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September 26, 2017

Swoop - TERMS OF USE

PLEASE READ THE FOLLOWING CAREFULLY.

Legalese: While Swoop wants to be the airline you fly with because of our great prices and irreverent attitude, we still need to let you know about the legalities. This document sets out those terms and conditions (the "Agreement") under which Swoop ("we", "us", "our") allow you ("you", "your") to use our website ("Website"), whether you do so just to find out about us and our services or to carry out booking of travel services and other activities using the Website.

If you are visiting our Website as what we call a Visitor (see below for definitions), your use of the Website confirms that you agree to this Agreement. To access other services or parts of the Website, you may have to confirm that you have read, accepted and agreed to this Agreement by clicking on "Accept" or you will not be able to view or use those portions of the Website. THIS AGREEMENT LIMITS THE LIABILITY OF SWOOP, GRANTS YOU A LIMITED LICENSE AND GIVES SWOOP OWNERSHIP OF AND CONTROL OVER INFORMATION YOU PROVIDE. ALL PERSONAL INFORMATION PROVIDED BY INDIVIDUALS ALSO BECOMES SUBJECT TO SWOOP'S APPLICABLE PRIVACY POLICY.

Help and feedback

If you require assistance using Flyswoop.com, help in understanding the terms and provisions of this document, or you wish to provide us with feedback please call us 1- 888-937-8538.

Definitions

Many of the words and phrases in this Agreement have specific meanings so we have provided those for you to read:
  1. Who are you?

    Who you are makes a difference in how this Agreement affects you. You may visit or use the Website in different roles at different times as follows
    1. Visitor - a Visitor is anyone who visits the publicly available parts of our Website but who is not asked to click "accept". Visitors can access information from the Website's publicly available areas without telling us anything about themselves, but by using the Website Visitors still accept the terms and conditions of this Agreement. Visitors cannot access areas of the Website requiring a password, cannot book travel services, and cannot access the Data.
    2. Passenger - A Passenger is an individual traveling with Swoop, obtaining travel services from or through Swoop or any other entity, whether in connection with travel services from or through Swoop or otherwise. "Passengers" include individual Agents who book flights for themselves and also include the individuals with respect to whom an Agent makes travel arrangements. A Passenger may book their services personally and/or directly, or they may use an Agent to do so. A Passenger may access the Website as a Visitor on a different occasion without logging in. "Passenger" includes a client of a travel agent and an employee or other person with respect to whom an Agent makes travel arrangements. "Passenger" also includes any person who has an account with Swoop, or who is accessing the Website to view Data or other information about themselves or another individual on whose behalf they are authorized to act, such other information including travel itineraries.
    3. Agent - An Agent is any person who books travel services on behalf of another individual in any manner. You are an Agent if you fit within any of the following:
      • You are booking travel services on behalf of a friend, parent, child, spouse or other family member (but with respect to bookings you make for yourself, you are a Passenger); or
      • You are a travel agent, or you are an employee, officer, director, contractor or agent of a travel agent (unless you are an agent but booking your own arrangements, in which case you are a Passenger); or
      Please note that Swoop collects and archives your IP address to use and disclose for identification and legal purposes in the event of unauthorized use or misuse of a credit or payment card fraud related to an online booking.
  2. Other terms to know:

    1. "act on behalf of", or similar words, means to enter into contracts or agreements in the name of or on behalf of a Passenger, which must be with their knowledge, consent and authority (unless they are a minor and you are their parent or guardian and have the legal right to do so on their behalf), and includes making travel arrangements or bookings, contracting for the supply of wares or services and supplying personal information of a Passenger or other individual in connection with doing so.
    2. The "Data" means any and all records, documents, data and information related to travel arrangements and bookings for Passengers, including without limitation information with respect to all travel arrangements, itineraries and schedules, contact persons, holders of credit or debit cards, dates and times of flight arrival, airlines and flight numbers, arrival and departure dates and times, hotel, lodging, accommodation bookings and schedules, Personal Information related to Passengers and persons accompanying Passengers, bookings on other carriers, including airlines, buslines, limousines, chauffeurs, tour operators and similar service providers, rental car bookings, and related matters.
    3. "Personal Information" means all information about a Passenger, about you, or about any other identifiable individual, including, without limitation, name, date of birth, age, gender, travel arrangements, financial information, credit or debit card and billing information, health information, allergies, food preferences, seating preferences, height, weight, consumer type and any and all other information related to or that can be connected with an identifiable individual.

Purpose for access

You agree that the purpose for our providing you with access to the Website is to allow you to obtain information and (where applicable) upload, download, create, edit, modify, add to and delete from the Data for purposes reasonably connected to making, modifying, booking, viewing, checking and managing the travel plans, schedules, itineraries and arrangements of you and/or Passengers on behalf of whom you have the authority to do so, and in addition to generate and review reports on your activities, or those of Passengers you act on behalf of as may be permitted by Swoop from time to time. Once received by Swoop, the Data becomes part of a database, which Swoop owns. Any Personal Information in the Data will be collected, used and disclosed by Swoop pursuant to regulatory requirements or consent provided by you and the Swoop Privacy Policy.

Persons with special needs

Reservations for persons who may have special needs require extra qualifying information for Swoop to effectively meet our Passengers' needs. Please contact us to make a reservation of this nature. Swoop reserves the right, without liability, to cancel any reservation made through our website for a person with special needs or disabilities, if, in Swoop's sole discretion, reasonable accommodation in accordance with Swoop guidelines on the transportation of such Passengers, cannot be provided in respect of the reservation made.

Your warranty and representations to Swoop

You warrant and represent to Swoop as follows:
  1. Except where you are making your own travel arrangements, or where you act on behalf of a minor and are that minor's guardian or parent, you have the full and complete authority and consent of the Passenger to enter, upload, download, edit, modify, add to and delete from the Data with respect to the Passenger, including their Personal Information;
  2. If you act on behalf of an organization, whether a travel agency (on behalf of a Passenger) or otherwise on behalf of Passengers related to or of another organization, that organization has implemented a legally compliant privacy policy and appointed responsible individuals with respect to the collection, use and disclosure of personal information, including by you;
  3. By accessing the Website and/or adding to, deleting or modifying Data with respect to any Passenger, you are not breaching any contract, duty or law or infringing anyone's intellectual property, privacy or other legal rights;
  4. By selecting a consumer type when making your own travel arrangements, or where you act on behalf of another Passenger, you should be aware that the functionality available varies by the site selected, and,
  5. You are aware of the contents of this Agreement and agree to follow its terms and conditions.

Compliance with rules and regulations

You agree you will follow all the rules and regulations set by Swoop from time to time. Those rules and regulations are currently as set out in this Agreement, as well as in all applicable tariffs filed by Swoop. These rules and regulations will apply to use of any kind of the Website and access to the Data and will apply to you whether you are an Agent or a Passenger, or, as applicable, a Visitor.

You agree and confirm that:

  • you are at least 18 years of age
  • you possess the legal authority to enter into this agreement and to use the Swoop website in accordance with all of the terms and conditions contained in this Swoop website Reservations Agreement;

Your agreement

You agree that at all times:
  • Your access to this Website is for your use for the stated purposes in this Agreement only. You will not allow or provide access to this Website to any unauthorized person or any person under the full age of majority in your jurisdiction, unless such access is continuously supervised by you;
  • You are using this website solely to determine the availability of travel related goods and services and to make a legitimate reservation with Swoop.
  • If you are a bona fide Agent, as defined in this Agreement, your access to this Website is permitted solely for the purposes of carrying out your role as an Agent, and any access or use other than as permitted to an Agent is prohibited. You are permitted to access this Website and download copies of content from this Website for use within your own organization only to the extent reasonably required to fulfill your obligations to the other individual or individuals for whom you are booking travel services;
  • If you are a bona fide Visitor or a Guest, you are permitted to access this Website and download copies of content from this Website for non-commercial and personal use only;
  • You will select the consumer type appropriate to the person that will be travelling.
  • Relationship

    You agree that by using Swoop's website or by making a reservation, you and Swoop are not entering into:
    1. An employment relationship
    2. A business partnership or joint business venture;
    3. A consulting relationship; or
    4. A relationship where either of you act as each other's legal agent.

Withdrawal of access for cause

This agreement grants no rights, only privileges and permission. You agree that Swoop, in its absolute discretion, will be the sole judge of whether you have breached any provision of this Agreement and that any privileges or permission granted to you as an individual under this Agreement may be revoked, suspended or terminated by Swoop at any time without notice.

Waiver

You acknowledge that the Internet and websites accessed by you are inherently dangerous and subject to computer, system and network failure as well as nasty human activity. While Swoop will take such steps as are reasonable in the circumstances to maintain the security of this Website and the Data and your privacy and confidentiality with respect to information you provide, you agree that you use this Website completely at your own risk and that in no event shall Swoop be held liable for any loss or damages, however caused, except as expressly provided in this Agreement, even if caused by the negligence of Swoop.

Disclaimer

SWOOP DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT IT AND ITS SERVER OR SERVERS ARE OR WILL BE FREE OF COMPUTER VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CONTENT, DEVICES OR PROGRAMS. THIS WEBSITE AND ITS CONTENT AND MATERIAL, AND ACCESS TO THE DATA, ARE ALL PROVIDED ON AN "AS IS, WHERE IS", AND "AS AND WHEN AVAILABLE" BASIS WITHOUT ANY REPRESENTATIONS, GUARANTEES, CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY THE LAW, SWOOP DISCLAIMS ANY AND ALL CONDITIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE CONDITION OR WARRANTY OF MERCHANTABILITY AND THE CONDITION OR WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. SWOOP MAKES NO WARRANTY OR REPRESENTATION OF NON-INFRINGEMENT. SWOOP FURTHER MAKES NO WARRANTIES OR REPRESENTATIONS CONCERNING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DATA ACCESSED BY USE OF THE WEBSITE. Swoop strives to ensure information is accurate and current. However, we make no representations to you about the accuracy of the information contained on the Swoop website, or the reliability of the reservations services provided herein. This includes, without limitation, the availability of seating on any particular flight regarding fare class, flight number, price, departure and return dates and times, connecting flights and the like.

Limitation of damages

You further agree Swoop will not be liable to you for any damages you may suffer and that IN NO EVENT WILL SWOOP BE LIABLE FOR indirect, general, special, economic, consequential, EXEMPLARY or punitive damages resulting from the use of this Website, whether in tort, contract or any other cause of action, including without limitation, for loss of data, information or programs, or damage to computers or networks, or from breach of privacy and similar personal rights, or from infringement of intellectual property rights, OR FROM DEFAMATION, LIBEL OR SLANDER, or any other damages whatsoever, whether or not Swoop shall have been advised of the possibility of such damages. While Swoop will make reasonable commercial efforts to make the Data available on a reasonable basis, Swoop accepts no obligation to do so on any pre-agreed basis or at all. Swoop may interrupt access to the Data, or terminate access to the Data at any time, without notice or liability. Access to the Data shall in all cases be a privilege and not a right or proprietary interest of any kind. Subject to its privacy policies and applicable law, Swoop shall be free to modify, change, delete, and generally deal with the Data as it sees fit. Other parties may have access to the Data and can change, modify, amend or delete the Data. Swoop has no control over such third parties and no event will Swoop be liable for any reliance by you on the Data.

Further disclaimer of Swoop

While Swoop will make reasonable commercial efforts to make the Data available on a reasonable basis, Swoop accepts no obligation to do so on any pre-agreed basis or at all. Swoop may interrupt access to the Data, or terminate access to the Data at any time, without notice or liability. Access to the Data shall in all cases be a privilege and not a right or proprietary interest of any kind. Subject to its privacy policies and applicable law, Swoop shall be free to modify, change, delete, and generally deal with the Data as it sees fit. Other parties may have access to the Data and can change, modify, amend or delete the Data. Swoop has no control over such third parties and no event will Swoop be liable for any reliance by you on the Data.

Enforcement

Swoop's performance of its obligations under this agreement is subject to all applicable laws and regulatory requirements. Nothing contained in this agreement is in derogation of Swoop’s rights and obligations to comply with law enforcement requests or requirements relating to your use of the Swoop website or information provided to, or gathered by Swoop with respect to such use.

Evidence

Computer records stored in reasonably secure conditions by Swoop with respect to the Data, the Website and your access to them will be accepted as conclusive evidence of your conduct, communications and dealings with the Data and the Website. Computer records will be deemed to be stored in reasonably secure conditions if systematically recorded on a durable and inalterable medium, including a write-protected disk, tape, CD or DVD or similar medium, or, if upon an alterable medium, upon reasonable proof that such record has not been altered.

Injunctive and similar relief

You agree that any breach by you of this Agreement will not be fully compensable in damages and you therefore agree that Swoop shall be entitled to immediate equitable, injunctive and other similar relief against you without notice and without the necessity of proving damages or the likelihood of damages.

Indemnity

You agree to indemnify and save harmless Swoop for any damages sustained should you breach your warranties and representations or any term or condition of this Agreement.

Grant of limited license

Swoop grants to you a non-exclusive, limited and revocable license to download and view the Data and other content available on this Website on your computer for the purposes stated in this Agreement and no other purposes.

Non-assignment by you

You may not assign this Agreement. It is and shall remain personal to you.

Termination

Swoop may terminate this Agreement at any time with or without notice to you in its absolute discretion. You may not terminate this Agreement, which shall remain in force, with such provision, without limitation, to apply pursuant to any agreement between Swoop and, if you are an Agent, any organization you are employed with or on whose behalf you access the Data. However, you may advise Swoop that you wish your access account rendered inactive and we will do so.

Entire agreement

This is the entire agreement, contract and understanding between you and Swoop related to the Website.

Other sites

You agree that Swoop has no control over the content or performance of any website linked to or from this Website, that Swoop expresses no opinion concerning the content or performance of any such website, and that Swoop shall in no event be held liable or responsible for the content of any such website.

Governing law

This Agreement shall in all respects be governed by the laws of the Province of Alberta, Canada and the laws of Canada in effect in the said Province at the time. You agree that any and all disputes will be adjudicated only by the courts in the City of Calgary, Alberta, Canada. You expressly submit to and attorn to the exclusive jurisdiction of such courts, and you undertake and agree to bring no complaint and file no action in any other Court whatsoever. Nothing contained in this section shall prevent Swoop from commencing an action in any court of competent jurisdiction in order to seek damages and/or equitable relief against you for breach of this Agreement. Use of the Swoop website in any jurisdiction not giving effect to all provisions of these terms and conditions is unauthorized.

Severance and enurement

Should any portion or portions of this Agreement be held by a Court of competent jurisdiction to be unenforceable, then such portion or portions shall be severed from this Agreement, and the remaining portions of the Agreement shall be enforced. This Agreement shall enure to the benefit of the heirs, executors, administrators and permitted assigns of you and Swoop, including its subsidiaries and affiliates.

Copyright and trademark notices

All contents of the Swoop website are: Copyright ©2031973 Alberta Ltd. *Swoop ® is a registered trademark of 2031973 Alberta Ltd. Other trade-marks of third parties on the website are the property of such parties, used with permission. All rights are expressly reserved. AND This is the end of this Agreement. If you made it this far, congratulations! Thank you for your attention, and we hope to see you flying us soon.