the cancellation request was not processed by us in time; or b) a system-wide malfunction prevented the system from rendering enabled paid services to customer for the majority of paid for period and customer reported the incident(s) with evidence to Cheap Flight Club support team during the paid for period; Customer(s) won’t be entitled to a refund from Cheap Flight Club under any other circumstances.

5.8 We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.

5.9 All prices for Services are calculated in the currency mentioned on the Website and your credit card will be charged accordingly. Prices in other currencies are provided for information purpose only and might fluctuate due to exchange rate changes.

5.10 You are responsible for any taxes imposed on the services provided under this agreement except in cases where legislation requires us to collect the taxes.

5.11 We reserve the right to shut down our Services at any time if we feel that you are abusing our system in any way. If we determine that you have abused the system in any way, and we shut down your account, we do not provide refunds for unused services.

5.12 Reselling of the Services to third parties is not permitted under any circumstances.

6. Cancellations and Inactivity

6.1 If you are a new Member, You may terminate this Agreement within thirty (30) days of signing up (“Trial Period”) and the Charges paid by you will be refunded. To request cancellation of subscription during Trial Period and refund of Charges, visit:

http://www.cheapflightclub.com/moneybackrequest/.

No-refunds will be given after the expiry of Trial Period.

6.2 After Trial Period, You or Cheap Flight Club may terminate this Agreement at any time and for any reason by giving Notice to the other party. Termination of the agreement means that you will lose access to your account.

6.3 We may at any time terminate our agreement with you if (a) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (b) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (c) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (d) we have elected to discontinue the Services (or any part thereof).

6.4 Once terminated, we may permanently delete your account and all the data associated with it.

6.5 If you do not log in to your account for 4 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

6.6 If Cheap Flight Club terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued even if you have unused, prepaid amounts for Services under this Agreement.

6.7 For all accounts, Cheap Flight Club may charge an account Reactivation fee should an account need to be Reactivated by a customer after an account has become de-activated due to breach of this Agreement and/or long period of inactivity.

7. Intellectual Property Rights

7.1 The Services and Website contains Intellectual Property of Cheap Flight Club in the form of website content, graphics, videos, audios, text and any other digital content (“Website Content”). This is an Agreement for the Services, and you are not granted a license to any Website Content under this Agreement. Except to the extent that applicable laws prevent Cheap Flight Club from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or the Website, , or Website Content; (ii) remove any proprietary notices or labels from the Website Content; reproduce or copy the Website Content or any part thereof; (iii) modify, translate, or create derivative works based on the Website Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Website Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; or (vii) allow third parties to gain access to the Services or to Website Content in any manner other than as expressly permitted in this Agreement.

7.2 The Services shall be used for your own personal and non-commercial purpose only and you shall not use the Services or any Website Content for your commercial benefit or commercial benefit of any third party.

7.3 You acknowledge and agree that the Services, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Services, are the property of the Cheap Flight Club or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Cheap Flight Club or by other parties that have licensed their material to Cheap Flight Club. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Cheap Flight Club. Your use of the Services confers no title or ownership in the Services or the Marks and is not a sale of any rights in the Services or the Marks. All ownership rights remain in Cheap Flight Club or its third-party suppliers, as the case may be.

7.4 You acknowledge and agree that any comments, ideas and/or reports provided to Cheap Flight Club (“Feedback”) shall be the property of Cheap Flight Club and you hereby irrevocably transfer and assign to Cheap Flight Club such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

8. Privacy Policy

8.1 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to Cheap Flight Club. Cheap Flight Club may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.

8.2 We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

9. Limitation of Liability

9.1 To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

10. No Warranties

10.1 To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

10.2 From time to time down-time, either scheduled or unscheduled, may occur. Cheap Flight Club will work within reason to ensure this amount of down-time is limited. Cheap Flight Club will not be held liable for the consequences of any down-time.

10.3 Cheap Flight Club cannot guarantee that Website Content or Content available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Cheap Flight Club entirely of all responsibility for any consequences of its use.

11. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

12. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

13. Choice of Law

Laws of the state of Texas will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the appropriate courts in Texas, and each party will be subject to the jurisdiction of those courts.

14. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

15. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Rights, Compliance, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

16. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

17. Interpretation

The headers are provided only to make this agreement easier to read and understand.

18. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website.

19. Notices

Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us at [email protected], or any addresses as we may later post on the Website.

20. Entire Agreement

These Terms, our Privacy Policy, and any Additional Terms you’ve agreed to make up the entire agreement and supersede all prior agreements, representations, and understandings.