Terms & Conditions

This page (along with the documents and pages referred to) advises you of the Terms of Use which you agree to when using www.k9jets.com. You agree to only use this Site for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this Site by any third party.

By using this Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our Site.

We recommend that you print a copy of these Terms for future reference.

We are registered in England and Wales as a Limited Company under Company No. 14254677 and have our Registered Office at Grosvenor House, 11 St Pauls Square, Birmingham, United Kingdom, B3 1RB. To contact us, please email – fly@k9jets.com.

These Terms of Use also include our Privacy Policy and Cookie Policy which can be found on the Site.

K9 JETS is a UK registered trademark. You are not permitted to use this without our prior written approval which may be withheld at our sole discretion.

Revision to these Terms

We amend these Terms or the Website from at our sole discretion at any time. Such amendment or modification to be effective upon posting or publication of an updated version of these Terms of Use on the Application. Every time you wish to use our Website, please check these Terms to ensure you understand the Terms that apply at that time.

Use of Material on our Site

This Website contains material which is owned by or licensed to K9 JETS and/or its partners/affiliates. This material includes but is not limited to, the design, layout, appearance, content and graphics. Reproduction is prohibited other than in accordance with the permissions given. All rights are reserved by K9 JETS.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use only, and you may draw the attention of others within your organisation to content posted on our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

The acknowledgement must be given to the source of the content from our Site. You must not use any part of the content from the Site for commercial purposes without obtaining prior written consent from K9 JETS to do so, which may be withheld at its sole discretion.

Any breach of these Terms of Use will result in K9 JETS immediately restricting your use of the Site.

This Site may include information and materials uploaded by other users of the Site to platforms such as, but not limited to, social media pages, video-sharing Websites, bulletin boards and chat rooms. These uploads represent views by other users of our Site only and have not been verified or approved by K9 JETS.

Linking to and from www.k9jets.com

Where our Site contains links to other third-party Websites and resources, these links are provided for your information only. We have no control over the contents of those Sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our website. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them.

We do not accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from our site. Disclaimer and Indemnification

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable Terms and Conditions and that they comply with them.

By entering into these Terms of Use, you agree that you shall defend, indemnify and hold K9 JETS, its affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Website, or (c) your use or misuse of the Website.

We don’t accept liability for loss or damage incurred by users of the Website, whether direct, indirect, or consequential, whether caused by tort, breach of contract or otherwise, in connection with our Site, its use, the inability to use, or results of the use of our Site, any Websites linked to it and any materials posted on it.

This does not affect our liability for death or personal injury arising from our gross negligence, nor our liability for fraudulent misrepresentation or negligent misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

We reserve the right, without prior notice, at any time to remove or disable access to the site at our sole discretion where we believe a violation of these terms of use has occurred.

K9 JETS Affiliate Programme Terms and Conditions / Agreement

Promotional Content

1. The Affiliate is authorised on a non-exclusive basis to promote the services of K9 Jets.

• K9 Jets agrees to provide the Affiliate with promotional content for the purposes of promoting their services. Use of the promotional content is subject to the restrictions of this Agreement and K9 Jets can object to any use of content if it deems the use to be inappropriate or inaccurate or for any other reason in its absolute discretion at any time during the Term of this Agreement or after termination of this Agreement.

• Each Party retains sole and exclusive ownership and control over its own website and social media and any other marketing tools and is solely responsible for maintaining and updating its own website and social media as required by law and all applicable regulations and statues and industry requirements.

• Social media posts made by the Affiliate must be submitted by the Affiliate to K9 Jets to review and to approve or refuse approval (in its sole discretion) at least 48 hours before they are due to go live.

Tracking and Reporting of Conversions

1. K9 Jets will provide the Affiliate with relevant periodic reports of data relating to completed seat bookings made through the Affiliate’s unique link.

• K9 Jets will use and implement tracking mechanisms in order to accurately track conversions (seat bookings) made through the Affiliate’s unique link.

• In performance of its obligations under this Agreement, the Affiliate will comply with all applicable laws and regulations, including but not limited to consumer protection and unfair trading regulations, Sanctions, Bribery and Anti-Corruption regulations and undertakes it shall not engage or associate in any way with any illegal or fraudulent activities. The Affiliate acknowledges that any editorial content about services must be accompanied by a prominent statement that the affiliate is being paid to promote the services.

• The Affiliate undertakes that it shall, and shall ensure that any person associated with it shall comply with all applicable laws, regulations and codes relating to anti-bribery and anti-corruption, and shall promptly report to K9 Jets any request or demand for any undue financial or other advantage of any kind received in connection with the performance of this Agreement and remains liable at all times from any breach of this clause with the obtaining or retention of business from the content of the Affiliate as per this Agreement.

• The Affiliate undertakes and covenants that at all times they will comply with the requirements of the Data Protection Act 2018 in respect of recording End User’s details or obtaining or making use of email addresses.

• Affiliate covenants and warrants that its site, content or social media does not:
  • promote sexually explicit materials;
  • promote violence;
  • promote animal cruelty;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • promote any illegal activities; or
  • incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law.

Payments

1. K9 Jets will pay the Affiliate a fee equal to % of commission for seat booking made. The fee is inclusive of any VAT payable by K9 Jets to the Affiliate. Approval and acceptance of any Converted Lead (seat booking) shall be at K9 Jet’s sole discretion, and K9 Jets may reject any such Converted Lead or any acceptance for any reason.
   
2. Payments will be made within 12 days after the flight having taken place and completed.

Limited Licence

• The Affiliate must not alter or permit alteration of, or remove or modify or permit removal or modification of, any of promotional content, or other identifying marks placed by K9 Jets without it’s prior written approval (which may be withheld at K9 Jets sole discretion). The Affiliate acknowledges that the promotional content, services, any underlying intellectual property, and any related goodwill are the sole and exclusive property of K9 Jets at all times. The Affiliate must not, during the term of this Agreement and afterwards, challenge or assist others to challenge the promotional content or its registration or attempt to register any trademarks, service marks, marks, trade names or domain names that are in any way confusingly similar to the promotional content.

• The Affiliate agrees that it will cease using the promotional content immediately upon request, and this license terminates automatically when this Agreement terminates and no further remedies are available to the Affiliate.

Termination

1. A party can terminate the Agreement for any reason by giving the other 7 days’ notice.
2. A party can terminate the Agreement immediately by giving written notice to the other party if that other party:
   1. does not pay any sum due to it under the Agreement within 30 days of the due date for payment;
   1. commits a material breach of the Agreement (which, if capable of remedy, it fails to remedy within 30 days after being given written notice specifying full particulars of the breach and requiring it to be remedied;
   1. persistently breaches any term of the Agreement;
   1. is dissolved, ceases to conduct substantially all of its business or becomes unable to pay its debts as they fall due;
   1. is a company over any of whose assets or property a receiver is appointed;
   1. makes any voluntary arrangement with its creditors or (if a company) becomes subject to an administration order (within the meaning of the Insolvency Act 1986); or
   1. (if an individual or firm) has a bankruptcy order made against it or (if a company) goes into liquidation.
3. Termination of the Agreement does not affect either party’s rights (including rights to be paid) or remedies as at the date of termination. Other than as set out in the Agreement, neither party has any further obligation to the other under the Agreement after its termination.
4. On termination of the Agreement for any reason, the Affiliate must permanently remove all promotional content from its website and return it to K9 Jets.

Confidentiality

1. Each party will only use Confidential Information to perform its obligations under the Agreement and will not cause or allow the information to be disclosed except:
   1. where required by law, court order or any governmental or regulatory body;
   1. to any of its employees, officers, sub-contractors, representatives or advisers who need to know the information in order to discharge its obligations under the Agreement and agree only to use the information for that purpose and not to cause or allow disclosure of that information;
   1. where the information has become generally available to the public (other than as a result of disclosure in breach of the Agreement by the party or any of its employees, officers, sub-contractors, representatives or advisers);
   1. where the information was available or known to it on a non-confidential basis before being disclosed under the Agreement; or
   1. where the information was developed by or for it independently of the Agreement and is received by persons who are not the disclosing party.

Limitation of Liability

1. The Agreement constitutes the entire agreement between the parties and replaces all prior discussions, arrangements or agreements that might have taken place. All warranties, conditions and other terms implied by statute or common law are excluded from the Agreement to the fullest extent permitted by law, without in any way limiting or excluding liability for personal injury, fraud or fraudulent misrepresentation.
2. The total liability of K9 Jets to the Affiliate in relation to any event or series of related events is limited to the fees due upon completion of the required promotional content and a direct link to a completed booking by K9 Jets to the Affiliate under this Agreement.
3. No party will be liable to any other party under the Agreement (except where required by law) for any:
   1. special, indirect, consequential or pure economic loss, costs, damages, charges or expenses;
   1. loss or corruption of any data, information, database or software;
   1. loss of profits;
   1. loss of business;
   1. depletion of goodwill and/or similar losses;
   1. loss of anticipated savings.

Technical Support

1. K9 Jets will provide technical support to the Affiliate in relation to setting up and becoming part of the Affiliate programme.

Data Protection

1. Each party shall, at its own expense, ensure that it complies with and assists the other party to comply with the requirements of all legislation and regulatory requirements in force from time to time relating to the use of personal data, including (without limitation) the UK General Data Protection Regulation and any national implementing and supplementary laws, regulations and secondary legislation, including the Data Protection Act 2018. This clause is in addition to, and does not reduce, remove or replace, a party’s obligations arising from such requirements. The Affiliate must not sell or pass on any Converted Lead data to any third party.

General

1. No Party may assign, transfer, sub-contract or otherwise make over to any third party the benefit and/or burden of the Agreement without the prior written consent (not to be unreasonably withheld) of the other Party.
2. Both Parties and the signatories to this Agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
3. Affiliate is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Affiliate and K9 Jets.
4. The Contracts (Rights of Third Parties) Act 1999 does not apply to the Agreement and no third Party has any right to enforce or rely on any provision of the Agreement.
5. This Agreement sets forth the entire Agreement and understanding between the parties and no variation of this Agreement shall be effective unless agreed in writing by both parties. Any representation, statement, warranty or other undertaking whether made orally or written elsewhere which is not fully reflected in this Agreement is hereby excluded (including without limitation where such representations or statements were made negligently) provided always that this Clause shall not exclude or limit any liability or any right which any party may have in respect of pre-contractual statements made or given fraudulently.  All conditions, warranties of other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
6. If any court or competent authority finds that any provision (or part) of the Agreement is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement will not be affected.Any notice (other than in legal proceedings) to be delivered under the Agreement must be in writing and delivered by pre-paid first class post to or left by hand delivery at the other Party’s registered address or place of business, or sent by email to the email address notified by the other Party. Notices:
   1. sent by post will be deemed to have been received, where posted from and to addresses in the United Kingdom, on the second business day and, where posted from or to addresses outside the United Kingdom, on the tenth business day following the date of posting;
   1. delivered by hand will be deemed to have been received at the time the notice is left at the proper address; and
   1. sent by email will be deemed to have been received on the next business day after sending.

Governing Law and Jurisdiction

1. This Agreement will be governed by and interpreted according to English and Welsh law. All disputes and claims arising under the Agreement (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the English and Welsh courts.