Terms of Service for End Users v2.0
This website ("Website") has been set up and is currently managed and maintained by Flythegap Ltd, 24 North John Street, L2 9RP, Liverpool, UK (Company No. 09137626), and is currently hosted on the Amazon Web Services platform, in the EU (Ireland) Availability Zone.
Access, Registration, browsing and/or use of the Website ond products and services thereof entails full approval of these TOS and of any update thereof which users undertake to verify.
These TOS and any relationship between Flythegap Ltd and the Users of the Website is to be regulated according to the Italian Law. Any demand, claim or action between Flythegap Ltd and any User which can be directly or indirectly linked to access or use of the Website and of products or services thereof or anyway obtained through the Website is under the esclusive jurisdiction of the Tribunal of Milan which shall also have full jurisdiction with reference to claims, demands or action pertaining to enforcement, validity and interpretation of these TOS. Notwithstanding the above, Flythegap Ltd, should it decide to raise any such claim, demand or action, shall be entitled at its own full discretion to refer the case to the jurisdiction of the defendant, or of one of the defendants. Should a different Court not ascertain its competence validly waived and be bound to apply a set of rules different from the one chosen by the parties to these TOS, any liability limitation as set forth hereunder shall be applied in the broadest terms possible according to applicable law.
Should any provision of these TOS be judged invalid or unenforceable, they shall be noetheless remain fully applicable for the remainder and shall be supplemented in such a way to realize the spirit and intentions of these TOS in accordance to the other valid provisions of the TOS themselves.
Any waiver to these TOS or any further amendment thereof shall be deemed valid only if executed in writing. Any delayed or waived enforcement of any provision of these TOS shall not be construed as waiver of the rights granted by the TOS themselves.
Consent from Flythegap Ltd to such access is granted under the condition that such personal data are true, corect and updated. Continued consent to said access is under the condition that personal data are expeditely updated should they require amendment. Access is not allowed to consumers; any access or use of the Website by consumers is to be considered ultimately unauthorized and against the will of the owner.
Unless otherwise specified, any reference to Flythegap Ltd shall not be construed as a contractual proposal, nor a public offering of goods and/or services by Flythegap Ltd, nor shall be in any way to be construed as binding for Flythegap Ltd.
Unless otherwise provided for, Users are not allowed to commercially profit from the Website and/or the web pages thereof (e.g., no copying, amendment, duplication, distribution or sale of the contents of the Website is allowed).
Users do acknowledge that any IP rights as granted by applicable law, e.g. copyright, know-how, projects, patents, trade secrets, designs and all the rights pertaining to the Website and the contents thereof are held by the respective owner(s) who may license such rights from time to time . Unless otherwise provided for any license, be it implicit or otherwise, is expressly excluded.
Users shall be directly liable towards third parties for any breach of said third parties' rights with reference to contents of the Website. Users shall also hold Corrado Primer and his employees, parties, counsels harmless of any prejudice he might suffer from such breach.
Any data or information pertaining to products and/or services originating from third parties shall in no event be linked to Flythegap Ltd which in turn does not guarantee – to the broadest extent permitted by applicable law - their content and accuracy.
Users do acknowledge that any use of products and/or services provided by or through the Website is at their own risk. Any product or service – including the Website itself - is provided on an "as-is" and "as-available" basis. Flythegap Ltd is therefore exempted – to the broadest extent permitted by applicable law – from any liability thereof. In particular Flythegap Ltd does not provide any guarantee that products and/or services provided by or through the Website will be suitable for Users' needs and that they shall be uninterrupted, affordable, safe and error-free, nor that they do not pose any danger for the Users; moreover, Flythegap Ltd does not provide any guarantee to Users with reference to obtained, required or hoped for results which shall derive from use of such products and/or services.
While Flythegap Ltd does not undertake in any way to carry out any control or verification, be it pre-emptive or subsequent, on the content as above, it nonetheless reserves the right – to the broadest extent permitted by applicable law – to remove at its own discretion any such content, even if provided by third parties or Users themselves. Such removal shall not entail any liability for Flythegap Ltd nor shall be construed as breach, to the broadest extent permitted by applicable law.
The Website provides hypertextual links to other websites or other Internet resources. Users do acknowledge and accept that Flythegap Ltd shall in no event be held responsible or liable for such links, be it their accuracy, being up-to-date or content thereof.
Flythegap Ltd is not bound to, nor it does, control the content of linked websites amd therefore is not liable for the content provided through said websites. Products and services promoted or otherwise offered through third parties' websites are not sponsored, endorsed or supported by Flythegap Ltd unless otherwise stated by the same and therefore End Users shall be solely liable for purchase and use of said products/services.
Flythegap Ltd reserves any right to amend from time to time the current TOS, providing a progressive release number to any new version. Any Access to the Website or use of the same requires the careful perusal of the TOS which are applicable at the time of the access/use. The burden of proof of applicability of more favourable TOS at the time of access/us rests solely on the Users.