Aeroflow Urban Air Mobility Private Limited Privacy And Cookies Policy
A. Who we are For the purpose of applicable data protection legislation(s) in India, the data controller of Your personal data is the Company.
B. Must Read Sections We draw your attention in particular to the sections entitled “International Data Transfer” and “Your Rights”
C. Amendment to this Policy We will post any amendment, modifications, alterations or changes to the Policy on our Site in relation to our Services. We reserve the right to modify the Policy at any time, so we encourage you to review it frequently. The “Last Updated” legend above (on the Site) indicates when this Policy was last changed. If we make any material change(s) to the Policy, we will notify you via email prior to such change(s) taking effect.
1. PURPOSES OF PROCESSING
1.1. What is Personal Information? We collect information about You in a range of forms, including Your personal data. As used in this Policy, “Personal Information” is as defined in Rule 2(i) the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“IT Rules”) and any successor legislation thereof. This shall include any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available with a body corporate, is capable of identifying such person. The term “Personal Information” shall not include any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force.
1.2. Why do we need your Personal Information? We will only process Your Personal Information in accordance with applicable data protection and privacy laws in India. We require certain Personal Information in order to provide You with the access to our Services. If You create a profile on our Site or are registered with Us, You will have been asked to tick to “Agree” to provide Your Personal I Information in order to access our Services, purchase our products, and view our content. This consent provides Us with the legal basis we require under applicable law(s) to process Your Personal Information. You maintain the right to withdraw such consent at any time. If You do not agree to Our use of your Personal Information in line with this Policy, please do not use our Services.
2. COLLECTING YOUR PERSONAL DATA We collect information about You in the following ways:
2.1. Information You Provide Us This includes the Personal Information you provide when: • registering to use Our Services, including your name, email address, and phone number; • reserving a flight using Our Services, including your credit card information (credit card name, number, expiration date, CVC code, and postal code); • purchasing a flight using Our Services, including passenger names and weights; • participating in promotions we run in relation to our Services; • completing surveys that We use for research purposes; • reporting a problem with Our Services or when We provide you with the customer support; and • corresponding with Us by phone, email or otherwise.
2.2. Information We Get from Others We may also get information about You from other sources. These sources may include: • Our partners who You have agreed to share information with; • someone You may have asked to book or to make an enquiry on Your behalf using our Services; • software telling Us how You engage with our Services; • data specialists providing Us with insights about Our members, based on their own aggregated data sets; and • government and law enforcement authorities providing Us with personal identification and background information when they are involved in official inquiries. We may add the information We receive from these sources to the information We get from our Services.
2.3. Information Automatically Collected We automatically log information about You and Your computer or mobile device when You access our Services. For example, when visiting Our Services, We and Our third-party service providers receive and record information on Our server logs from Your browser, including your IP address and from cookies and similar technology. We collect this information about You using cookies. Please refer to the sections on cookies, Flash Technology and Pixel Tags below.
3. Automated Decision Making and Profiling We may use automated decision making and/or profiling in regard to Your Personal Information for some Services and products, for example re-sorting the order of homepage cards based on Your location and sending e-mails based on the basis of said location, purchase history, or in-application browsing behaviour. You can request a manual review of the accuracy of an automated decision that You are unhappy with or limit or object to such automated decision making and/or profiling by contacting Us at [email protected].
4.1. What are Cookies We may collect information using “Cookies.” Cookies are small data files stored on the hard drive of Your computer or mobile device by a website. We may use both ‘session cookies’ (which expire once You close Your web browser) and ‘persistent cookies’ (which stay on Your computer or mobile device until You delete them) to provide You with a more personal and interactive experience on Services. We use two broad categories of Cookies: (i) first party Cookies, served directly by Us to Your computer or mobile device, which are used only by Us to recognize Your computer or mobile device when it revisits the Site for accessing Our Services; and (ii) third party Cookies, which are served by the service providers on Site for Services, and can be used by such service providers to recognize Your computer or mobile device when it visits other websites.
4.2. Cookies We use Our Services use the following types of cookies for the purposes set out below: (i) Essential Cookies Purpose These Cookies are essential to provide You with the Services available through Our Site and to enable You to use some of its features. For example, they allow You to log in to secure areas of our Services and help the content of the pages You request load quickly. Without these Cookies, the Services that you have asked for cannot be provided, and We only use these Cookies to provide you with those Services. (ii) Functionality Cookies Purpose These Cookies allow our Services to remember choices You make when You use Our Services, such as remembering Your login details and remembering the changes You make to other parts of Our Services which You can customize. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You visit our Services. (iii) Analytics and Performance Cookies Purpose These Cookies are used to collect information about traffic to our Services and how You use Our Services. The information gathered does not identify any individual visitor. It includes the number of visitors to our Services, the websites that referred them to Our Services, the pages they visited while using Our Services, the time of day they accessed/ visited our Services, whether they have visited Our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on Our Services. We use ‘Google Analytics’ for this purpose. Google Analytics uses its own Cookies. It is only used to improve how Our Services work. You can find out more information about Google Analytics Cookies here: https://developers.google.com/analytics/resources/concepts/gaConceptsCookies You can find out more about how Google protects Your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to Your use of Our Services by downloading and installing the browser plugin available via this link: http://tools.google.com/dlpage/gaoptout?hl=en (iv) Targeted and advertising cookies Purpose These Cookies track your browsing habits to enable Us to show advertising which is more likely to be of interest to You. These Cookies use information about Your browsing history to group You with other users who have similar interests. Based on that information, and with Our permission, third party advertisers can place Cookies to enable them to show adverts which we think will be relevant to Your interests while You are on third party website(s). You can disable Cookies which remember Your browsing habits and target advertising at You by visiting the following link: http://www.youronlinechoices.com/uk/your-ad-choices If You choose to remove targeted or advertising Cookies, You will still see adverts but they may not be relevant to You. Even if You do choose to remove Cookies by the entities listed at the above mentioned link, not all entities that serve online behavioural advertising are included in this list, and so You may still receive some Cookies and tailored adverts from entities that are not listed. (v) Social Media Cookies Purpose These Cookies are used when You share information using a social media sharing button or “like” button on our Site while using Our Services or You link Your account or engage with Our content on or through a social networking website such as Facebook, Twitter or Google+. The social network will record that You have done this. Disabling Cookies You can typically remove or reject Cookies via your browser settings. In order to do this, follow the instructions provided by Your browser (usually located within the “settings,” “help” “tools” or “edit” facility). Many browsers are set to accept Cookies until You change Your settings. Further information about Cookies, including how to see what Cookies have been set on Your computer or mobile device and how to manage and delete them. If You do not accept Our Cookies, You may experience some inconvenience in Your Use of Our Services. For example, We may not be able to recognize Your computer or mobile device and You may need to log in every time You use our Services.
5. PIXEL TAGS We may also use pixel tags (which are also known as web beacons and clear GIFs) in relation to Our Services to track the actions of users on Our Services. Unlike Cookies, which are stored on the hard drive of Your computer or mobile device by a website, pixel tags are embedded invisibly on webpages. Pixel tags measure the success of our marketing campaigns and compile statistics about usage of Our Services, so that we can manage Our content more effectively. The information We collect using pixel tags is not linked to our users’ Personal Information.
6. DO NOT TRACK SIGNALS Some internet browsers may be configured to send “Do Not Track” signals to the online Services that You visit. We currently do not respond to do not track signals.
7.1. Routine Advertising We may use other entities to serve third-party advertisements when You visit the Site and use the Services. These entities may collect and use click stream information, browser type, time and date and subject of advertisements clicked or scrolled over during Your visits to the Site and other websites in order to provide advertisements about goods and services likely to be of interest to You. These entities typically use tracking technologies to collect this information. Other entities’ use of their tracking technologies is subject to their own privacy policies.
7.2. Targeted Advertising In order to serve offers and advertisements that may interest You, We may display targeted advertisements on the Site or other digital properties or applications in conjunction with Our content based on information provided to Us by You and information provided to Us by third parties that they have independently collected. We do not provide Personal Information to advertisers when You interact with an advertisement.
7.3. Mobile We may, from time to time, offer certain location or pinpoint based Services, such as location assisted navigation instructions. If You elect to use such location-based Services, we must periodically receive Your location in order to provide such location-based services to You. By using the location-based services, You authorise Us to: (i) locate Your hardware; (ii) record, compile and display Your location; and (iii) publish Your location to third parties designated by You by means of location publication controls available within the applications (for example, ‘settings’, ‘user preferences’). As part of the location-based Services, We may also collect and store certain information about You who elects to use such location-based Services, such as a device ID. This information will be used to provide You the location-based Services. We may use third-party providers to help provide such location-based Services through mobile systems and we may make information available to such providers to enable them to provide their location-based Services, provided that such third party providers may use the information only in accordance with this Policy.
8. USING YOUR PERSONAL DATA
8.1. We may use your Personal Information as follows: • to operate, maintain, and improve the use of our Services through the Site, along with Our actual products and Services; • to manage Your account, including communications with You regarding Your account, if You have an account on our Site; • to operate and administer promotions You participate in on Our Site; • to respond to Your comments and questions and to provide effective customer service; • to undertake or invite You to participate in, market research; • to send passenger name and weight information to aircraft operators for weight, balance, and manifest records; • to send information including technical notices, updates, security alerts, and support and administrative messages; • with Your consent, to send You marketing e-mails and SMSs about upcoming promotions, and other news, including information about products and Services offered by Us and Our affiliates. You may opt-out of receiving such information at any time, as such marketing emails tell You how to “opt-out and by sending us an email to [email protected] asking to Opt Out of email and/or SMS”. Please note, even if You opt out of receiving marketing emails/SMSs, We may still send You non-marketing emails and SMSs. Non-marketing emails include emails about Your account with Us (if you have one) and Our business dealings with You; • to process payments You make via our Site/ Services and prevent fraudulent transactions; • to link or combine user information with other Personal Information; • as We believe necessary or appropriate: (a) to comply with applicable laws; (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities; (c) to enforce our Policy; and (d) to protect Our rights, privacy, safety or property, and/or that of You or others; and • as described in the “Sharing of your Personal Information” section below.
9. SHARING YOUR PERSONAL DATA We may share your Personal Information as follows: • Third Parties Designated by You We may share Your Personal Information with third parties where you have provided your consent to do so. • Our Third Party Service Providers We may share Your Personal Information with Our third party service providers who provide services such as payment processing, user analytics, and email marketing and delivery. These third parties are only permitted to use Your Personal Information to the extent necessary to enable them to provide their services to Us. They are required to follow Our express instructions and to comply with appropriate security measures to protect Your Personal Information. • Third Party Advertisers We may share Personal Information with advertisers and advertising networks that require the data to select and serve relevant adverts to You and others. These advertisers and advertising networks may include DoubleClick, Google Ad Manager, Bing Ads, Outbrain Pixel, Outbrain Amplify, Live Intent, Facebook, and Google Analytics Audiences. • Affiliate(s) We may share some or all of Your personal Information with Our affiliate(s), in which case We will require Our affiliate(s) to comply with this Policy. In particular, You may let us share Your Personal Information with Our affiliate(s) where You wish to receive marketing communications from them. • Corporate Restructuring We may share Your Personal Information when we enter into a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of Our business or assets. These deals can include any merger, financing, acquisition or bankruptcy transaction or proceeding. • Other Disclosures We may share Your Personal Information as we believe necessary or appropriate: (a) to comply with applicable law(s); (b) to comply with lawful requests and legal process, including to respond to requests from public and government authorities to meet national security or law enforcement requirements; (c) to enforce our Policy; and (d) to protect our rights, privacy, safety or property, and/or that of You or others. 10. ANONYMOUS DATA When We use the term “anonymous data,” We are referring to the data and information that does not permit You to be identified or identifiable, either alone or when combined with any other information available to a third party. We may create anonymous data from the Personal Information We receive about You and other individuals whose Personal Information We collect. Anonymous data might include ‘analytics information’ and ‘information collected by Us’ using Cookies. We make Personal Information into anonymous data by excluding information (such as Your name) that makes the data personally identifiable to You. We use this anonymous data to analyses usage patterns in order to make improvements to Our Site and Services.
11. THIRD PARTY SITES Our Site may contain links to our partner sites and other partners. This Policy does not cover the privacy practices of such third parties. These third parties have their own privacy policies and We do not accept any responsibility or liability for their websites, features or policies. Please read their privacy policies before you submit any data or information to them including any Personal Information.
12. INTERNATIONAL DATA TRANSFER Your information, including Your Personal Information that We collect from You, may be transferred to, stored at and processed by Us and our affiliate(s) and other third parties outside the country in which You reside, where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By using Our Services, You agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Policy.
13. SECURITY We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within Our organization. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. If You have reason to believe that Your interaction with Us is no longer secure (for example, if You are of the opinion that the security of any account You might have with Us has been compromised), please immediately notify Us of the problem by contacting Us using the details in Clause 19 herein below.
14. RETENTION We will only retain Your Personal Information until You close Your account, unless a longer retention period is required or permitted by law (for example for regulatory purposes).
15. OUR POLICY ON CHILDREN Our mobile application/ official website are not directed to children under the age of eighteen (18) years. If a parent or guardian becomes aware that his or her child has provided Us with information without their consent, he or she should contact Us using the details in given below. We will delete such information from Our files as soon as reasonably practicable. 16. SENSITIVE PERSONAL DATA Subject to this Clause 16, We ask You to not send and disclose Us, on or through the Site and/ or while accessing/ availing Our Services or otherwise, any ‘Sensitive Personal Data’ as referred to in Rule 3 of the IT Rules including the: (i) password; (ii) financial information such as bank account or credit card or debit card or other payment instrument details; (iii) physical, physiological and mental health condition; (iv) sexual orientation; (v) medical records and history; (vi) biometric information; (vii) any details relating to the above clauses as provided to the body corporate for providing service; and (viii) any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise. It shall also include social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, genetic characteristics, criminal background or trade union membership.
16.1. YOUR RIGHTS • Opt-out: You may contact Us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) Our collection of Sensitive Personal Data; (iv) any new processing of Your Personal Information that We may carry out beyond the original purpose; or (v) the transfer of Your Personal Information outside India. Please note that Your use of some of the Services may be ineffective upon opt-out. • Access You may access the information We hold about You at any time via your profile or by contacting Us directly. • Amend You can also contact Us to update or correct any inaccuracies in Your Personal Information. • Move Your Personal Information is portable – i.e. You have the flexibility to move Your data to other service providers as You wish. • Erase and forget In certain situations, for example when the information We hold about You is no longer relevant or is incorrect, You can request that We erase Your data/ concerned information. • If You wish to exercise any of these rights, please contact Us using the details in Clause 18 below. In your request, please make clear as to: (i) what Personal Information the request is concerned with; and (ii) which of the above rights You would like to enforce. For your protection, We may only implement requests with respect to the Personal Information associated with the particular email address that You use to send Us Your request, and We may need to verify Your identity before implementing Your request. We will try to comply with Your request as soon as reasonably practicable and in any event, within two (2) months of Your request. Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
17. COMPLAINTS We are committed to resolve any complaints about Our collection or use of Your Personal Information. If You would like to make a complaint regarding this Policy or Our practices in relation to Your Personal Information, please contact us at: [email protected]. We will reply to Your complaint as soon as We can and in any event, within thirty (30) days. We hope to resolve any complaint(s) brought to Our attention, however, if You feel that Your complaint has not been adequately resolved, You reserve the right to contact appropriate authority.
18. CONTACT INFORMATION We welcome Your comments or questions about this Policy. You may contact us in writing at [email protected] or call us on 18001025233
Membership Terms & Conditions / End User License Agreement / Terms of Service
These Conditions apply to all Air Carriage Services facilitated to you by Aeroflow Urban Air Mobility and by requesting services from Aeroflow Urban Air Mobility you agree that these conditions shall apply to those services and your requisitioning for such services.
- DEFINITIONS AND INTERPRETATION
1.1 IN THESE CONDITIONS, THE FOLLOWING DEFINITIONS APPLY:
Benefits: means the benefits made available to Members by Aeroflow Urban Air Mobility.
Conditions: these terms and conditions as amended from time to time in accordance with clause 9.4.
Member: a person registered as a member BLADE
Membership: means the ‘BLADE membership’ owned by Aeroflow Urban Air Mobility Private Limited.
Air Carriage Services: means any flight operations of the Operator by way of chartering the helicopter on per flight basis as per demand of the members.
Website: Website means the website located at www.flyblade.in
Request: means a request for Air Carriage Services placed by a member with Aeroflow Urban Air Mobility.
Services: means the Air Carriage Services described on the Website from time to time which are made available by the Operator as per demand and request by the members.
Operator: means an Air Carrier (Non-Scheduled Operator’s Permit Holder under Aircraft Act and Rules) which provides Air Carriage Services to the members.
1.2 IN THESE CONDITIONS, THE FOLLOWING RULES APPLY:
- a person includes a natural person, corporate or unincorporated body ( whether or not having separate legal personality);
- a reference to a party includes its personal representatives, successors or permitted assigns;
- a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
- any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
a reference to writing or written includes e-mails.
- MEMBERSHIP APPLICATIONS
2.1 All Membership applications are subject to acceptance by Aeroflow Urban Air Mobility at its sole discretion. Aeroflow Urban Air Mobility shall notify applicants in the event that his or her MEMBERSHIP application has not been accepted. Aeroflow Urban Air Mobility is under no duty to disclose its reasons for rejecting any MEMBERSHIP application.
2.2 You are obliged to provide correct personal details when you apply for MEMBERSHIP. Failure to do so may invalidate your MEMBERSHIP and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify Aeroflow Urban Air Mobility promptly in the event that any information provided by you in connection with your MEMBERSHIP changes. By providing your personal details and by acknowledging and accepting the general terms of service and Membership Terms and Conditions as well as other content displayed on website, you are deemed to have made an application of membership to Aeroflow Urban Air Mobility. Your unique e-mail id is the Membership Number allotted to you and shall be without any exception, be part or deemed to be part of the ‘Welcome Mail’, ‘Invoice’, ‘Confirmatory Voucher’, irrespective of the fact whether the aforesaid Membership Number is mentioned on the said documents or not.
2.3 Aeroflow Urban Air Mobility will issue you a Welcome e-mail as soon as possible following your joining Aeroflow Urban Air Mobility.
2.4 Your Membership is personal to you. You are responsible for ensuring that no one misuses your Membership.
2.5 Access to and use of the Aeroflow Urban Air Mobility Website is open to only a member. You are solely responsible for use and access to the Website maintaining the confidentiality of your name and you agree to notify Aeroflow Urban Air Mobility immediately if you believe that there has been any breach of security, including the unauthorized use of your name.
2.7 You must notify Aeroflow Urban Air Mobility immediately by e-mail at Aeroflow Urban Air Mobility Customer care if your Membership is misused.
- MEMBERSHIP, SUSPENSION AND CANCELLATIONS
3.1 Aeroflow Urban Air Mobility reserves the absolute right to cancel your Membership ( at its sole discretion ) for any reason whatsoever.
- FACILITATION OF SERVICES
4.1 Aeroflow Urban Air Mobility shall facilitate supply of Air Carriage Services to the Members through Operator in accordance with the relevant Request.
4.2 Aeroflow Urban Air Mobility shall use its reasonable endeavours to facilitate any Air Carriage Services on the travel dates specified, but, any such dates shall be estimates only and time shall not be of the essence for performance of the Services.
4.3 Aeroflow Urban Air Mobility shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and BLADE shall notify the Member in any such event.
- REFUNDS AND RETURNS
5.1 If a request for the Service is not available, Aeroflow Urban Air Mobility may offer you substitute service of a similar description and standard. You may at your sole discretion refuse acceptance of such substitute services and receive a full refund in the event that payment has already been tendered to Aeroflow Urban Air Mobility for the available service.
5.2 All descriptions of Services on the Website have been approved by the relevant Operator.
5.3 Payment for Service shall be due immediately upon booking of the flight.
6.1 Operators are responsible for providing Air Carriage Services which you Request us to facilitate on your behalf from time to time. Aeroflow Urban Air Mobility shall communicate with Operators on your behalf.
6.2 Operators may impose their own terms and conditions having regard to safety of helicopter and passengers which, in every case apply to the supply of Air Carriage Services provided by that Operator to you, and such terms and conditions shall be binding upon you.
- LIMITATIONS OF LIABILITY
7.1 Nothing in these Conditions shall apply or include Aeroflow Urban Air Mobility liability for:
- death or personal injury caused by Operator’s negligence, or the negligence of its employees, agents or subcontractors while carrying out Operator’s duties and responsibilities as mandated under Aircraft Act, Rules as well as directions, circulars, etc., issued by DGCA from time to time;
7.2 Subject to clause 7.1:
- Aeroflow Urban Air Mobility shall be liable to the Member, whether in contract, tort (including negligence), breach of duty or otherwise, for any loss, costs, damages, charges or expenses arising under or in connection with Aeroflow Urban Air Mobility facilitation of Services alone; and
- Aeroflow Urban Air Mobility’s total liability to the Member in respect of all other losses arising under or in connection with Aeroflow Urban Air Mobility’s facilitation of Services shall be limited to the total value of the Member’s purchase of Air Carriage Services.
7.3 Neither Aeroflow Urban Air Mobility nor any of its directors, officers, employees, and agents shall be liable for any losses, direct or indirect, special, punitive, exemplary, or consequential damages of any kind, including but not limited to lost profits, arising from the use of Aircraft Carriage Services.
7.4 You acknowledge that Aeroflow Urban Air Mobility is merely facilitating aggregation of flyers and that it is not providing any aircraft operations or aviation services. Any claim against the Operator / Operator’s staff / other Passengers shall be pursued by you directly with any of them and Aeroflow Urban Air Mobility shall not be impleaded as a party to any such claim.
7.5 Aeroflow Urban Air Mobility shall have no liability to you for any loss, damage, costs, expenses, or other claims for compensation arising from Requests by you which are incomplete, incorrect or inaccurate or arising from the late arrival or non-arrival of any Member for any flight, or any Member Default.
7.6 Aeroflow Urban Air Mobility shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of Aeroflow Urban Air Mobility’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Aeroflow Urban Air Mobility’s reasonable control.
7.7 Except as expressly set out in these Conditions, all warranties, conditions, and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions.
7.8 This clause 7 shall survive termination of these Conditions.
- COMMENCEMENT AND TERMINATION
8.1 These conditions shall take effect and be binding upon the Member and Aeroflow Urban Air Mobility Private Limited upon acceptance by Aeroflow Urban Air Mobility of your Membership application.
- A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
- Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.
- If a court or any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
- If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
9.4 Variation: Aeroflow Urban Air Mobility may vary these Conditions from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: Aeroflow Urban Air Mobility Newsletter, the Website, by Email, by phone or sms. Your continued use of your Membership constitutes acceptance of such variations to these Conditions.
9.5 Third parties: A person who is not a party to these Conditions shall not have any rights under or in connection with it.
9.6 Governing law and jurisdiction: These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, Indian law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of New Delhi.
You represent that you have read, understood and acknowledge the Aeroflow Urban Air Mobility Membership Terms and Conditions and further agree to be bound by the said Terms and Conditions as per official website. You can contact BLADE at [email protected] or India Call Centre number 18001025233.
End User License Agreement / Terms of Service
TERMS OF SERVICE These terms of service (“Terms of Service”) and End User License Agreement (“EULA”) are being executed between you, an individual user (“You” or “you”) and FlyBlade (India) Private Limited, a company incorporated under the provisions of Companies Act, 2013 having its registered office at The Circle, 5th Floor, Huda City Centre, Sector 29, Gurgaon-122001, Haryana (hereinafter referred to as "BLADE”, “Company”, “We”, “Us” or “Our” (as the context may require) which terms and expressions shall unless repugnant to the subject, context or meaning thereof be deemed to mean and include its successor(s) and assign(s)). For the purpose of the User Agreement, 'You' shall mean any natural or legal person who is a Guest user or is a Member who has agreed to purchase Charter services offered by the ‘Operator’ after providing his personal data such as cell number and email id,etc.
(You and the Company BLADE shall herein also be individually referred to as “Party” and collectively as “Parties”) These Terms of Service shall govern:
(i) your use of the Company’s mobile application (“App”),
(ii) any websites/ portals owned and/or controlled by or on behalf of the Company (“Site”), and (iii) the transportation or experiential short distance services provided by Aeroflow Urban Air Mobility to You (collectively, the “Service”).
By accessing the website and using mobile app, and accepting the terms and conditions mentioned herein below, you become member of BLADE. By becoming a member, you are entitled to avail various offers announced from time to time, other ancillary services, access to world class lounge managed by BLADE at the various heliports etc. BLADE represents and you acknowledge that all destination flights as detailed anywhere in this website is open to use only to the members of the website and not to the general public. By purchasing a flight on BLADE website you further acknowledge that your said purchase of flight shall be deemed to have been purchased by invitation only. By installing or otherwise accessing or using the App, Site and/or the Service, you agree that you have read, understood and agree to be bound by these Terms of Service and EULA. You acknowledge that BLADE does not provide Air Carrier Services and is not a registered/Licensed air carrier and that all flights are operated by licensed operators. Any crowd-sourced flights posted to and from anywhere in India are only being offered by BLADE as an agent of customer and in no way the Company shall be construed as the licensed air carrier. BLADE provides a platform where seller and buyer of Air Charter services meet and facilitates the Air Charter Services offered by a NSOP to a customer through the use of application /service/mobile app,etc. BLADE merely offers information and a method via a digital platform to such third party for air charter booking services.“It is an enabling website and platform for consumers to connect with a third party, which is an independent licensed Charter Helicopter Operator. Once Operator accepts a booking request, customer shall be notified with the itinerary details through email/ SMS or Mobile application.
Aeroflow Urban Air Mobility shall do all the reasonable efforts to connect you with the Operator & the services are subject to the availability for requested dates”.
THE COMPANY DOES NOT PROVIDE CHARTER SERVICES, AND THE COMPANY IS NOT A LICENSED AIR CARRIER. IT IS UP TO THE THIRD PARTY CHARTER OPERATOR (“OPERATOR”) TO OFFER CHARTER SERVICES, WHICH MAY BE SOURCED THROUGH USE OF THE APPLICATION OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY CHARTER SERVICES.
By using this website and/or Mobile Application or user of the service through the travel agents you hereby acknowledge that BLADE is not a transport services provider and only a technology enabling platform and offers the method to obtain the services of the Operator, but in no way does it have any responsibility or liability for any charter services provided by third parties. By using the Services and booking a flight, you authorize Aeroflow Urban Air Mobility to enter into a charter contract with the Operator as your agent”.
1.1. Service The Service allows you to reserve flight i.e. fixed wing rides and any other similar air carrier arranged by the Company for rendering the Service ) between the locations described on the App and Site of the Company.
1.2. Consideration You may access the App/ Site for free, but in order to reserve a flight , you will have to pay a fare, as published on the App or Site, or as otherwise agreed upon between you and the Company. You agree to these Terms of Service and EULA in consideration of your use of the Service and other good and valuable consideration, the receipt and sufficiency of which you hereby acknowledge.
1.3. Amendment to the Terms of Service and the EULA App and Site are owned and operated by BLADE. BLADE reserves the complete right to revise these Terms of Service and EULA in its sole discretion at any time without giving a prior notice to you, other than by posting the revised Terms of Service and EULA on the Site and/ or App. Any amendments/ revisions/ modifications to these Terms of Service and EULA shall be effective upon posting of such revised/ amended/ modified version of the Terms of Service and EULA on the App and/ or Site by BLADE and accordingly these Terms of Service and EULA will be identified as of the most recent date of their revision/ amendment/ modification. Your continued use of the Service after a revised version of these Terms of Service and EULA has been posted on the App and/ or Site by BLADE, constitutes your binding acceptance of such revised/ amended/ modified Terms of Service and EULA. Notwithstanding the preceding sentences of this Clause 1.3, no revisions to these Terms of Service and EULA shall apply to any dispute between you and the Company that arose prior to the effective date of such revision/ amendment/ modification. In addition to the foregoing, in the event of any dispute or conflict arising between the Parties with respect to the construction/ interpretation of any clause(s)/ provision(s) hereof, such version of relevant clause(s)/ provision(s) shall be taken into consideration for the resolution of said dispute/ difference, which was/ were applicable or was/ were in force at the time the said conflict or dispute arose between the Parties.
1.4. Eligibility If you are using or becoming a member on the Site or App for availing Service of the Company on behalf of any company, entity or organization ( “Subscribing Entity”), then you represent and warrant that you:
(i) are an authorized representative of that Subscribing Entity with the authority to bind such company/ entity/ organization to these Terms of Service and EULA; and
(ii) agree to be bound by the Terms of Service and EULA on behalf of such Subscribing Entity.
1.5. Children The App/ Site is not intended for children under the age of eighteen (18) years. If you are under eighteen (18) years of age, you must not use or access the App/ Site at any time or in any manner. By using the App/ Site, you affirm that you are at least eighteen (18) years of age. At the heliport, children must carry their respective identity cards.
1.6. Registration and Eligibility for becoming a member and Other Terms and Conditions
(ii) reasonable control of the Company, in such an instance the Company shall not be liable for any loss or damage arising out of such unauthorized use or breach of your log in credentials.
(ii) Accuracy of Information You represent to provide true, accurate, current and complete information about yourself as requested in any registration form(s) of the Company. You also agree to update the information about yourself promptly, and as necessary, to keep the information in the database of the Company current and accurate at all times. If messages sent to an email address provided by you are returned as undeliverable, the Company reserves the right to terminate your membership immediately with or without notice to you and without any liability to you or any third party.
(iii) Buying a flight The App or Site will display available Flights (b) To reserve/charter a Flight, you will need to provide your credit card/ debit card/ net banking information and a valid cell phone number and go through the steps necessary on the App or Site to complete your purchase. Your Flight is not confirmed until you receive a confirmation voucher through e-mail from the Company.
(v) CANCELLATION, MODIFICATION AND REFUND POLICY (a) Cancellation Policy You shall be bound by the following Cancellation Policy of the Company: You can cancel a Flight by calling at the toll free Call Centre number of the Company which is 18001025233 or dropping an email on the [email protected] a. The full amount will be refunded if cancellations are made 48 hours before the flight departure. Rs. 5000 cancellation fee will be applied. b. 50% of the amount will be refunded if cancellations are made 24 hours before the flight departure. c. 25% of the amount will be refunded if cancellations are made 12 hours before the flight departure. 25% discount will be offered on the next booking on the next booking Best Available Rate of the Day d. There will be no refund for cancellations are made within 12 hours the flight departure. (b) Modification Policy CHANGES: You can request a switch from one flight to another by calling us at 18001025233 or sending us an email to [email protected]. Modification of the invoice is allowed until 24 hrs before departure. The fare difference if any will charged, with a change fee of INR 5000. (c) Refund Policy If the invoice has been paid for by credit card, the proceeds will be credited to the respective credit cards If the invoice has been paid for by debit card/net banking, the proceeds will be directly credited to the respective bank account
(vi) Flight Delay Policy From time to time, your Flight may be delayed due to weather, unforeseen mechanical issues, temporary Flight restrictions, air traffic delays and heliport congestion. If Your Flight is cancelled or delayed, you will be notified by Team BLADE via email, text, phone or in- App notification. In the event weather forecasts look unfavorable and our operators advise Us there is a high probability of cancellations due to weather, BLADE shall endeavor to send notifications of weather delays or cancellations at least one (1) hour prior to your departure time. However, weather conditions change rapidly and there may be circumstances where flights are cancelled or delayed for weather or mechanical reasons up until the departure time. In the event any Flight is delayed for more than two (2) hours, you have the option of cancelling your Flight and receiving the refund from BLADE for the fare purchased. BLADE's Cancellation Policy outlined in Clause (v) herein above, shall apply to anyone cancelling their invoices on a Flight. In order to minimize the passenger impact of cancellations and delays due to weather, unforeseen mechanical events, temporary flight restrictions and heliport congestion, BLADE may reassign You to a different helicopter than the type on which You originally purchased Your invoice. If for any reason, You decline to accept the alternate helicopter, Fly Blade shall refund You for the originally purchased fare. If BLADE has to move Your Flight to a time earlier than Your negotiated departure time due to weather, unforeseen mechanical issues or Temporary Flight Restrictions and You are unable to make the newly agreed Flight, BLADE shall refund you for the originally-purchased fare.
(vii) All Weather Guarantee BLADE will provide complimentary chauffeur-driven vehicles for customers on flights cancelled due to weather, agreed to fly between locations on BLADE flights departure times may differ than Your original Flight time and pick up locations for flights may be limited to Heliport. You also will be in a car with other passengers. BLADE will refund You the amount charged for the cancelled Flight.
(viii) Weather Insurance Weather Insurance is available as an upgrade for purchase on select routes. If You choose to add Weather Insurance, in the event of a weather cancellation, You can opt to receive a full credit card/ debit card refund.. If You have purchased Weather Insurance and Your Flight is cancelled due to weather, please email to Us at [email protected] and BLADE will refund Your fare.
BLADE's Weather Insurance is subject to the following terms:
(i) All-Weather Guarantee is applicable to fliers who opt for BLADE's weather insurance and request a credit card/ debit card refund;
(ii) the credit card/ debit card refund amount is based on the entire value of the order – flight price, taxes, upgrades (excluding Weather Insurance upgrade);
(iii) Credit card refunds are applicable to purchases made using credit cards only.
(iv) Weather Insurance can be added by calling Flier Relations post booking the flight.
Carriage of Liquor There is no check in baggage and liquor can only be added into the on ground baggage transport services provided as per legal restrictions for inter-city transport.
Luggage Policy One small soft cover foldable carry on per person is allowed (7 kgs). Baggage has to be a small soft cover foldable hand bag and cannot be hard top. Your luggage will be inspected for size and weight when you arrive to the BLADE Lounge or point of departure. Golf Clubs are only permitted on charter flights. If you have excess or oversize baggage: If you bring oversize baggage to your flight, a member of Team BLADE reserves the right to disallow bags that are deemed too heavy or large. It is recommended you avail the baggage transfer facility offered by BLADE which will transport your oversize baggage at a charge, before your flight onward to your destination. Pricing is available on our website or via the Flier Relations team on 18001025233 The following items are not permitted:
• Samsung Galaxy Note 7
• Firearms, inflammable materials, ammunition and explosives
• Aerosol cans
• Smoking devices and e-cigarettes The following items must be on your person or in the cabin with you and are prohibited from being in your checked in baggage
• Lithium batteries
• Consumer electronics and power banks
• Medical devices like hearing aids, pacemakers
• Watches, cellular phones, laptop computer, and hearing aids containing lithium cells or batteries, and spare lithium batteries and cells for these devices.
• At the heliport, passengers carrying more than the baggage allowance, that is, five (5) kilograms will need to send the luggage through the baggage transfer partner by road at their own expense.
(xi) Pets No pets shall be allowed on the helicopter. You are requested to take care of the present restriction.
(xii) Passenger placement BLADE may assign specific places to passengers on Flights at the air carrier’s request based on the weight and size of the passenger and the helicopter.
(xiii) Refusal To Transport BLADE may, in its sole discretion, refuse to transport or may remove from a helicopter at any point any passenger for one or several reasons, including but not limited to:
(i) failure by the passenger to comply with the rules of these Terms of Service and EULA or disobeying specific instructions given by the helicopter pilots in the interest of safety;
(ii) conduct of the passenger that in the judgment of the Company is or is known to be disorderly, disruptive, abusive, threatening, or violent or otherwise inimical to the comfort of other passengers or to safety of the Flight;
(iii) appearance by the passenger that he/she is intoxicated or under the influence of drugs to a degree that refusal or removal may be necessary for the comfort and safety of the passenger, other passengers, or the Flight crew. Unauthorized photography in the BLADE lounges or on Flights may also be deemed reason for refusal to transport. The invoices of any passenger refused passage or removed enroute under the provisions of this Clause will be refunded to the passenger. Such a refund shall be the sole recourse of any Passenger refused passage or removed enroute. Under no circumstances will carrier be liable to any passenger or refused passenger for any type of indirect, special or consequential damage.
(xiv) Material Terms As provided in greater detail in these Terms of Service and EULA (and without limiting the express language herein), you acknowledge the following:
• the App is licensed, not sold to you, and that you may use the App only as set forth in these Terms of Service and EULA;
• the use of the Service may be subject to separate third party terms of service and fees, including without limitation, your mobile network carrier’s terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
• disputes arising here under will be resolved by binding arbitration in accordance with the provisions contained herein.
(xv) Scope of License BLADE reserves all rights in respect of the App/ Site/ Service not expressly granted to you here under. Subject to your complete and on-going compliance with these Terms of Service and EULA, BLADE hereby grants You a personal, limited, revocable, non-transferable license to use the Service solely for Your personal, non-commercial use, and to use the App on a single compatible device that You own or control. You may not modify, alter, reproduce, distribute or make the App/ Site/ Service available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the App/ Site/ Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or Third Party Terms (as defined herein below)), nor attempt to disable or circumvent any security or other technological measure designed to protect the App/ Site/ Service or any content available through the App/ Site/Service. If You breach these license restrictions, or otherwise exceed the scope of the licenses granted herein, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights. The terms of this EULA will govern any updates provided to you by BLADE that replace and/or supplement the original App or any other portion of the Service, unless such upgrade is accompanied by a separate license or revised EULA, in which case the terms of that license or revised EULA will govern.
(xvi) Service Security You are prohibited from violating, or attempting to violate, the security of the App/ Site/ Service. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the App/ Site/ Service, at BLADE's sole discretion. BLADE reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the App/ Site/ Service.
(xvii) Third Party Materials
(a) You understand that by using the App/ Site/ Service, you may encounter data, information, applications, or materials from third parties, including other users of the Service (“Third Party Materials”) and other content, including content from BLADE(collectively (including Third Party Materials), “Content”), that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language or other material. Nevertheless, you agree to use the App/ Site/ Service, and rely upon any Content accessible through the Service, at your sole risk and that the Company will not have any liability to You for Content that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable.
(b) You agree and understand that the App/ Site/ Service contains proprietary content, information, and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, and that you will not use such proprietary content, information, or materials except for permitted use of the App/ Site/ Service. No portion of the App/ Site/ Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App/ Site/ Service, in any manner, and you will not exploit the App/ Site/ Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the App/ Site/ Service in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party, and that BLADE is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, illegal, or other harmful messages or transmissions that you may receive as a result of using the App/ Site/ Service.
(c) In addition, third party services and Third Party Materials that may be accessed from, displayed on, or linked to from your device are not available in all languages or in all countries. BLADE makes no representation that such services and materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, You do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, applicable local laws. BLADE and its licensors reserve the right to change, suspend, remove, or disable access to such services at any time without notice. In no event will BLADE be liable for the removal of or disabling of access to any such services. BLADE may also impose limits on the use of or access to certain services at any time, in any case and without notice or liability.
(xviii) Your Use of the Service and the Content. You rights to use the Service are expressly conditioned on the following: You may access the Service for your personal and informational purposes only, and solely as intended through the provided functionality of the Service and as permitted under this EULA.
(a) Unless expressly permitted, You may not alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Service.
(b) Unless expressly permitted, You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream, or broadcast any part of the Service without BLADE's prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without BLADE's express written consent: • altering, defacing, mutilating, or otherwise bypassing any approved software through which the Service is made available; and • using any trademarks, service marks, design marks, logos, photographs, or other content belonging to BLADE or obtained from the Site/ App/ Service.
(c) You agree not to bypass, circumvent, damage, or otherwise interfere with any security or other features of the App/ Site/ Service (including Content and collectively, “Service Materials”) designed to control the manner in which the Service is used, harvest or mine Content from the Service, or otherwise access or use the Service in a manner inconsistent with individual human usage. You agree not to undertake, cause, permit, or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of any aspect of the Site, App, Service, Service Materials or Content or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by this EULA, the authorized features of the Service or Content, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by BLADE.
(d) You agree not to use, display, mirror, frame, or utilize framing techniques to enclose the Site, App, Service or the Content, or any portion thereof, through any other application or website, unless and solely to the extent BLADE makes available the means for embedding any part of the Service or the Content.
(e) You agree not to access, tamper with, or use non-public areas of the Site/ App/ Service, BLADE’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of BLADE's providers.
(f) You agree not to harass, abuse, harm, or advocate or incite harassment, abuse, or harm of another person or group, including BLADE’s employees and affiliates.
(g) You agree not to provide any false personal information to BLADE.
(h) You agree not to create a false identity, misrepresent or impersonate another person or entity in any way.
(i) You agree not to create a new account with BLADE, without BLADE’s express written consent, if BLADE has previously disabled an account of yours.
(j) You agree not to solicit, or attempt to solicit, personal information from other users of the Service.
(k) You agree not to restrict, discourage, or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the App/ Site/ Service without the consent of such person, or collect information about users of the Service.
(l) You agree not to use the App/ Site/ Service, without BLADE express written consent, for any commercial purpose, including communicating or facilitating any commercial advertisement or solicitation.
(m) You agree not to gain unauthorized access to the App/ Site/ Service, to other users’ accounts, names, or personally identifiable information, or to other computers or websites connected or linked to the Service.
(n) You agree not to post, transmit or otherwise make available any virus, worm, spyware, or any other computer code, file, or program that may or is intended to disable, overburden, impair, damage, or hijack the operation of any hardware, software, or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
(o) You agree not to interfere with or disrupt the App/ Site/ Service, networks, or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers.
(p) You agree not to violate any applicable federal, state, or local laws or regulations or the Agreement.
(q) You agree not to assist or permit any persons in engaging in any of the activities described above.
(xix) Third Party Software The software you download consists of a package of components, including certain third party software (“Third Party Software” and together with the App, the “Package”) provided under separate license terms (“Third Party Terms”), as described in more detail at the bottom of this EULA. Your use of the Third Party Software in conjunction with the App in a manner consistent with the terms of this EULA is permitted, however, you may have broader rights under the applicable Third Party Terms and nothing in this EULA is intended to impose further restrictions on your use of the Third Party Software.
(xxi) Ownership The Service, and the media and materials contained therein, including all intellectual property rights therein, are the sole and exclusive property of BLADE and its licensors. Except for the limited license expressly granted by and to you under this EULA, no other rights, licenses, or immunities are granted or will be deemed to be granted under this EULA, either expressly, or by implication, estoppel or otherwise. All rights not expressly granted by a party hereunder are expressly reserved.
(xxii) Feedback While Our own staff is continually working to develop and evaluate Our own product ideas and features, We pride ourselves on paying close attention to the interests, feedback, comments, and suggestions We receive from the user community. If You choose to contribute by sending BLADE or Our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials ( “Feedback”), then regardless of what Your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to BLADE, you agree that:
• BLADE has no obligation to review, consider, or implement your Feedback, or to return to You all or part of any Feedback for any reason;
• Feedback is provided on a non-confidential basis, and BLADE is not under any obligation to keep any Feedback You send confidential or to refrain from using or disclosing it in any way; and
• You irrevocably grant BLADE perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
(xxiii) Termination These Terms of Service and EULA is effective until terminated by You or the Company in accordance with the provisions contained herein. Your rights under this EULA will terminate automatically without notice from BLADE if You fail to comply with any term(s) set forth hereunder (including by violating any license restriction provided herein). You may terminate this EULA by uninstalling the App. Upon any termination of this EULA, you must immediately cease all use of the Service, and destroy all copies, full or partial, of the App.
(xxiv) Indemnity You hereby agree to indemnify and hold BLADE, and its members, employees, agents, affiliates, successors, and assigns harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) Your access, use, or misuse of the App, Site, Service, Service Materials or Content, and/ or (b) Your violation of this EULA, and/ or (c) inaccuracy of any representation and warranty contained herein and/ or breach of any covenant on your part. BLADE will use reasonable efforts to notify you of any such claim, action, or proceeding for which it seeks an indemnification from you upon becoming aware of it, but if BLADE is unable to communicate with you in a timely manner because of an inactive or erroneous e-mail address provided by you, your indemnification obligation will continue notwithstanding BLADE's inability to contact you in a timely manner.
(xxv) No Warranty You expressly acknowledge and agree that use of the Service, the package, and Service Materials are at Your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with You. To the maximum extent permitted by applicable law, the Service, the package, and all Service Materials are provided “as is” and “as available” with all faults and without warranty of any kind, and BLADE hereby disclaims, on behalf of itself and its suppliers and licensors, all warranties and conditions with respect thereto, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, title, and non-infringement of third party rights. BLADE does not warrant against interference with Your enjoyment of the Service, the package, or Service Materials, that the functions contained in or Services performed or provided by the Service, package, or Service Materials will meet your requirements, that the operation of the Service, the package or Service Materials will be secure, uninterrupted, or error-free, or that any defects in any of the foregoing will be corrected. No oral or written information or advice given by BLADE or its authorized representatives will create a warranty not expressly provided for in the EULA. Should the Service, package, or Service Materials prove defective, You assume the entire cost of all necessary servicing, repair, or correction. The exclusion of implied warranties and/ or limitations will be applied to the greatest extent enforceable under applicable law(s).
(xxvi) Limitation of Liability To the extent not prohibited by applicable law(s), in no event will BLADE or its suppliers or licencors be liable for personal injury, or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to Your use or inability to use the Service, the package, or Service Materials, however caused and even if BLADE has been advised of the possibility of such damages. In no event will BLADE's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the greater of the amounts paid to BLADE by You in the preceding twelve (12) months or INR [30,000)Indian Rupees only). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. BLADE does not provide transportation services and is not a transportation carrier. It is up to the third-party transportation provider, driver, or vehicle operator to offer transportation services which may be sourced through the Service. BLADE offers information and a method to obtain such third-party transportation services, but does not and does not intend to provide transportation services or act in any way as a transportation carrier, and has no responsibility or liability for any transportation Services provided to You by such third parties. BLADE may introduce You to third-party transportation providers to provide You transportation, but BLADE does not assess the suitability, legality, or ability of any third-party transportation provider and You expressly waive and release BLADE from any and all liability, claims, or damages arising from or in any way related to the third-party transportation provider. You acknowledge that BLADE does not monitor any third-party transportation provider’s on-going compliance with any and all licensing and/or permitting rules and regulations, and the Company will not be responsible for any liability, claims, or damages arising from or in any way related to a third-party transportation provider’s failure to maintain a current license and/or permit. The Company will not be a party to disputes or negotiations of disputes between You and any third-party providers. Responsibility for the decisions You make regarding BLADE services rests solely with You. BLADE will not assess the suitability, legality, or ability of any such third parties and You expressly waive and release BLADE from any and all liability, claims, causes of action, or damages arising from Your use of the service, or in any way related to the third parties introduced to You by the App, Site, Service. The quality of the transportation services sourced through the service is entirely the responsibility of the third-party provider who ultimately provides such transportation services to You. You understand that by using the Service, You may be exposed to transportation that is potentially dangerous, harmful, or otherwise unsafe and that You use the service at your own risk. In no event will BLADE, its suppliers or licensors be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of You or anyone else in connection with the use of the service, including without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of this Service, persons You meet through the Service or flights You book through the Service.
(xxvii) Third Party Disputes Any dispute You have with any carrier, service provider, or other third party, including, without limitation, any other user of the Service, is directly between You and such third party and You irrevocably release BLADE and its members, affiliates, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
(xxviii) Dispute Resolution (a) Mandatory Arbitration Please read this carefully. It affects your rights. You and BLADE and each of Our respective subsidiaries, affiliates, predecessors in interest, successors, assigns and permitted assigns agree to arbitration, as the exclusive form of dispute resolution except as provided for below, for all disputes and claims arising out of or relating to the terms and conditions embedded in this EULA or Your use of the Service. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award.
• Commencing Arbitration A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (“Notice”).I In the absence of a valid mailing address provided by You to BLADE. BLADE shall send the Notice to You via any other method available to BLADE, including via e-mail. The Notice to BLADE shall be addressed to [.] (“Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute/ conflict; and (B) set forth the specific relief sought (“Demand”). If You and FlyBlade do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, You or BLADE may commence an arbitration proceeding as set forth below. The arbitration shall be referred to a sole arbitrator who shall be mutually decided by You and BLADE and the arbitration proceedings shall be conducted at the Delhi International Arbitration Centre in accordance with the Arbitration and Conciliation Act, 1996 and Delhi International Arbitration Centre (Arbitration Proceedings) Rules, 2018. The said rules are available online at http://www.dacdelhi.org/topics.aspx?mid=74. If You are required to pay a filing fee to commence an arbitration against BLADE, then BLADE will promptly reimburse You for Your confirmed payment of the filing fee upon BLADE receipt of Notice at the Arbitration Notice Address that You have commenced arbitration along with a receipt evidencing payment of the filing fee, or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
• Arbitration Proceeding The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and BLADE agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the Parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the Parties or witnesses unless otherwise mutually agreed in writing by the Parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
• No Class Actions. You and BLADE agree that You and BLADE may bring claims against the other only in Your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, You agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this mandatory arbitration section will be null and void.
• Decision of the Arbitrator Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of India in conducting the arbitration. (b) Equitable Relief The foregoing provisions of this Dispute Resolution section do not apply to any claim in which BLADE seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this EULA by BLADE or any third party, the damage or harm, if any, caused to You will not entitle You to seek injunctive or other equitable relief against BLADE, and Your only remedy will be for monetary damages, subject to the limitations of liability set forth in this EULA. (c) Claims You and BLADE agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this EULA or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred. (d) Improperly Filed Claims All claims You bring against BLADE must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, BLADE may recover attorneys' fees and costs up to INR [30,000.]/- (Indian Rupees Thirty Thousand Only only), provided that BLADE has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. (e) Modifications In the event that BLADE makes any future change to the Mandatory Arbitration provision (other than a change to BLADE's Arbitration Notice Address), You may reject any such change by sending Us written notice within thirty (30) days of the change to BLADE's Arbitration Notice Address, in which case Your account with BLADE and Your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments You reject, will survive the termination of this EULA. (f) Enforceability If only this Clause or the entirety of this Clause is found to be unenforceable, then the entirety of this Clause will be null and void and, in such case, the Parties agree that the exclusive jurisdiction and venue described in the subsequent Clause will govern any action arising out of or related to this EULA.
(xxix) Governing Law The laws of India shall govern this EULA and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the courts located in New Delhi, India and You hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
(xxx) Assignment You may not assign this EULA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of BLADE. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. BLADE may assign this EULA, including all its rights hereunder, without restriction.
(xxxi) Survival The provisions of the EULA that are intended to survive the termination of the EULA by their nature will survive the termination of the EULA, including, but not limited to, Clauses Titled: The Service, Your Use of the Service and Content, Third Party Software, Consent to Use of Data, Ownership, Feedback, Termination, Indemnity, No Warranty, Limitation of Liability, Third Party Disputes, Dispute Resolution, Governing Law, Assignment, Survival, Consent to Electronic Communications, Miscellaneous, and Contacting BLADE.
• These Terms of Service and the EULA may be amended unilaterally by the Company. Therefore, it is advisable that the users, end customers or Passengers be updated with the latest versions as available on the App or Site, as the case may be. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this EULA or any provision of this EULA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of clause headers in these Terms of Service and EULA is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this EULA is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between You and BLADE as a result of this EULA or use of the Service or under these Terms of Service. Fitness to Fly (i) By accepting these terms and conditions, you represent that you are medically fit to travel. This would warrant that you do not have any pre existing medical condition, unstable medical condition, a recent illness, injury, surgery or hospitalization, and infections, contagious or chronic disease, which would preclude you from taking up air travel. (ii) Person with any medical condition would require to produce a valid medical certificate dated no more than 7 days from the date of travel and sign a Limited Liability Statement upon check in confirming that they are fit to travel and personally indemnify BLADE for any loss or damage to the person’s health and life due to such medical condition. (iii) The medical conditions which would require the aforesaid certificate generally include chicken pox, measles, mumps, rubella, tuberculosis, whooping cough, a recent hospitalization, surgery etc. This would also include mental disorders (person going through any kind of psychiatric treatment), epilepsy etc. Please note that these are illustrative and not exhaustive instances. (iv) A pregnant woman passenger and infant who are less than three months old would also be required to produce certificate from a registered medical practitioner stating that passenger is in a fit condition to fly. A passenger who require wheel chair assistance and who require oxygen support on board is advised to make request by calling on Blade’s customer care helpline i.e. 18001025233, 72 hours before the negotiated and agreed departure of the flight. Blade reserves its right of refusal to board such passenger who require oxygen support depending on the consent of the operator and feasibility of such facility on its flight. Refusal of embarkation Passenger shall be refused carriage and / or removed from the aircraft when the pilot in command decides that: (i) Such action is necessary in the interest of the safety of the aircraft or its occupants; or (ii) The conduct or behaviour of the passenger makes him/her objectionable to other passengers; or (iii) The age or mental or physical condition of the passenger is such as to require special assistance during flight, which cannot be provided. (iv) Any passenger who appears to be under the influence of alcohol or drugs to the extent that the safety of the aircraft or its occupants is likely to be endangered, shall be refused embarkation. (v) Refusal of Embarkation for unruly passengers: Passengers travelling on flights are required to note that the acts listed below fall under the category of unruly behavior. a. Consuming alcoholic beverages or narcotic substances. b. Smoking in an aircraft. c. Disregarding the instructions of the pilot-in-command or crew and using abusive language or behaving in disorderly manner with crew members or other passengers. d. Endangering the safety of an aircraft and persons therein. e. Life-threatening behavior, which can include damage to aircraft operating systems, physical violence such as choking, eye gouging, murderous assault, attempted or actual breach of the flight crew compartment. (vi) Blade, basis the passenger’s conduct in flight or at the helipad, with the consent of Pilot in command reserves the right to prohibit a passenger from flying with Blade, till such time it may deem fit. Disclaimer “The information published on this Website may be incomplete or include inaccuracies or typographical errors. Blade does not represent or warrant that access to the Website will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on this Website. In no event shall Blade or Blade’s employees such as managers and other officials be liable for any direct, indirect, incidental, special or consequential damages arising out of or in any way connected with the use of this website or with the delay or inability to use this website, or for any information, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract or strict liability or otherwise. By using this website, you deem to have given information which is true and correct to your knowledge and belief. You owe all responsibility for the information provided and you hereby indemnify Blade for any loss and damage occurred due to any misinformation provided at your end”. A user/member is required not to host, display, upload, modify, publish, transmit, store, update, or share any information that belongs to another person and to which the user does not have a right. You can contact BLADE at [email protected] or India Call Centre number 18001025233