Terms of Service

Terms of Service


Here's what you're agreeing to by accessing or using Skywingtravel LLC.'s websites and its related mobile apps (collectively, the "Skywingtravel LLC Service" or “Service”):

The Skywingtravel LLC Service is owned and operated by Skywingtravel LLC. ("Skywingtravel LLC," or "we"). These Terms of Service are a binding legal agreement between you and Skywingtravel LLC regarding your use of the Skywingtravel LLC Service. If you do not accept these Terms of Service, do not use the Skywingtravel LLC Service.

We reserve the right to modify or replace these Terms of Service at any time and in our sole discretion. When we do, we will update the last revised date at the top of the Terms of Service. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Terms of Service). It is your responsibility to regularly check the Skywingtravel LLC website to determine if there have been changes. Your continued use of the Skywingtravel LLC Service following the posting of any changes to the Terms of Service will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Skywingtravel LLC Service. Stopping your use of the Skywingtravel LLC Service will be your sole recourse for any objection to such changes.

Important Note: If you are a user located in the United States, these Terms of Service contain an arbitration provision and class action waiver, which affects your rights under these Terms of Service and with respect to any dispute you may have with Skywingtravel LLC. You may opt out of the binding individual arbitration and class action waiver as provided below.



Your Responsibilities


The Skywingtravel LLC Service is for people trying to find travel information for themselves, their families, their coworkers, and their friends, and Skywingtravel LLC grants you a limited, non-exclusive, non-sublicensable, non-transferable, personal and revocable right to use the Service for those purposes subject to and in accordance with our Terms of Service. You represent that all information you supply on the Service is true, accurate, current and complete. If you book travel found on Skywingtravel LLC on another person's behalf, you represent that you are authorized to make that booking, and you agree to inform that person about all terms, conditions, rules, and restrictions applicable to that booking. Without separate, written permission from Skywingtravel LLC in advance, you may not: (i) reuse or "scrape" Skywingtravel LLC's data for use in another service or website, (ii) attempt to circumvent any controls or limitations Skywingtravel LLC places on your ability to access Skywingtravel LLC or information on the Skywingtravel LLC Service, including by means of robot exclusion headers, (iii) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Skywingtravel LLC Service or otherwise interfering with the proper function of the website, (iv) "frame," "mirror," or otherwise incorporate any part of the Skywingtravel LLC Service into any other website or service, or (v) take any action that imposes, or may impose (as determined at our discretion), an unreasonable or disproportionately large load on the Skywingtravel LLC Service.

If you are a travel agent, you may not use Skywingtravel LLC to find information and then book travel found on Skywingtravel LLC through another website or service. If you are using Skywingtravel LLC for personal use, you may choose to book your travel elsewhere (although we'd certainly prefer if you used the links we provide!).Please note that you shall be responsible for any acts or omissions by anyone using or having access to your account.



Indemnification


You agree to indemnify and hold harmless Skywingtravel LLC, its affiliates, and its and their employees, contractors, suppliers, licensors and other partners, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Skywingtravel LLC Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any information in your account or that you otherwise make available to Skywingtravel LLC or any third party partner of Skywingtravel LLC.



Skywingtravel LLC Intellectual Property


The Skywingtravel LLC Service, and all information, data and other content and materials available on the Skywingtravel LLC Service, including, but not limited to, the Skywingtravel LLC logo and all designs, text, documents, graphics, software, sounds files, other files and the selection and arrangement thereof are the proprietary property of Skywingtravel LLC and its suppliers and licensors and are protected by India and international intellectual property laws. Except as expressly granted herein, Skywingtravel LLC, its affiliates, its suppliers and licensors reserve all right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials.

Skywingtravel LLC and the Skywingtravel LLC logo are trademarks of Skywingtravel LLC, and may not be copied or used, in whole or in part, without the prior written permission of Skywingtravel LLC. All other trademarks, product names and company names or logos mentioned on the Skywingtravel LLC website are property of their respective owners. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.



User Content


You are responsible for any content or material that you submit, upload or otherwise make available on, through or in connection with the Service such as user reviews and information that you publicly display in an account profile (“User Content”). You have full responsibility for User Content, including its legality, reliability and appropriateness and will be solely liable for any damage or harm resulting from your User Content. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content. You hereby grant to Skywingtravel LLC a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute your User Content in any form, medium or distribution method now known or hereafter existing, known or developed, and authorize others to do the same.



Communications


By using the Service, you agree to receive certain communications in connection with the Service. For example, you may receive email notifications of new discounts or summaries of your travel itineraries.



Pre-Release Services and Feedback


Subject to these Terms of Service, Skywingtravel LLC may make beta and other pre- release services, and related documentation, materials, and information (collectively, the "Pre-Release Services") available to you from time to time for the purpose of providing Skywingtravel LLC with feedback on the quality and usability of the Pre-Release Services. You understand and agree that your use of the Pre-Release Services is solely for testing and evaluation purposes in connection with the Skywingtravel LLC Service and not for any commercial purposes. You acknowledge that Skywingtravel LLC has no express or implied obligation to announce or make available a commercial version of the Pre-Release Services to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Services.

Please note that if you send to us any comments, suggestions or recommendations regarding the Skywingtravel LLC Service, including but not limited to the Pre-Release Services, (“Feedback“ ) you hereby assign to us all rights, title and interest in and to the Feedback. Accordingly, your Feedback will not be subject to any obligation of confidentiality and we will not be liable to you for any use or disclosure of any Feedback. Also, we will be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.



Disclaimer of Warranties


THE Skywingtravel LLC SERVICE AND ANY PRE-RELEASE SERVICES ARE OFFERED "AS IS". WE DON'T GUARANTEE THE QUALITY, QUANTITY, COMPLETENESS, ACCURACY, AVAILABILITY, OR SPEED OF THE Skywingtravel LLC SERVICE AND ANY PRE-RELEASE SERVICES, OR MAKE ANY OTHER REPRESENTATION ABOUT THE INFORMATION WE DISPLAY, INCLUDING BUT NOT LIMITED TO: PRICES, SCHEDULES, FARES, PHOTOGRAPHS, SEAT AVAILABILITY, AIRCRAFT TYPES, AIRLINE NAMES, FREQUENT FLYER MILE EARNING, HOTEL AMENITIES, HOTEL RATINGS, OR THE HELP WE PROVIDE VIA LIVE CHAT OR EMAIL.

Skywingtravel LLC AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND—EXPRESS OR IMPLIED—INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Skywingtravel LLC DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR ANY EMAIL OR OTHER COMMUNICATION SENT FROM Skywingtravel LLC IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Skywingtravel LLC WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.



Limitation of Liability


IN EXCHANGE FOR Skywingtravel LLC'S PROVISION OF THE Skywingtravel LLC SERVICE TO YOU, YOU AGREE THAT Skywingtravel LLC IS ENTITLED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO THE LIMITATION OF LIABILITY SET FORTH HEREIN.

IN NO EVENT WILL Skywingtravel LLC—OR ITS LICENSORS OR SUPPLIERS—BE LIABLE FOR ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE Skywingtravel LLC SERVICE, ON ANY THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO ANY CLAIM FOR: (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, SUCH AS DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF Skywingtravel LLC OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES); (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY AMOUNTS PAID BY YOU TO ANY OF Skywingtravel LLC'S BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO OUR DATA PROVIDERS AND THE SITES TO WHICH WE LINK. IN NO EVENT WILL Skywingtravel LLC BE LIABLE TO YOU FOR ANY MORE THAN THE TOTAL AMOUNTS YOU HAVE PAID TO Skywingtravel LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

Skywingtravel LLC SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE Skywingtravel LLC SERVICE, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE Skywingtravel LLC SERVICE, OR SERVICES, PRODUCTS OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE Skywingtravel LLC SERVICE. (OF PARTICULAR IMPORTANCE, THIS MEANS WE ARE NOT RESPONSIBLE IF YOUR FLIGHT, TRAIN, OR OTHER TRAVEL IS DELAYED OR CANCELED, OR IF YOUR HOTEL RESERVATION IS ALTERED OR CANCELED.) THE INCLUSION, RECEPTION, OFFERING, OR ADVERTISING OF ANY SERVICES OR PRODUCTS THROUGH OR ON THE Skywingtravel LLC SERVICE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH SERVICES OR PRODUCTS BY Skywingtravel LLC.

EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS OF SERVICE DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. Skywingtravel LLC’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The Skywingtravel LLC Service is controlled and offered by Skywingtravel LLC in the India. Skywingtravel LLC makes no representations that the Skywingtravel LLC Service is appropriate or available for use in other locations. Those who access or use the Skywingtravel LLC Service from other jurisdictions do so at their own risk and are responsible for compliance with local law.

As you may notice, the Skywingtravel LLC Service may contain links to third party products, services and/or websites. We don't have any control over these third parties, and we are not responsible for their performance. We also don't endorse them, and are not responsible for their terms, their privacy, data security, or other practices, or their content, advertising, or other materials they may provide to you. Your security when using these third parties is your responsibility.

You may integrate various functionalities from other services, such as Microsoft Outlook and Google Calendar, with the Skywingtravel LLC service. If you choose to integrate another service's functionality with Skywingtravel LLC, you understand that that service's terms and conditions are what govern your relationship with that service, not these Terms of Service.

You also may interact with the Hello Skywingtravel LLC Virtual Travel Agent via a third party service, such as Facebook Messenger or Slack. Again, you understand that your relationships with those third-party services are governed by the terms of service for those services, not these Terms of Service, and that we are not responsible for these third parties' privacy, data security, or other practices, or their content, advertising, or other materials they may provide to you.



Modifications to the Skywingtravel LLC Service


We're continually working on the Skywingtravel LLC Service, so from time to time we may modify, discontinue, or restrict, temporarily or permanently, portions or all of the Skywingtravel LLC Service. We may do this without notifying you. We reserve our right to make these changes for any reason or no reason at all. We also reserve our right to terminate your license to use the Skywingtravel LLC Service, and to block, restrict or prevent your future access to or use of the Service. Again, we may do this without notice to you, and for any or no reason. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance or restriction of the Skywingtravel LLC Service.



Customer Service


If you have any problems using the Skywingtravel LLC Service, we're sorry! Our customer support representatives at [email protected] LLC.com are ready to assist you. To help resolve your issue, the customer service representative who's assisting you may log in to the Skywingtravel LLC Service under your username, but only with your permission and only for the duration of the customer service session. Customer service representatives don't know your account password, and you don't need to provide it in order for them to help you.

You may also choose to contact our Virtual Travel Agent on a third-party messenger service to receive immediate responses to your questions from our Virtual Travel Agent.



Ability to Accept Terms of Service


You affirm that (i) you are 13 years of age or older, (ii) if you are the age of majority in your jurisdiction or over, that you have read, understood, and accept to be bound by the Terms, and (iii) if you are between 13 and the age of majority in your jurisdiction, that your legal guardian has reviewed and agrees to these Terms of Service. Skywingtravel LLC is not intended for or directed to persons under the age of 13 and we do not knowingly collect personal information from children under the age of 13.



Termination


If you connect to the Skywingtravel LLC Service using your Facebook or Google account, you may disconnect your account from the Skywingtravel LLC Service at any time.

Skywingtravel LLC may terminate your access to the Skywingtravel LLC Service at any time, for any reason with or without notice to you. The provisions of these Terms of Service that are intended by their nature to survive the termination of your relationship with Skywingtravel LLC will survive such termination, including, but not limited to, those Sections entitled Your Responsibilities, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Payments, Privacy Policy, Integration and Severability, Governing Law, Additional Provisions for United States Users - Arbitration; Class Action Waiver, and Arbitration Agreement, respectively.



Integration and Severability


These Terms of Service, constitute the entire agreement between you and Skywingtravel LLC with respect to your use of the Skywingtravel LLC Service, and supersede any prior or contemporaneous agreement between you and Skywingtravel LLC. These Terms of Service create no third party beneficiary rights. Should one or more provisions of these Terms of Service be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Service, which will therefore remain in full force and effect. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) of the Agreement in the future. You may not assign any of your rights under these Terms of Service, and any such attempt will be void. Skywingtravel LLC may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.



Governing Law


The Terms of Service, and all legal issues arising from or related to the Skywingtravel LLC Service, including any disputes in court or arbitration, shall be governed by and construed in accordance with the laws of the India without regard to that state's conflict of law provisions. Any judicial proceeding to resolve claims relating to these Terms of Service or the Skywingtravel LLC Service will be brought in the federal or state courts of King County, India, subject to the mandatory arbitration provisions below. Both you and Skywingtravel LLC consent to venue and personal jurisdiction in such courts. If you reside in a country with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

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