Sunwing Application Terms and Conditions
By installing and/or using the Application (as defined below), you agree to be bound by these terms and conditions (“Terms”). Please review them carefully. If you do not agree with these Terms, then you should stop using this Application immediately.
The “Application” shall mean the software provided by Sunwing Vacations Inc. (“Sunwing”) to offer services related to Sunwing’s travel products and services and its partners’ products and services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
Please be advised that as the Application is not password protected if your mobile device is left “unlocked” someone may be able to view the Application. By using the Application you acknowledge that it is your sole responsibility to ensure the privacy of your device and the information contained therein.
4. Proprietary Rights and Licence
All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code and other Material (collectively “Materials”) are owned directly by Sunwing or by Sunwing’s licensors. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Sunwing’s express permission.
Subject to the limitations herein, Sunwing hereby grants you a worldwide, non-exclusive, royalty-free revocable licence to use the Application for your personal use in accordance with these Terms.
5. Conditions of Use
5.1 You will not, nor allow third parties on your behalf to: (i) make and distribute copies of the Application; or (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application of any kind whatsoever.
5.2 The Application is currently made available to you free of charge for your own personal use. The Application must not be used for any commercial purpose whatsoever or for any illegal or unauthorized use.
5.3 You agree not to attempt to gain unauthorized access to the Application or any networks, servers or computer systems connected to the Application.
5.4 Sunwing reserves the right to amend or withdraw the Application, or charge for the Application or service provided to you in accordance with these Terms, at any time and for any reason.
5.5 You acknowledge that the terms of agreement with your respective cell phone carrier or internet service provider (“Internet Service Provider”) will continue to apply when using the Application. As a result, you may be charged by the Internet Service Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
5.6 If you are not the bill payer for the cell phone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
5.7 You agree to indemnify Sunwing and its affiliates in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Application otherwise than in accordance with these Terms or applicable laws.
6.1 This application is available to handheld mobile devices running Apples iOS and Android OS Operating Systems. Sunwing will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside Sunwing’ reasonable control.
6.2 Sunwing does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being available.
6.3 Sunwing will not be responsible for any support or maintenance for the Application.
6.4 The version of the Application software may be upgraded from time to time to add support for new functions and services.
7. Outbound Calling Features
7.1 The free calling feature of the Application may only be used if you have a valid Sunwing booking.
7.2 Subject to Section 7.1, free calls may be placed only to telephone numbers located in the cities identified at the following webpage: http://www.fongo.com/calling/free/, Northwest Territories, Canada (area code 867), Alaska, USA (area code 907), Hawaii, USA (area code 808), and most landlines in Denmark, France, Germany, Greece, Hungary, Ireland, Italy, Netherlands, Norway, Poland, Portugal, Russia, Spain, Sweden, Switzerland, Turkey, UK and Mexico.
7.3 The Application provides no emergency calling (for example, 911 calling) functionality.
7.4 Outgoing calls only may be placed using the Application.
7.5 No telephone number shall be assigned to you.
8. Link to Third Parties
The Application may contain links to websites operated by third parties (“Third Party Websites“). Sunwing does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
9. Advertisers in the Application
We accept no responsibility for advertisements contained within the Application. If you agree to purchase goods and/or services from any third party who advertises in the Application, you do so at your own risk. The advertiser, not Sunwing, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
10. Service Suspension
Sunwing reserves the right to suspend or cease providing any services relating to the Applications published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
11.1 Sunwing may terminate use of the Application at any time without notice of termination to you.
11.2 Upon any termination: (a) the rights and licenses granted to you herein shall terminate; and (b) you must cease all use of the Software.
12. Limitation of Liability
12.1 In no event shall Sunwing, its affiliates, licensors, contractors or agents be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
12.2 In no event shall Sunwing, its affiliates, licensors, contractors or agents to you for any damage or injury to you or damage, injury or alteration to your equipment including but not limited to computer equipment, handheld device or cellular phone as a result of the installation or use of the Application.
13. Compliance with Laws
In using the Application you agree to comply with all applicable laws, and acknowledge that failure to so comply may result in the termination of your use of the Application. For greater certainty, you agree not to use the Application for any criminal or unlawful purpose or conduct.
14. Disclaimer of Warranties
Use of the Application is at your own risk. The Application and software are provided “as is” and “as available” without warranty of any kind. To the maximum extent permitted by law, Sunwing hereby disclaims all implied warranties with regard to the Application (whether implied by statute, common law or otherwise including, without limitation, any warranty, representation, condition or term as to accuracy, completeness, satisfactory quality, performance, fitness for purposes or any special purpose, availability, non-infringement, interoperability, quiet enjoyment and title are, as between Sunwing and you, hereby excluded.
15.1 These Terms (as amended from time to time) constitute the entire agreement between you and Sunwing concerning your use of the Application.
15.2 Sunwing reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the Application to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Application.
15.3 This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable herein and each of the parties hereby irrevocably attorns to the jurisdiction of the Courts of the Province of Ontario.