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TERMS OF USE FOR DIALMYPLANE

Welcome to DialMyPlane Dream Charters (OPC) Private Limited, an enabling website and platform that assists customers, users and all other visitors in discovering, exploring and booking aircraft charter services. 

Our Services consist of providing access to information on available aircraft and charter options, assisting Users in identifying most suitable choices based on their travel needs and preferences, facilitating the submission and transmission of booking requests, enabling communication and coordination with owners of aircrafts, independent third-party charter operators, agents, and service providers (“Operators”) and coordinate communication to ensure transparency on pricing and availability, and offering such other ancillary services (“Services”). 

IT IS THE SOLE RESPONSIBILITY OF THE OPERATORS TO PROVIDE AIR CHARTER SERVICES, WHICH MAY BE AVAILED THROUGH THE USE OF OUR WEBSITE OR SERVICES. WE OPERATE SOLELY AS A FACILITATOR AND INTERMEDIARY AND DO NOT OWN, OPERATE, OR CONTROL ANY AIRCRAFT AND THE PROVISION OF AIR CHARTER SERVICES RESTS ENTIRELY WITH THE OPERATORS.

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SERVICES OFFERED BY DIALMYPLANE DREAM CHARTERS (OPC) PRIVATE LIMITED IS SUBJECT TO YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS AND CONDITIONS.

It is essential to acknowledge that these terms of use (“Terms”), constitute a legally binding agreement between You and DialMyPlane Dream Charters (OPC) Private Limited (“Company”,  “We”, “Us”  or “Our”), a company registered under the laws of India, having its registered office at 106/1, Lakeshore Homes, Kasavanahalli, Carmelram, Bangalore, Karnataka - 560035. The words “You”, “Your”, or the “User” refer to any individual/ customers/ user(s) or any other visitors who access the website to avail Services.

By accessing, registering on, or otherwise using the website and Services, You confirm that You have read, understood, and agree expressly to be bound by these Terms. Please do not use the website and/or its Services if You do not agree to these Terms.

While using the website, You may be subject to additional guidelines or rules, as required by law or deemed necessary by us to maintain industry standards. Such guidelines or rules, when introduced, shall be considered incorporated into these Terms by reference.

Please carefully go through these Terms and the Privacy Policy available at _______________  (“Privacy Policy”) before You decide to access or use the website. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and the Company in connection with your access and use of the website and Services.

This document is an electronic record in accordance with the Information Technology Act, 2000 and Applicable Laws, and does not require any physical or digital signatures. The term ‘Applicable Laws’ shall mean all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, policies, directions, directives, and orders that are in effect as of the date hereof, or as may be amended, modified, enacted, or revoked from time to time hereafter, or any other governmental restrictions or similar forms of decision or determination by any government, statutory authority, tribunal, board, or court having jurisdiction over the matter in question. 

Services available to You on the Website 

We operate solely as an enabling technology platform that facilitates and assists Users in discovering, exploring and booking aircraft charter Services. Our platform allows Users to explore a wide range of charter services, select the suitable services and have an efficient experience. 

Our role is limited to offering information and assisting in identifying the most suitable air charter according to the requirements of the Users. The Company does not provide any warranty, claim or assurance regarding the performance, quality, safety, timelines, availability of the aircraft or Services offered by the Operators. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

We do not handle or offer any payment services, and all payment processing and transactions are directly managed and controlled by the Operators. We are not responsible in any manner for any errors/frauds/disputes arising due to such payment transactions. The website does not store or process any financial data of its Users.

Our Services empower Users to access reliable information, enhance decision-making, and simplify their engagement with multiple Operators in a collaborative and convenient digital environment. We grant You a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the website and Services as outlined in these Terms. To uphold this grant of rights, we reserve the right to implement relevant technologies or processes including security upgrades, from time to time, as deemed necessary by Us.

Amendment to these Terms

The Company reserves the right to modify the Services and/or amend these Terms, without prior notice, at its sole discretion, from time to time. You acknowledge and agree that it is Your responsibility to review these Terms from time to time and to familiarize yourself with any modifications. Such revised Terms shall be applicable to You, as and when the updated Terms are posted and Your continued use of the website and the Services shall be deemed to be Your acceptance of such amendments to the Terms.

Eligibility

You represent and warrant that if You are an individual, You are of legal age and competent to contract as per Applicable Laws in India and You have the requisite authority to enter into this Agreement and bind yourself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. You may not use this website or Service if You are not competent to contract under the Indian Contract Act, 1872 or are disqualified from doing so by any other Applicable Laws, rule, or regulation currently in force.

Registration and User accounts

In order to avail the Services, You may provide the required details through the Contact Us form, calls from our representatives, or any other medium. You will be required to provide Your Name, Address, mobile number or other relevant details as may be sought from Us. By using our platform, You consent to the collection and use of Your personal information, which shall be governed in accordance with the terms of Our Privacy Policy. 

Obligations of the User

You acknowledge, agree and understand that We only seek to provide an enabling platform to assist Users in discovering, exploring and booking aircraft charter services. You agree that Your access to the Services is subject to the following restrictions:  

  1. Users must provide correct, complete, and updated personal and travel details when making booking requests;

  2. Users must follow all Applicable Laws, rules, government advisories, Operators instructions, and travel-related regulations, including but not limited to baggage limits, aerial photography rules, safety instructions, reporting/boarding times, security checks, and ID verification;

  3. Users are responsible for carrying all required travel documents (such as passports, visas, permits, licenses, and security clearances) as required by law, authorities, or Operators;

  4. Users must behave appropriately and avoid actions that cause discomfort, inconvenience, harm, or damage to the aircraft, crew, or other passengers. 

  5. You will not violate the Intellectual Property Rights (defined below) of the Company and/or any third-party in the use of the website and/or Services;

  6. You shall not misuse the website and/or Services for any fraudulent booking, speculative reservations, or any other unlawful purposes; 

  7. Users must not interfere with, damage, disable, or disrupt the website’s operations, nor obstruct other users’ access to it, including through hacking or malicious attacks;

  8. You will not decompile, reverse engineer, or disassemble the website /technology and/or modify, delete, remove any content on the website or any logo, copyright, trademarks, disclaimers or other proprietary notices from the Company; 

  9. You will not attempt to access the website and/or Services by any means other than the interfaces provided by the Company; such as using deep links, robots, spiders, or any similar manual or automated processes that would circumvent the security/navigational structure of the website and/or Services, or attempt to obtain materials or information through unauthorised means;

Failure to comply with these obligations may result in the suspension, termination, or restriction of Your access to the Services, and may lead to legal consequences if deemed necessary by the Company.

Data Security and Privacy

We are committed to ensuring the confidentiality, integrity, and security of all data collected and processed through this website and Service. We have implemented stringent security measures to safeguard your personal data from any unauthorized access or misuse. These measures include encryption, secure data storage, and access control mechanisms to protect the confidentiality of your information. Our security practices are aligned with and governed by our Privacy Policy and any updates made thereof to ensure that your data remains secure in accordance with the highest standards. 

Ownership of Intellectual Property

We own all rights, title, and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent, and other proprietary rights (collectively referred to as “Intellectual Property Rights”) in and to the website and Services therein, the present or future modifications/upgradations thereof and standard enhancements thereto. The display of any Intellectual Property Rights on the website Services does not grant You permission to use or exploit them in any way. Any unauthorised use of Intellectual Property Rights that may infringe Our Intellectual Property Rights could lead to legal action.

You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, reverse engineer or create derivative works of the website and/or Services and its contents, in whole or in part, by any means. You acknowledge and agree that accessing or using the website does not transfer any ownership or rights in any manner to the User. The Company and its affiliates, subsidiaries, and licensors retain all rights to this content. Unless explicitly permitted in these Terms, You are not allowed to download, copy, modify, distribute, share, or create derivative works based on any of Our content (except for Your own User Content).

If You believe any material on the website or Services violates any intellectual property under the Applicable Laws, please contact Us at ___________________. After reviewing the claim, We may remove the content in question and take further actions as necessary.

Disclaimer and Exclusion of Warranties 

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING  USER CONTENT, COMPANY CONTENT, THIRD-PARTY CONTENT, DATA, MATERIALS, AND ALL OTHER MATERIALS CONTAINED OR PRESENTED ON THIS WEBSITE ARE AVAILABLE ON AN “AS-IS” BASIS WITH NO IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, COMPATIBILITY,  OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING THE SERVICES. 

ALSO, WE DON’T GUARANTEE THE AVAILABILITY, QUALITY, SAFETY, PUNCTUALITY, PERFORMANCE OF ANY FLIGHT SERVICES, AIRCRAFT OR RELATED SERVICES PROVIDED BY THE OPERATORS. ALL SUCH SERVCES ARE DIRECTLY OFFERED BY THE OPERATORS AND DIALMYPLANE ACTS SOLELY AS AN INTERMEDIARY PLATFORM. ANY OBLIGATIONS, WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE FLIGHTS, OPERATIONS OR RELATED SERVICES IS EXCLUSIVELY BY THE RESPECTIVE OPERATORS.  

Indemnification and Limitation of Liability

You agree to indemnify and hold harmless the Company, its affiliates, and their officers, directors, agents, and employees from and against any and all losses, claims, damages, liabilities, costs or expenses (including legal fees) arising from: 

  1. Information that You share with Us; 

  2. Violation by You of any rights of any other person in connection with the Services; 

  3. Infringement of any third-party intellectual property or other proprietary rights, including publicity and privacy rights; 

  4. Any breach of the Terms of this Agreement; 

  5. Any breach or violation of Applicable Laws and regulations in the country from where You are accessing the website;  

  6. Any breach of representation and warranties made in relation to the Services; 

  7. Any unauthorised, improper, illegal or impermissible use of Your account by any person, including any third-party, whether or not authorised or permitted by You.


 IN NO EVENT, SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS/REVENUES, LOSS OF USE, DATA OR MONETARY LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR THE SERVICES OR ANY CONTENT OR MATERIAL THEREIN, CLAIMS FOR DEFICIENCY  IN SERVICES /DELAYED DELIVERY, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF THE COMPANY HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, COMPANY’S AGGREGATE MONETARY LIABILITY FOR THE SERVICES ON THE WEBSITE SHALL BE LIMITED TO INR 100. IF THE LAW OF YOUR JURISDICTION DOES NOT PERMIT EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH JURISDICTION. 

THIS, ABOVEMENTIONED CLAUSE, SHALL SURVIVE TERMINATION OR EXPIRY OF THESE TERMS.

Violation and Termination

We reserve the right to suspend or terminate Your use of the Services without notice, at the Our sole discretion, if You violate any of the Terms of this Agreement and/or Applicable Laws. The Company reserves the right to discontinue the Services provided at any time for any reason whatsoever.

Governing Law and Jurisdiction

This Agreement, including any disputes or claims arising out of or in connection with them, will be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. In the event of any dispute, claim, or controversy arising out of or in connection with these Terms, the parties agree to first attempt to resolve the matter amicably through mutual discussions in good faith. You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Bengaluru, Karnataka, India.

Miscellaneous

Insurance: It is the sole responsibility of the Operator to obtain and maintain any liability insurance coverage for the Services. DialMyPlane shall not be liable for any claims, losses, damages, costs or expenses arising out of or in connection with the Operator’s Services. 

Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid nationally recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party’s address as set forth above. 

Assignment: You may not assign or sub-license, without the prior written consent of the Company, Your rights, duties, or obligations under this Agreement, in whole or in part, to any person or entity. However, this Agreement may be freely transferred, assigned, or delegated by the Company.

No Waiver: You agree that no term or provision under these Terms will be deemed waived. No failure or delay on the part of the Company in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof. 

Severability: If any provision of this Agreement is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.

Force Majeure Event: The Company  shall not be liable to You for its failure to perform or for delay in providing You access to any Services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, unforeseeable governmental restrictions or controls or a failure by a third-party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system/device.

Survival: If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement which shall be given full force and effect.

Contact Us & Grievance Redressal

If You have questions, feedback, or suggestions, contact Us at _____. For any complaints related to this Agreement, You can reach out to Our Grievance Officer, __________at _____.

Your complaint will be acknowledged within 4 working days, and We aim to resolve it within 7 working days. Please provide User details, a description of the issue, and any other relevant information to help Us address Your concern effectively.