ADVERTISERS TERMS​

Last updated Novermber 08, 2020

The information provided by Cruising Aviation (“we,” “us” or “our”) on https://www.cruisingaviation.com (the “Site”) is for general informational purposes only. Cruising Aviation's Advertisers program is referred to as the 'program'.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cruising Aviation ("Company", “we”, “us”, or “our”), concerning your involvement in our Advertisers Program. You agree that by accepting these terms, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM APPLYING AND YOU MUST NOT 'SUBMIT' THIS FORM.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the program after the date such revised Terms of Use are posted.

The program is intended for users who are at least 16 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to apply to the program. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

PROGRAM TERMS

To join the program you must be at least 16 years of age at the time of application. All applicants must own an active, aviation-related* social media channel on either/both Instagram or Facebook, that has at least 30,000 followers (or equivalent) and 9 visible posts. You will be required to display our products in at least 4 posts each month, tagging us and using the 'branded content tag' on each of these posts. You must also include a link to our social media property and website domain 'www.cruisingaviation.com' in the post's description.

As an advertiser, you will receive a maximum of 2 products of your choice (excluding our Champion Range) each month that you continue to promote us. You will be required to renew your application each month in order to continue advertising. If you fail to renew, your account will be terminated and you will be required to reapply in order to reactivate it.

OUR RIGHTS

After clicking submit on this form, we reserve the right to decline any application that does not satisfy these terms or requirements for the program. Cruising Aviation reserves the right to terminate any advertising account at any time if it fails to abide by these terms or requirements. There is no financial agreement between us and you (the advertiser), therefore, Cruising Aviation is not obliged to give any profits made by purchases as a result of your promotion to the advertiser (you).

YOUR RIGHTS

As an advertiser, you may promote our products in any way that generates a positive result on our site e.g. purchases. You are prohibited to promote our products in a negative manner. If you do, an adjudicator will review, and possibly terminate your advertiser account. You may not purchase products on behalf of someone else to advertise or misuse the program in any way. If you do, an adjudicator will review, and possibly terminate your advertiser account. You may purchase more than 2 products each month to advertise, however, you will not receive these free of charge and Cruising Aviation will not be able to refund these products in any circumstance.


GOVERNING LAW

These conditions are governed by and interpreted following the laws of the United Kingdom, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. Cruising Aviation and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England, which means that you may make a claim to defend your consumer protection rights in regards to these Conditions of Use in the United Kingdom, or in the EU country in which you reside.


DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Scarborough, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.


CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.


MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.


CONTACT US 

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at: 

Cruising Aviation
info@cruisingaviation.com