Terms of Service
Effective Date: September 23, 2019
This Website, www.jetfueltenders.com, is owned by BTsoft LLC, with registered DBA of “Jet Fuel Tenders” and hereinafter referred to as “JFT,” is a company duly established at 113 Barksdale Professional Center Newark, DE 19711 for the purpose of managing, operating and commercializing this Website worldwide.
The aim of this Website is to facilitate the airline jet fuel tender listing and bidding process by providing a platform through which the sharing of information and documents by parties involved in a Tender may be facilitated.
The use of this Website is offered to you by JFT conditioned upon your acceptance without variation of all the terms, conditions and notices set out in this Agreement.
Kindly read this Agreement carefully. In part consideration for accessing/using this Website in any way whatsoever, you agree to be bound by all the terms and conditions of this Agreement. In the event that you do not accept all of the terms and conditions in this Agreement please do not use this Website.
We, JFT, reserve the right to, at our sole discretion at any time and without prior notice: update, modify, change or otherwise vary the terms and conditions of this Agreement and your continued access and/or use of this Website means your acceptance of the updated or modified version of this Agreement. Please ensure that you return to this page periodically in order to review the most current version of this Agreement.
Now therefore, based on the above, JFT and you mutually agree as follows:
A. In this Agreement, the following words and expressions have the following meanings, unless they are inconsistent with the context;
Personal Information: means the Personal and Company Information provided by you for the creation of your Website account and subaccounts, such as but not limited to your name, company address, contact numbers and details, billing information and account and subaccount names/authorized users, as applicable;
Party/Parties: means JFT and/or yourself, as required by the context;
Material: means any records, data, information, document, questions, comments, suggestions, ideas, or similar content or other material that may be from time to time submitted to us or displayed on the Website;
JFT: means JFT, jetfueltenders.com and any other JFT subsidiaries and affiliates;
Tender: means a notice or other publication of requirements for specified goods or services listed on and managed through/on this Website and issued by a prospective purchaser of such goods or services in order to receive quotes/bids/offers from third party users of this Website;
Services: means the provision by this Website of access to:
Website content areas where users may initiate/generate Tenders;
Website content areas where users may passively or actively participate in Tenders, whether by submitting user-generated Material relating to such Tenders or by viewing/downloading/analyzing such user-generated Material, or otherwise;
Website content areas and Tender-specific or Tender-related forums or message boards where users may discuss with, ask questions from, or obtain answers from other users;
General information on Tenders including Website-compiled statistics; and
other services from time to time;
Website: means the jetfueltenders.com website;
B. The terms "you", "your", "yourself", "customer", "Customer, "user" and "User" refer to you, the person accessing and/or using this Website, whether natural or legal (as appropriate);
C. The terms "we", "us" and "our" refer to JFT;
D. Any reference to the Parties includes, where appropriate, their representatives as well;
E. Except where the context otherwise requires, words denoting the singular include the plural and vice versa; and
F. Article headings in this Agreement are inserted for convenience only and do not affect the construction of any provisions.
- The Preamble
The above Preamble and Interpretations shall at all times form integral parts of this Agreement.
- Services Provided
- You understand and recognize that this Website is intended to facilitate the Tender process by providing users with Website content areas where they may interact freely with other users.
- The Services are offered to you subject to your acceptance without variation of all terms and conditions of this Agreement.
- Please note that:
- a Website account shall be required for access to most Services provided by this Website;
- lack of a Website account will only entitle you to very limited access to this Website and to the Services on provided by it;
- JFT reserves the right to at its discretion accept or reject any application for a Website account;
- Verified buyers and sellers may use the Website to run tenders free of charge. Access to specific Services or Material may require additional fees over and above the basic free tender services provided by JFT for your Website account and/or any subaccounts; and
- special conditions may apply for access to specific Services or Material, particularly as regards to third-party software and/or Material.
- Use of the Website
- You recognize that certain Personal and Company Information shall be required from you in order to create a Website account.
- You recognize that submission of an application for the creation of a Website account, provision of requested Personal and Company Information and, where applicable, payment fees for any paid services, shall not automatically entitle you to a Website account or to access to any Services provided by this Website. We reserve the right to accept or reject applications for the creation of a Website account. In the event your application is not accepted by us, any fees paid to us shall be refunded in full.
- You must notify us immediately and as soon as possible of any non-authorized use of your Website account. Should we have reason to believe that the security of your Website account password may be threatened or otherwise compromised, we reserve the right to at our sole discretion block access to your Website account and notify you of such blockage or to take any other action we deem appropriate in this regard.
- We shall notify you of any changes we may from time to time make to the terms and conditions of this Agreement.
- In the event that you are not: (a) satisfied with the Services provided by this Website; (b) in agreement with any of the terms and conditions of this Agreement as they may from time to time be modified; or (c) in agreement with any of our policies or practices; then you recognize that your only remedy shall be to cancel your Website account and/or refrain from accessing this Website.
You represent and warrant that:
- you have the legal capacity and possess the legal authority required to create a binding and enforceable obligation;
- all information supplied by you on this Website is true, accurate, current and complete;
- you will only use this Website for yourself or for another person (whether legal or moral) on whose behalf you are duly authorized to act;
- you will only and at all times use this Website in good faith and for legitimate business purposes including: (a) acquiring information on Tenders displayed on this Website; (b) listing a Tender and inviting third parties to bid on such Tender, replying to and / or bidding on such Tender (c) providing Tender-related Material; (d) otherwise participating as a concerned party in a Tender; and/or (e) otherwise availing of the Services provided by this Website; and
- if you have a Website account, you will at all times ensure the safeguarding of your account information and you recognize that you will be completely and solely responsible for any use of your account by anyone other than yourself; and
- you recognize JFT’s retained right to, without incurring any liability at any time and for any reason including but not limited to violation of any terms of this Agreement, revoke accounts and/or otherwise deny access to this Website, the services offered by this Website or any portion thereof.
- General Terms Governing Use of the Website
You agree and undertake not to:
- take any action that imposes or may impose, at our discretion, an unreasonable or disproportionately large load on our systems and infrastructure or that may adversely affect our network or other customers;
- initiate any speculative, false or fraudulent Tenders, participate in any Tenders in any speculative, false or fraudulent manner or submit any speculative, false or fraudulent Material, or otherwise misuse or abuse of any Services provided on this Website;
- interfere in another user’s Tenders and transactions on this Website;
- access, monitor, duplicate, copy any Material, or add any features or services on this Website using any spider, robot, scraper, or similar data gathering and/or extraction tools, scripts or applications, or use/apply any other automated or manual means or process for any purpose whatsoever without our express written permission;
- violate any restrictions on this Website or bypass or circumvent any measures employed to limit, prevent or otherwise restrict access to all or any part of this Website;
- interfere or attempt to interfere with the proper working of this Website, activities conducted therein or our systems and infrastructure;
- decompile, reverse engineer, modify or disassemble any of the software in or associated with the Website, our systems and infrastructure;
- "deep-link" to any part of this Website for any purpose without our express written permission;
- "framing", "mirroring", using any framing or mirroring techniques, or otherwise incorporating any part of this Website into any other web site without our express written permission; and
For the purposes of this Article: (a) "deep-link" means a hyperlink on the Internet that points to a specific page or image on another website, instead of that website's main or home page; (b) "framing" means the organizing of a website into frames where each frame displays a different HTML document; and (c) "mirroring" means the copying of another Internet site.
- General Tender and Service Rules and Conditions
- You agree and undertake that you shall at all times comply with best practices in governance with regards to any Tender and the parties involved in such Tender or when otherwise dealing with third party users.
- You agree to fully abide by the terms of any Tender or other Services you elect to participate in on this Website, including but not limited to submitting any required Material as and when due and complying with any confidentiality obligations.
- You understand and recognize that any violation of such Tender terms, those of other Services or of the terms and conditions of this Agreement may result, without any liability on us, in: (a) cancellation of your listing or participation in the applicable Tender or other Service; (b) limitation, suspension, revocation or cancellation of your Website account; (c) your forfeiting any monies paid for such listing or participation or towards subscription to your Website account.
- Should you wish to report a violation of any Tender terms, those of other Services or of the terms and conditions of this Agreement please click on the "Contact Us" link on the Website and follow the appropriate instructions. Please ensure that you report a matter once only, as multiple reports referencing the same matter may significantly slow down an investigation.
- Specific Terms for Bidders
A bidding user may not Bid on a Tender:
- with no serious intention of creating a binding agreement and providing the goods and/or services set out in the Tender;
- when they do not meet any of the terms of the Tender;
- with the intention of disrupting a Tender; or
- where they are in any way affiliated with the Tender-listing or user.
- Specific Terms for Tenderers
A Tender-listing or Tender-generating user may not:
- list a Tender with no serious intention of creating a binding agreement and which is not an offer for provision by a bidding user of goods and/or services;
- take any action that may misrepresent their Tender, including but not limited to: (a) using names or other words; (b) creating a title; or (c) setting out terms; that are inappropriate for the Tender in question; or
- bid on their own Tender, or have a third-party user affiliated in any way with the Tender-listing user bid on their tender.
- Proprietary Information
The Material on this Website, as well as the software, systems and infrastructure used to provide such Material is proprietary to us or to the relevant user(s) who has/have submitted such Material. While you may be authorized to make limited copies of certain Material, you agree and warrant that you shall not modify, or otherwise copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any Material, software or services obtained through or from this Website without the express prior written approval of the owner/owners of such Material, software or services.
- Information Provided by You
- As a user of the Website, you acknowledge and agree that:
- JFT may store your contact information and contact you by email or phone.
- You may cancel your account at any time. Once your account is cancelled, it will be immediately locked and a representative from JFT will manually remove your account data.
- we take and assume no responsibility or liability whatsoever for any Material whatsoever submitted by you to us or this Website, including but not limited to your Personal Information. In the event of criminal actions such as data mining, hacking, or SQL injections, JFT is NOT responsible for the integrity of the data and at no time will you consider JFT liable for such criminal actions.
- You acknowledge and agree that we have no obligation to post or otherwise display any Material submitted by you and we reserve the right to at our absolute discretion determine which submissions are posted, displayed or otherwise published on our Website. Furthermore, you acknowledge and agree that we may at any time exercise any of our rights to remove or delete from the Website on any of your submissions without prior notice to you. Should you not agree to these terms and conditions, kindly refrain from submitting any Material.
- You grant us the right to take legal and any other action which we in our sole discretion deem appropriate against any person that violates your or our rights in your submissions by a breach of this Agreement.
- You understand, acknowledge and agree that you:
- are fully responsible for the content of any Material submitted and posted by you and are responsible for keeping a complete and current copy of your Website files as a backup on a separate system (not solely on the Website. The Website provides exporting of most data and any data not exported may be copied or printed).
- are fully responsible for submitting and/or updating any Material as and when due or required for any Tender or other Services you elect to participate in;
- shall not transmit or post to us or this Website any material or content: (a) of a threatening, libelous, slanderous, harassing, defamatory, obscene, pornographic nature; (b) of an unsolicited or unauthorized commercial nature such as but not limited to advertising, marketing of any good or service or solicitation of funds; (c) that misappropriates, violates or otherwise infringes any intellectual property or other proprietary right of any third party, such as but not limited to, copyright, trademark, patent or design rights; (d) that would violate any public or private rights; or (e) which does or would violate any applicable law; and
- shall be solely liable for any liabilities, damages, claims or any other actions resulting from the above restrictions or from your posting any Material on this Website.
- Account Subscription and Fees
- The basic version of the Website, in which tenders may be generated, bid upon, and awarded as well as your creation and management of subaccounts for specific users is free. Additional services may be charged under an annual subscription and shall be automatically renewable on the same terms and conditions and for similar periods, unless either party provides notice to the other of their intention not to renew at least 30 business days prior to any renewal date.
- You acknowledge and agree that:
- annual subscription and other fees for paid services charged by JFT are to compensate us for the services provided by this Website;
- any fees for paid services quoted by JFT for your subscription to this Website must be paid in full in advance and are non-refundable;
- JFT reserves the right to from time to time modify or vary any fees charged by it for paid services. We shall notify you in advance to the email address you provided us as part of your Personal and Company Information in the event of variation of fees for your Website account, if any.
You understand, recognize and agree that:
- JFT may discontinue any Services provided on this Website or otherwise make improvements and/or changes on this Website at any time;
- the Material, software and Services published on this Website may include inaccuracies or errors, including pricing errors for any paid services. In particular, JFT does not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of any Material or Services displayed on this Website (including, without limitation, pricing, general descriptions of any Services, the contents of any Material, etc.). In addition, JFT expressly reserves the right to correct any pricing errors for paid services on the Website and/or on pending subscriptions or participations to Services made under an incorrect price. In such event, we will offer you the opportunity to keep your pending subscription or participation at the correct price or, at your option, we will cancel your subscription or participation;
- JFT has no duty or obligation to pre-screen submitted Material or other content, but we have the right to refuse to post or to edit such submissions. We expressly reserve the right to remove such submitted Material or other content at any time and for any reason, however neither we nor the other members of the JFT shall in any way be responsible or otherwise liable for any failure or delay to remove such Material or other content;
- JFT makes no guarantees about the availability or continued of specific Services or Material on this Website. You shall be solely responsible for the maintenance of all records, information, data, correspondence and other Material necessary for the reconstruction of your files or otherwise for the conduct of your business (JFT makes regular backups of internal system configurations and databases, but does not guarantee that to possess the most current copy of a user’s data in its own backups.);
- JFT makes no representations about the suitability of any Material, software or Services contained on this Website for any purpose, and the inclusion or offering of any Tender or Services on this Website does not constitute any endorsement or recommendation of such Services by the members of the JFT. Never assume that third parties are who they say they are, do what they say they do, know what they say they know, or are affiliated with whom they say they are affiliated with in any Tender, Tender message board or any other user-generated content area. Information thus obtained may not be reliable, and it is not a good idea to make any business decisions based solely or largely on information you are unable to confirm. All Material, software or Services are provided "as is", "with all faults" and "as available" without warranty of any kind, including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. Any reliance by you on any such Material, software or Services contained on this Website shall be at your sole risk;
- JFT takes all reasonable measures to ensure that this Website and its contents are secure, however JFT makes no guarantee that any Personal Information, Material, Tenders, communications or any transactions conducted online will be absolutely secure;
- JFT disclaims all warranties and conditions that this Website, its servers or any email sent from the members of the JFT are free of viruses or other harmful components;
- the third parties providing Material on this Website are independent from and not agents or employees of the members of the JFT and the members of the JFT are not liable for the acts, errors, omissions, representations, warranties, breaches of any obligations or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom;
- a Tender may be intended to create binding obligations on participants in the Tender; that generally any offer made on this Website by a user that is followed by acceptance from another user shall create a binding contract between the users concerned; that in listing or bidding on a Tender and otherwise while using this Website you may create binding obligations towards other users and/or otherwise enter into binding contracts with other users; and JFT shall in no way be construed to be a party to any contract or other arrangement you may have or make with any user of this Website;
- JFT has no liability and will make no refund in the event of any delay, cancellation, strike, acts of war, acts of terrorism, acts of God, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense resulting from, omissions, delays of or due to, or any acts of any government body or authority;
- in no event shall JFT be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Website or with the delay or inability to access, display or use this Website (including, but not limited to, your reliance upon opinions appearing on this web site; any computer viruses, information, software, linked sites, and services obtained through this Website; or otherwise arising out of the access to, display of or use of this Website) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if JFT has been advised by you of the possibility of such damages;
- you hereby irrevocably waive and release JFT from any and all claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to, legal and accounting costs) that you may at any time have and arising out of or in any way relating to the limitations of liability in this Article 12;
- if, despite the limitations of liability and waiver and release above, JFT is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then these liabilities will in no event exceed: (a) the fees paid by you for your subscription to this Website; and (b) the portion of the fees paid by you towards your participation in Tenders and/or for access to Tender-related Material and amounting to any facilitation fees retained by JFT; and
- the limitations of liability and waiver and release in this Article 12 reflect the allocation of risk between the Parties. The limitations and waiver and release specified in this Article 12 will survive and apply even if any limited remedy set out in these terms is found to have failed of its essential purpose. The limitations of liability and waiver and release provided in these terms inure to the benefit of JFT.
You agree to defend, indemnify and keep indemnified and hold harmless JFT and any of their officers, directors, employees, representatives and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature (including but not limited to, legal and accounting costs) raised or threatened by third parties as a result of: (a) your breach of this Agreement; (b) your use of this Website; or (c) your violation of any applicable law or the rights of a third party.
- Trademark Notice
"JFT", "Jetfueltenders" and "jetfueltenders.com" are trademarks of JFT. All copyright and trademark rights are reserved. If you know of an infringement of the above copyright or trademark rights, please let us know by emailing us at firstname.lastname@example.org. Please note that we shall only address mail regarding copyright and trademark infringement at this email address.
- It is our policy to strictly respect the privacy of all users of this Website.
- No information will be collected on your visits to this Website except to gather information about the Website collectively and to compile anonymous, aggregated statistics for the purposes of market research, reporting, and in order to allow us to understand how users use the Website and to help us improve its structure or the services it provides. You cannot be personally identified in this way.
- We will not disclose your Personal and Company Information to any third party unless: (a) you authorize us to do so; (b) in our sole discretion it is required to ensure the smooth operation of any Tender or other Service on this Website; (c) in our sole discretion we must do so in order to or to resolve technical problems on this Website; or (d) required to do so by law; (e) in the good-faith belief that such action is necessary to comply with the law or with legal process served on us, protect and defend our rights or property, or, in an emergency, to protect the safety of our users or the public.
- Please note that we may from time to time ask for information from you for market research purposes. The supply of such information is voluntary and you shall be under no obligation to supply such information.
- When you visit the Website we may send you a cookie. A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will generally contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, which is usually a randomly generated unique number. Cookies may be used as detailed in Article 15.3 above or to help us recognize you as a unique visitor (in the form of a number) when you return to the Website. Two types of cookies may be used on the Website: (a) session cookies, which are temporary cookies that remain in the cookie file of your browser until you leave the Website; and (b) persistent cookies, which remain in the cookie file of your browser for longer (how long depends on the "lifetime" of the specific cookie).
- You have the ability to accept or decline cookies by modifying the settings in your browser. However, please note that you may not be able to use all the features of the Website if cookies are disabled.
- Relationship between the Parties
You agree that no joint venture, partnership, agency, sponsorship or employment relationship exists or is created between you and any of the members of the JFT as a result of this Agreement or use of this Website and that the only relationship that exists is one of provision of services between you and JFT, with the latter as service provider.
- Governing Law
This Agreement shall be governed by the laws of the state of Delaware, USA.
The Courts of Delaware shall be exclusively competent to hear and settle any dispute that arises between the Parties out of or in connection with this Agreement and that is not resolved amicably by the Parties. Please note that you are hereby waiving any: (a) claims that you may otherwise have against us based on the laws of any other jurisdiction; and (b) arbitration proceedings, whether local or international.
Article 18.2 above shall not affect or limit the right of JFT to take any legal action deemed appropriate in any other jurisdiction, nor shall the taking of legal action in any jurisdiction preclude the members of the JFT from taking any legal action they deem appropriate in any other jurisdiction whether concurrently or otherwise.
If any provision of this Agreement is found invalid or illegal, the remainder of this Agreement shall continue to be binding on the Parties and shall be construed as if the invalid or illegal provision had been deleted from this Agreement. The Parties shall use all reasonable efforts to agree any substitute provisions for the invalid or illegal provision having, as close as practicable, the same commercial effect.
- Entire Agreement
This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and concurrent oral statements and prior agreements in writing with respect thereto. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Parties hereto recognize and acknowledge that this Agreement has been prepared in English. In the event that it is translated into another language and there arising any ambiguity or doubt as regards interpretation of a particular clause in the other language or in case of conflict between the other language and the English, the English version shall be consulted for clarification.
- Reservation of Rights
Any rights not expressly granted to the user in this Agreement are reserved.