Welcome to Farefetch! These Terms of Service ("Terms") apply to your access to and use of the website(s), mobile application(s) and other online products and services (collectively, "Services") provided by Preminger Technologies LLC, doing business as Farefetch ("Farefetch", "we", "us" or "our").
Our Services are designed to coordinate and facilitate the purchase of airline travel fares ("Fares") between individuals who wish to purchase Fares through the Services (each, a "Purchaser") and individuals and entities who wish to accept, process and fulfill airline fare requests from Purchasers (each, a "Farefetcher").
These Terms are separated into three parts. Part 1 sets forth terms applicable to Purchasers; Part 2 sets forth terms applicable to Farefetchers; and Part 3 sets forth general terms and conditions that are applicable to all users who access and use the Services.
By accessing or using the Services, you agree to these Terms. If you do not agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 3.10, do not access or use the Services.
PART 1: TERMS APPLICABLE TO PURCHASERS
1.1. Use of the Services by Purchasers
Purchasers may use the Services to submit fare requests for future airline travel (each, a "Fare Request") and to purchase Fares when a Fare Request is accepted and fulfilled by a Farefetcher.
Farefetch does not guarantee that all Fare Requests submitted through the Services will be fulfilled by a Farefetcher or, therefore, that Purchasers will be able to purchase Fares through the Services each time they submit a Fare Request. Purchasers may purchase Fares through the Services only when their Fare Requests are accepted and fulfilled by a Farefetcher as described in these Terms.
1.2. Purchasing Fares through the Services
- 1.2.1. Submission of Fare Requests
To submit a Fare Request through the Services, a Purchaser must create or have in place a valid and active Farefetch account and provide the following information (together with any other information requested through the Services at the time of Fare Request submission) regarding the airline travel that is covered by his or her Fare Request (the "Travel Information"): (a) the departure and arrival cities; (b) the dates and preferred time(s) of travel; (c) the type and number of Fares that the Purchaser wishes to purchase (including, as applicable and selected by the Purchaser, any preferred seating class, number of layovers, and layover duration and any non-preferred airlines); (d) the total amount that Purchaser agrees to pay for each Fare (the "Price Per Fare"); (e) information regarding the passengers who will be traveling using the Fares, up to a maximum of nine (9) different passengers per Fare Request (each, a "Passenger"), including each Passenger's legal name (as it appears on the Passenger's government-issued photo ID), gender and date of birth (collectively, the "Passenger Information"); and (f) a valid credit card, debit card or other payment method that the Purchaser would like to use for the purchase of the Fares associated with the Fare Request ("Payment Method").
Note that the Price Per Fare is the total amount that the Purchaser agrees to pay for each Fare in the Purchaser's Fare Request. The Price Per Fare includes the Farefetch Service Fee (defined below) and all applicable taxes for each Fare. However, the Price Per Fare does not include:
Baggage and other ancillary fees: Any baggage fees or other ancillary fees associated with the Fares or applicable to the Passenger using the Fare are the sole responsibility of the Purchaser or the Passenger, as applicable. Farefetch is not responsible or liable for any such fees. Farefetch encourages each Passenger to carefully review all airline terms and conditions (including any baggage fees and other ancillary fees) applicable to the purchased Fares or their travel itinerary prior to traveling.
Entry and exit fees: Certain countries may charge fees or other amounts for entering and/or exiting the country. If a Passenger is traveling internationally with a Fare purchased through the Services, the Passenger is solely responsible for all fees associated with his or her entry to and exit from each country in the Passenger's travel itinerary. Farefetch is not responsible or liable for any such fees or other amounts.
Note also that, when indicating desired departure and arrival cities in a Fare Request, Purchasers may have the option to choose a metro airport code listing (which may appear, for example, as “New York City, New York, United States - All Airports (NYC),” “NYC - New York City, New York, United States,” “NYC - All Airports” or some other format) which describes one or more airports located within a given geographical area as determined and established by Farefetch in its sole discretion (a "Metro Airport Code"). If a Purchaser chooses a Metro Airport Code for departure and/or arrival when submitting a Fare Request, the Fare Request may be fulfilled by a Fare that departs from any airport represented by Purchaser’s chosen departing Metro Airport Code and that arrives at any airport represented by Purchaser’s chosen arriving Metro Airport Code. Farefetch is not responsible or liable for any discrepancy or difference between its determination of the airports represented by a Metro Airport Code and any other listing of airports described in similar or identical metro airport codes used or provided by any third party. Under no circumstance will Farefetch be liable for any damages of any kind arising out of or related to any such discrepancy or difference.
When submitting a Fare Request, if a Purchaser indicates both (a) a preferred seating class above economy class, and (b) that one or more layovers are acceptable, then any fulfillment of that Fare Request will include the preferred seating class indicated for the longest flight between the city of origin and the final destination city. For all other flights between the city of origin and the final destination city, if the indicated preferred seating class cannot be obtained (e.g., the preferred seating class is not sold on the flight in question), the Fare Request may be fulfilled with the next highest seating class that can be obtained.
By submitting a Fare Request, the Purchaser (i) represents and warrants that all of the information provided in the Fare Request is accurate, current and complete; and (ii) consents to Farefetch's disclosure of some or all of the Travel Information to the Farefetchers in connection with and for purposes of reviewing, accepting and/or fulfilling the Purchaser's Fare Request.
- 1.2.2. Limited Fare Requests
Purchasers may submit only one Fare Request at a time through the Services. This means that once a Purchaser submits a Fare Request through the Services, such Purchaser cannot submit another Fare Request through the Services until the first Fare Request is fulfilled, expires or is cancelled by Farefetch.
- 1.2.3. Acceptance or Expiration of Fare Requests
Farefetch does not guarantee that all Fare Requests submitted through the Services will be accepted or fulfilled by a Farefetcher. Following a Purchaser's submission of a Fare Request through the Services, Farefetch will provide the Travel Information associated with the Fare Request to the Farefetchers.
Farefetch will endeavor to respond to each Fare Request within twenty-four (24) hours of the Purchaser's submission of such Fare Request. If a Fare Request is not accepted by any Farefetcher or otherwise cannot be fulfilled within twenty-four (24) hours after submission of the Fare Request, the Fare Request will be deemed expired and the Purchaser will be able to submit another Fare Request through the Services. In such case, Farefetch will endeavor to send the Purchaser a notification that the Fare Request cannot be fulfilled and that it has expired; however, the Fare Request will expire regardless of whether such notification is given. The Purchaser's Payment Method will not be charged for the Price Per Fare if the Fare Request is not accepted by a Farefetcher or otherwise expires without being fulfilled.
- 1.2.4. Price Per Fare
Farefetch does not guarantee that the Price Per Fare will be the lowest price available for each Fare. This means that the Price Per Fare may be higher than the face value of the purchased Fare. By submitting a Fare Request through the Services, the Purchaser understands and agrees that the Services provide the Purchaser with the opportunity to purchase Fares for an amount equal to the total amount of the Purchaser's Price Per Fare for each Fare set forth in the Fare Request and that the Price Per Fare may differ from the face value of each purchased Fare.
- 1.2.5. Payment and Billing Information
By providing the Payment Method in the Fare Request, the Purchaser represents and warrants that (a) the Purchaser is authorized to use the Payment Method and (b) the Purchaser authorizes Farefetch (or Farefetch's third-party payment processor) to (i) immediately upon receipt, take all necessary steps to confirm that the Payment Method is authorized and valid, such as by charging the Payment Method with a nominal amount that is reversed promptly, (ii) at such time as Farefetch determines that it is necessary in order to give a Farefetcher permission to attempt to fulfill the Fare Request under the Self-Booking Option (as defined in Section 2.5 below), authorize the Payment Method for the full amount of the Purchaser’s Price Per Fare for each Fare set forth in the Fare Request, and (iii) at such time as Farefetch determines that it has received all necessary information from the fulfilling Farefetcher to complete and finalize fulfillment of the Fare Request, charge the Payment Method for the total amount of the Purchaser's Price Per Fare for each Fare set forth in the Fare Request. If the Payment Method cannot be verified, is invalid or is otherwise not acceptable for any reason, the Fare Request may be suspended or cancelled automatically without any obligation or liability of any kind for Farefetch.
- 1.2.6. Delivery of Fare Confirmations; Managing Your Purchased Fares
Following fulfillment of the Fare Request and receipt of the Purchaser's payment for the Fares, Farefetch will endeavor to deliver an email to the Purchaser containing the confirmation information for the purchased Fares. Such confirmation information will include all information necessary for each Passenger to obtain a boarding pass from the applicable airline in accordance with such airline's online or in-person check-in procedures prior to or on the travel dates for the purchased Fares. Farefetch will have forty-eight (48) hours after delivering the confirmation information to the Purchaser to alert the Purchaser if, for any reason, the Fare becomes unavailable or is cancelled. In such event, Farefetch will not be liable to the Purchaser for any direct, indirect, consequential, exemplary, incidental, special or other damages for any such unavailability or cancellation or otherwise.
In no event will Farefetch be responsible for monitoring or notifying a Purchaser or any Passenger regarding any changes, modifications and/or issues impacting the purchased Fares (e.g., airline schedule changes, weather delays, travel advisories). The Purchaser and each of the Passengers are solely responsible for managing their purchased Fares and for ensuring that the applicable airline(s) can contact them in the event of an issue that may impact their purchased Fares.
- 1.2.7. No Modifications, Cancellations or Refunds
By submitting a Fare Request through the Services, the Purchaser agrees that:
- All Fare Requests submitted through the Services are final and non-cancellable and cannot be modified.
- Fares purchased through the Services are non-refundable and non-cancellable and cannot be modified or changed by Farefetch.
- The total amount charged to the Payment Method for the purchased Fares in accordance with these Terms is non-refundable.
Notwithstanding the foregoing, Farefetch may, in its sole discretion, issue full or partial refunds in limited circumstances and on a case-by-case basis in the event that there is an issue with the purchased Fares caused by the Farefetcher or Farefetch, but only if the Purchaser contacts Farefetch to report such issue within twenty-four (24) hours after the Passengers' completion of the applicable travel itinerary associated with the purchased Fare. If the Purchaser does not contact Farefetch to report such issue within this time period, the Purchaser irrevocably waives any right to request or receive a refund for such Fare from Farefetch and the Purchaser acknowledges and agrees that the purchased Fare will not be eligible for consideration for a refund by Farefetch under any circumstances.
Farefetch is not responsible or liable to the Purchaser for any changed or cancelled purchased Fares, including, but not limited to, any obligation to notify the Purchaser of such change or cancellation, even if Farefetch has been informed of the change or cancellation.
- 1.2.8. Errors
In the event of an error caused by Farefetch, whether via the Services, in the provision of Travel Information to the Farefetchers, when delivering confirmation information for the purchased Fares or otherwise, Farefetch reserves the right to correct the error and revise the Fare Request accordingly (including charging the correct total amount for the purchased Fares) or to cancel the Fare Request and refund any amount charged to the Payment Method. The Purchaser's sole remedy in the event of such an error is to request that Farefetch cancel the Fare Request and refund any amounts charged to the Payment Method.1.3. Travel Insurance
While Farefetch does not offer Purchasers or Passengers the option of purchasing travel insurance through the Services at this time, Farefetch recommends and encourages Passengers to consider purchasing a travel insurance policy that would cover their travel itineraries associated with their purchased Fares and would provide benefits to help Passengers address unexpected and/or unforeseen circumstances that may impact their travel.1.4. Additional Terms
The purchased Fares may be subject to additional terms and conditions imposed by parties other than Farefetch (such as by the airline for which the Fares are issued). The Purchaser will ensure that the Passengers comply with all additional terms applicable to the purchased Fares and to the Passengers' use of the purchased Fares.1.5. Entry and Exit Requirements
If the Passengers are traveling internationally with the purchased Fares, the Purchaser will ensure that the Passengers comply with all applicable domestic and foreign laws, rules and regulations, including all visa and other entry and exit requirements (collectively, "Applicable Law").1.6. Compliance with Applicable Law and Rules
The Purchaser represents and warrants that the Purchaser is and at all times will be, and will ensure that the Passengers are and at all times will be, in full compliance with these Terms, all Applicable Law and all other terms and conditions applicable to the Purchaser, the Purchaser's use of the Services, the purchased Fares and the Passengers' use of the purchased Fares, including all rules and requirements established from time to tome by the airline issuing the Fare.1.7. Questions; Reporting an Issue
- 1.7.1. General Questions that are Not Related to Travel
Purchasers and Passengers may submit questions regarding the Services and the purchased Fares by emailing us at email@example.com and including "Question" in the subject line of the applicable email. If the email relates to a specific Fare Request, the Purchaser and/or Passenger must also include the applicable Farefetch trip number for that Fare Request in the subject line of the email.
- 1.7.2. Questions Related to Travel
If the Purchaser or any Passenger has a question related to traveling with the purchased Fares or would like to determine whether any changes or modifications can be made to the purchased Fares, the Purchaser or Passenger, as applicable, must contact the airline for which the Fares were issued.
- 1.7.3. Reporting an Issue
Purchasers and Passengers may report issues with the Services or with purchased Fares by emailing us at firstname.lastname@example.org and including "Reporting an Issue" in the subject line of the applicable email. If the email relates to a specific Fare Request, the Purchaser and/or Passenger must also include the applicable Farefetch trip number for that Fare Request in the subject line of the email. In addition, all emails reporting an issue should include the following information: (a) the airline confirmation number for the purchased Fares; (b) the departure and arrival cities; (c) the dates of travel; (d) each Passenger's legal name (as submitted in the applicable Fare Request); and (e) the email address associated with the Purchaser's Farefetch account.
PART 2: TERMS APPLICABLE TO FARE FETCHERS
2.1. Use of the Services; Farefetch Service Fee; Farefetcher Fee
Farefetchers may use the Services to accept and fulfill Fare Requests from Purchasers. Farefetchers' use of the Services to fulfill Fare Requests will be subject to a service fee of 10% of the total amount due for the purchased Fares associated with a Fare Request (the "Farefetch Service Fee"). Farefetch deducts the Farefetch Service Fee from the Purchaser's Price Per Fare prior to providing the Travel Information associated with the Fare Request to the Farefetchers, and the resulting net amount is the total amount payable to the Farefetcher for fulfilling the associated Fare Request (the “Farefetcher Fee”). This means that the Farefetcher Fee specified in the Travel Information provided to the Farefetchers by Farefetch includes only that portion of the Price Per Fare (including all applicable taxes) that the Farefetcher would receive from Farefetch if the Farefetcher were to fulfill the Fare Request.2.2. Registration of Fare Fetchers
All individuals and entities wishing to be eligible to accept and fulfill Fare Requests from Purchasers through the Services must register with Farefetch and create and have in place a valid and active Farefetcher account by following the instructions set forth in these Terms and on the Services.2.3. Eligibility to Register as a Fare Fetcher
All Farefetchers must be 18 years of age or older. If you are not 18 years of age or older, you may not register with Farefetch as a Farefetcher. By registering with Farefetch as a Farefetcher, you represent and warrant that (a) you are 18 years of age or older; and (b) you have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party. If you are registering as a Farefetcher on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on that person's or entity’s behalf and that that person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.2.4. Distribution of Fare Requests; Fulfillment Proposal
From time to time, Farefetch may, but is not obligated to, notify Farefetchers of an opportunity to fulfill a Fare Request by delivering to Farefetchers with the notice such Travel Information associated with the Fare Request as Farefetch determines in its sole discretion to be necessary or appropriate for the Farefetchers to review and accept the Fare Request (“Notice of Opportunity”). Farefetchers will have eighteen (18) hours following Farefetch’s transmittal of the Notice of Opportunity to review the Travel Information and determine whether they are able to accept and fulfill the Fare Request associated with the Travel Information. Farefetchers may not use the Travel Information associated with a Fare Request for any purpose other than to determine whether the Farefetcher is able to accept and fulfill the Fare Request.
If a Farefetcher is able to accept and fulfill the Fare Request, the Farefetcher will confirm the Farefetcher's ability to fulfill the Fare Request by completing the verification and acceptance process accessed through the link provided in the Notice of Opportunity including by clicking on the button to accept the following statement: “I am willing and able to fulfill the Fare Request in accordance with the Farefetch Terms of Service”, within eighteen (18) hours following Farefetch's transmittal of the Notice of Opportunity associated with the Fare Request (a "Fulfillment Proposal"). Each Fulfillment Proposal must be completed by the Farefetcher in strict accordance with the verification and acceptance process instructions outlined in the Notice of Opportunity.
By submitting a Fulfillment Proposal to Farefetch, the Farefetcher represents and warrants that the Farefetcher is able to fulfill the Fare Request in accordance with these Terms.2.5. Selection Notifications from Farefetch; Booking Instruction Forms
If more than one Farefetcher provides Farefetch with a Fulfillment Proposal in response to Farefetch's Notice of Opportunity associated with a Fare Request, Farefetch will, in its sole discretion, select an initial Farefetcher to fulfill the Fare Request and will notify such Farefetcher in accordance with this section (note that, in these situations, Farefetch typically selects the first Farefetcher that provides a Fulfillment Proposal). Farefetch’s selection of a Farefetcher does not create any binding obligation on Farefetch, and Farefetch reserves the right in its sole discretion to withdraw its selection and select any other Farefetcher to fulfill the Fare Request without liability of any kind.
Farefetch will provide written confirmation of selection to the Farefetcher whose Fulfillment Proposal is selected by Farefetch (a "Selection Notification"). The Selection Notification will contain a link to an online form (the "Booking Instruction Form") that the Farefetcher must complete and submit to Farefetch within three (3) hours after the Selection Notification is sent to the Farefetcher in order for the Farefetcher to offer to fulfill the Fare Request. In the Booking Instruction Form, the Farefetcher will (a) provide all details, information and instructions that are requested by the Booking Instruction Form or are otherwise necessary to complete the fulfillment of the Fare Request, including, but not limited to, complete and sufficient details, information and instructions that will enable Farefetch to purchase and book the Fare(s) specified in the Fare Request (the “Purchase Instructions”), or (b) indicate and confirm that the Farefetcher will purchase and book the Fare(s) specified in the Fare Request directly (the “Self-Booking Option”).
In order for a Booking Instruction Form to be considered by Farefetch for acceptance, the Booking Instruction Form must be complete and accurate and be received by Farefetch within three (3) hours after the associated Selection Notification is sent to the Farefetcher. If a Farefetcher fails to submit a Booking Instruction Form that meets each of the foregoing requirements, or if the Booking Instruction Form is otherwise not acceptable to Farefetch, Farefetch may reject the Booking Instruction Form and issue a new Selection Notification to another Farefetcher who previously submitted a Fulfillment Proposal.2.6. Acceptance of Booking Instruction Forms; Purchase and Verification of Fares
- 2.6.1. Booking Instruction Forms With Purchase Instructions
If a Booking Instruction Form contains Purchase Instructions, and the Farefetcher has not selected the Self-Booking Option, Farefetch may accept the Farefetcher's offer to fulfill a Fare Request as set forth in the Booking Instruction Form by following the Purchase Instructions to purchase and book the Fare(s) specified in the Fare Request. The Farefetcher's fulfillment of the Fare Request is not complete until Farefetch is able to complete the purchase and booking of the requested Fare(s). If Farefetch is unable for any reason to purchase and book the requested Fare(s) based on the Purchase Instructions provided in the Booking Instruction Form, Farefetch may reject the Booking Instruction Form and issue a new Selection Notification to another Farefetcher who previously submitted a Fulfillment Proposal.
- 2.6.2. Booking Instruction Forms With Self-Booking Option
If a Booking Instruction Form contains a Self-Booking Option election, Farefetch may permit the Farefetcher to fulfill the Fare Request by providing the Farefetcher with Passenger Information associated with the Fare Request (as determined necessary by FareFetch in its sole discretion) so that the Farefetcher can fulfill the Fare Request. The Farefetcher may not use the Passenger Information for any purpose other than to fulfill the Fare Request.
Under the Self-Booking Option, the Farefetcher must complete fulfillment of the Fare Request within the three (3) hour period after the Selection Notification is sent to the Farefetcher. In order to complete fulfillment of the Fare Request, the Farefetcher must (a) fulfill the Fare Request and purchase the Fares associated with the Fare Request in accordance with these Terms, the Travel Information set forth in the Fare Request, Applicable Law and all other terms and conditions applicable to the Fares to be purchased; and (b) email Farefetch, with the Farefetch trip number in the subject line, all confirmation information for the purchased Fares (including all information necessary for each Passenger to obtain a boarding pass from the applicable airline in accordance with such airline's online or in-person check-in procedures prior to or on the travel dates for the purchased Fares) for review and verification by Farefetch. Further, the Farefetcher must deliver the actual ticket number for the purchased Fare associated with the Fare Request to Farefetch within forty-eight (48) hours after the Selection Notification is sent to the Farefetcher. If the Farefetcher does not complete all steps for fulfillment of the Fare Request and/or provide the actual ticket number within the applicable time period as specified in this section, the opportunity to fulfill the Fare Request will expire as to that Farefetcher and Farefetch may withdraw its Selection Notification without notice and without any liability to such Farefetcher.
Upon Farefetch's receipt of the confirmation information for the purchased Fares from the Farefetcher pursuant to this section, Farefetch will verify that the purchased Fares comply with the Travel Information set forth in the Fare Request. If the purchased Fares do not comply with the Travel Information set forth in the Fare Request, Farefetch may withdraw its Selection Notification without notice and without any liability to the Farefetcher and issue a new Selection Notification to another Farefetcher who previously submitted a Fulfillment Proposal; however, Farefetch may elect in its sole discretion to continue working with the initial Farefetcher until either (a) Farefetch verifies that the purchased Fares comply with the Travel Information set forth in the Fare Request or (b) twenty-four (24) hours elapse from the Purchaser's submission of the Fare Request, whichever occurs first. If twenty-four (24) hours elapse from the Purchaser's submission of the Fare Request and there remain any issues with the purchased Fares that have not been fully resolved, the parties' communications regarding the non-verified purchased Fares will terminate immediately and the Farefetcher will be solely responsible for all costs and liabilities associated with such non-verified purchased Fares.2.7. Delivery of Fares to Purchasers
Following Farefetch's verification, to its satisfaction and in its sole discretion, that each Fare specified in a Fare Request has been or can be purchased and booked and complies with the Travel Information set forth in the Fare Request, Farefetch will charge the Purchaser's Payment Method for the total amount of the Purchaser's Price Per Fare for each Fare set forth in the Fare Request and will deliver an email containing the confirmation information for the purchased Fares to the Purchaser.2.8. Payments to Fare Fetchers
- 2.8.1. Fare Requests Fulfilled Using Purchase Instructions
For each Fare Request fulfilled using Purchase Instructions provided by a Farefetcher in the Fulfillment Order Form, Farefetch will remit to the Farefetcher who fulfilled the Fare Request an amount equal to the Farefetcher Fee, as such amount is disclosed in the Travel Information provided to the Farefetchers and associated with the Fare Request for the purchased Fares, less any and all amounts expended by Farefetch to purchase and book the purchased Fare(s) using the Purchase Instructions provided by the Farefetcher in the Fulfillment Order Form, within approximately seven (7) days after Farefetch is able to complete the purchase, booking and verification of the requested Fare(s).
- 2.8.2. Fare Requests Fulfilled Using Self-Booking Option
For each Fare Request fulfilled by a Farefetcher using the Self-Booking Option, Farefetch will remit to the Farefetcher who fulfilled the Fare Request the full amount of the Farefetcher Fee, in the amount disclosed in the Travel Information provided to the Farefetchers and associated with the Fare Request for the purchased Fares, within approximately forty-eight (48) hours following the Passengers' completion of the applicable travel itinerary set forth in the Fare Request.
- 2.8.3. Payment Process
For all payments to be remitted by Farefetch to Farefetchers under this Section 2.8, Farefetch will remit payments via the Farefetcher’s PayPal account on file with Farefetch. In order for Farefetch to be able to remit such payments to the Farefetcher, the Farefetcher will provide Farefetch with all information requested through the Service regarding payment processing, including, but not limited to, email address associated with Farefetcher’s PayPal account and tax related information. The Farefetcher is responsible for any processing fees due to PayPal in accordance with PayPal’s then current policies.2.9. Confidentiality
All information provided by Farefetch to the Farefetchers constitutes the confidential information of Farefetch (collectively, "Confidential Information"). Each Farefetcher will not disclose any Confidential Information to any third party or use any Confidential Information except as specifically authorized by Farefetch in these Terms to perform the Farefetcher's obligations under these Terms. Each Farefetcher will place appropriate safeguards on its operating activities to ensure the protection of the Confidential Information. In the event a Farefetcher discovers any unauthorized use or disclosure of any Confidential Information, such Farefetcher will immediately provide written notice to Farefetch and will cooperate with Farefetch to regain possession of the Confidential Information and to prevent any further unauthorized use or disclosure. Following the completion of a Farefetcher's use of any Confidential Information pursuant to these Terms, such Farefetcher will promptly delete or destroy all such Confidential Information and, upon Farefetch's request, will certify in writing that it has fully complied with its obligations under this section.
Each Farefetcher agrees that its breach of this section may result in irreparable harm to Farefetch for which money damages would be inadequate. Accordingly, Farefetch will be entitled to seek immediate equitable and other provisional relief, including specific performance of these Terms and a temporary restraining order and/or preliminary and/or permanent injunction, as a remedy for such breach, in addition to all other remedies available to Farefetch at law or in equity and without prejudice to any such other remedies.2.10. Compliance with Applicable Law and Rules
Each Farefetcher represents and warrants that the Farefetcher is and at all times will be in full compliance with these Terms, all Applicable Law and all other terms and conditions applicable to the Farefetcher, the Farefetcher's use of the Services and the Fares purchased by the Farefetcher in fulfilling a Fare Request for a Purchaser pursuant to these Terms, including all terms and conditions imposed on any of the foregoing by the airline issuing the Fares and/or any other third party.2.11. Relationship of the Parties
Each Farefetcher understands and agrees that it is not an employee, agent, partner, subsidiary or affiliate of Farefetch. It will not hold itself out as an employee, agent, partner, subsidiary or affiliate of Farefetch and does not have the authority to bind Farefetch to any third-party obligations.
PART 3: GENERAL TERMS
3.1. Eligibility to Use the Services
The Services are not targeted toward, nor intended for use by, anyone under the age of 13. If you access or use the Services as a Purchaser or potential Purchaser and are between the ages of 13 and 18 (or between 13 and the age of legal majority under Applicable Law), you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using our Services, you represent and warrant that you have full power and authority to enter into these Terms and that, in doing so, you will not violate any other agreement to which you are a party. If you are using the Services on behalf of another person or entity, you represent and warrant that you are authorized to accept these Terms on that person's or entity’s behalf and that that person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
Notwithstanding any to the contrary in this section and pursuant to Section 2.3, all Farefetchers must be 18 years of age or older.3.2. Copyright and Trademark
The Services, including the text, images, Farefetch logos, product and service names, slogans and other content, are owned by or licensed to Farefetch. Except as explicitly stated in these Terms, Farefetch and our licensors reserve all rights in and to the Services, which includes all such content therein.3.3. Access to Our Services
You may access and use the Services solely for your personal use and only as allowed by these Terms. However, we may suspend or terminate your ability to access and use all or part of the Services at any time and for any reason (or no reason) without notifying you first. We also reserve the right to discontinue providing the Services at any time. We are not responsible for any harm related to your inability to access or use the Services.3.4. Feedback
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Farefetch or the Services (collectively, "Feedback") is non-confidential and will become the sole property of Farefetch. We will own exclusive rights, including all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.3.5. Prohibited Activities
You agree that you will not violate any Applicable Law or applicable contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while accessing and using our Services. You also agree that you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop any third-party applications that interact with the Services without our prior written consent, including any scripts designed to scrape or extract data from the Services; or
- Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
If you would like to report any conduct violating this section, please email us at email@example.com and include "Inappropriate Conduct" in the subject line of your email.3.6. Indemnification
You will indemnify, defend and hold harmless Farefetch, our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the "Farefetch Parties") from and against any loss, liability, claim, demand, damages, expenses or costs (including attorneys' fees), arising out of or related to (a) your access to and use of the Services; (b) Feedback you submit; (c) your violation of these Terms, any Applicable Law and/or any other terms and conditions applicable to your use of the Services or your obligations under these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct or your performance of your obligations in connection with the Services or under these Terms. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Farefetch or the other Farefetch Parties.3.7. Disclaimers
We do not control, endorse or take responsibility for any third-party content available on or linked to by the Services.
Your access to and use of the Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. In addition, Farefetch does not represent or warrant that the Services are accurate, complete, reliable, current or error-free. While Farefetch attempts to make your access to and use of the Services safe, we cannot and do not represent or warrant that the Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
We are not responsible or liable in any manner for your compliance (regardless of whether you are a Purchaser, Passenger or Farefetcher) or for the compliance of other users (regardless of whether such users are Purchasers, Passengers or Farefetchers) with these Terms, Applicable Law and any other terms and conditions applicable to your use of the Services or the purchased Fares, to other users' use of the Services, or to your or other users' performance of your or their obligations under these Terms.3.8. Limitation of Liability
Farefetch and the other Farefetch Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty or otherwise—for any indirect, consequential, exemplary, incidental, special or punitive damages or lost profits, even if Farefetch or the other Farefetch Parties have been advised of the possibility of such damages.
The total liability of Farefetch and the other Farefetch Parties, for any claim arising out of or relating to these Terms or the Services, regardless of the form of the action, is limited to the lesser of (a) the amount paid, if any, by you to Farefetch to access and use the Services and (b) $100.00.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Farefetch or the other Farefetch Parties or for any other matters in which liability cannot be excluded or limited under Applicable Law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.3.9. Release
To the fullest extent permitted by Applicable Law, you release Farefetch and the other Farefetch Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between you and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542, as well as any other statute or common law principles that would otherwise limit the coverage of this release, to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.3.10. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Farefetch and limits the manner in which you can seek relief from us.
Except for (a) any dispute arising out of or related to a violation of Section 3.5 or (b) disputes in which either party seeks to bring an individual action in small claims court located in Los Angeles County, California (if the dispute meets the requirements to be heard in small claims court) or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Farefetch waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Services resolved in court. Instead, all disputes arising out of or relating to these Terms or the Services will be resolved through confidential binding arbitration held in Los Angeles County, California, before and in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Farefetch agree that any dispute arising out of or related to these Terms or the Services are personal to you and Farefetch and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Farefetch agree that these Terms affect interstate commerce and that the enforceability of this Section 3.10 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by Applicable Law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Farefetch agree that, for any arbitration you initiate, you will pay the filing fee and Farefetch will pay the remaining JAMS fees and costs. For any arbitration initiated by Farefetch, Farefetch will pay all JAMS fees and costs. You and Farefetch agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms or the Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Farefetch will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 3.10 by emailing us at firstname.lastname@example.org and including "Arbitration Opt Out" in the subject line of your email. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 188.8.131.52. Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California.3.12. Changes to These Terms
We may make changes to these Terms from time to time. If we do make changes, we will post the amended Terms on our Services and will update the “Last Updated” date at the beginning of these Terms. We may also attempt to notify you by sending you an email notification or providing notice through the Services. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of the Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.3.13. Interpretation; Severability
In these Terms, the singular includes the plural and the plural the singular; the terms “including” and “include” will mean “including but not limited to”; and references to a “Section” will mean a section of these Terms, unless otherwise expressly stated. All section titles in these Terms are for reference purposes only and will not control or alter the meaning of these Terms as set forth in the text.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.3.14. Miscellaneous
These Terms constitute the entire agreement between you and Farefetch relating to your access to and use of the Services. The failure of Farefetch to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.3.15. Seller of Travel Registrations
Farefetch is a registered seller of travel in the State of California under California registration number 2126044-40. Registration as a seller of travel in California does not constitute the State of California's approval. California law requires certain sellers of travel to have a trust account or bond. Farefetch has established a dedicated bank account for these purposes. Farefetch is a participant in the Travel Consumer Restitution Fund (TCRF).3.16. Legal Notices and Complaints
All legal notices and complaints should be mailed to Preminger Technologies LLC, d/b/a Farefetch, Attn: Legal, 138 North Sycamore Avenue, Los Angeles, California 90036. If a law requires us to accept legal notices via email, please email email@example.com with “Legal Notices and Complaints” in the subject line of the email.
If you are a California resident, the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by phone at (800) 952-5210.3.17. Seller of Travel Registrations
If you register for a Farefetch account, either as a Purchaser or as a Farefetcher, you consent to receive electronic communications from Farefetch (e.g. via email or by posting notices on our Services). These communications may include information about how to use our Services, such as invitations to offer to fulfill a Fare Request, and notices about your account, such as payment authorizations, password changes and other transactional information. These electronic communications from Farefetch to you are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.3.18. Seller of Travel Registrations