This Master User Agreement constitutes a binding contract between you, the User, and NetFaresHub.com with regard to the use of various services that are provided by NetFaresHub.com
Skyroute reserves the right to change the terms, conditions and notices under which the Services are offered through the Website, including but not limited to the charges for the Services provided through the Website. The User shall be responsible for regularly reviewing these terms and conditions.
Also, Skyroute is not the service provider and cannot therefore control or prevent changes in the published descriptions or oral representations, which are always based upon information provided by the service providers.
Neither shall Skyroute be responsible for the delay or inability to use the website or services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained from Skyroute, whether based on contract, tort, negligence, strict liability or otherwise. Further, Skyroute shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the services that may occur due to technical reasons or for any reason beyond Skyroute's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained from Skyroute is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or any other loss that results from such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
The maximum liability on part of Skyroute arising under any circumstances, in respect of any services availed, shall be limited up to a maximum of the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force within or outside Canada or prohibited by this Agreement and/or the TOS including both specific and implied. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
Skyroute reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Skyroute and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Skyroute and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Skyroute and its agents as their agent for this purpose.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Agreement, the TOS or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words "include", "includes" and "including" shall be deemed to be followed by the phrase "without limitation". Unless the context otherwise requires, the terms "herein", "hereof", "hereto", "hereunder" and words of similar import refer to this Agreement as a whole.
The User agrees to indemnify, defend and hold harmless Skyroute from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Skyroute that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the TOS.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
This agreement and each TOS shall be governed by and constructed in accordance with the laws of Canada without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Toronto, Ontario.