Terms of Use
These are the “Terms of Use” for all websites managed and maintained by Jettainer GmbH containing the ULD Management tool and services including but not limited to ” https://jettware.com” and its sub-sites (hereinafter referred to as “jettware.com”).
1. General
The Jettware.com Website is managed and maintained by Jettainer GmbH, Am Prime Parc 17, 65479 Raunheim, Germany. Where the words “we” or “us” are used in these “Terms of Use”, they refer to the above-mentioned company.
Please review these “Terms of Use” carefully before using our website. By using jettware.com you indicate your agreement to be bound by these “Terms of Use”. These “Terms of Use” also apply when you use the services for registered users in the protected area of the jettware.com .
You agree to the following:
1.1. You may not use any devices, mechanisms, software, or other scripts which could interfere with the working of jettware.com. This includes uploading files infected with viruses or malware.
1.2. You may not take any action which could result in an unreasonable or excessive load on the Jettainer infrastructure.
1.3. You may not block, overwrite, or modify any content generated by us or in other way disrupt jettware.com.
1.4. You may not reproduce information from jettware.com for commercial purposes. In particular, you may not copy, distribute, in other way use or reproduce any content from jettware.com with the help of 'robots', other search machine technology or through other automatic mechanisms.
1.5. You may not acquire, or attempt to acquire, any unauthorized access to any of our networks (in particular the login area), by whatever means.
1.6. You may not use jettware.com in a manner which causes an infringement of the proprietary rights of others.
1.7. You may not make any unauthorized, false, or fraudulent bookings, in particular any bookings which are paid for with means of payment belonging to a third party that has not consented to this.
1.8. To be able to use further extensive functions of jettware.com, you must be registered according to Section 2 below. When logging in for initial registration, you will be informed separately about these “Terms of Use” and any additional “General Terms and Conditions” if applicable and you must accept them.
2. Registration for Jettware Services
2.1. Requirements for Registration
Registration for Jettware on jettware.com requires that you transmit the data requested in the registration form (including personal data), that you are over 18 years old as well as of unlimited legal capacity and that you accept our “Terms of Use” by ticking the respective box at the end of the registration form.
There is no legal right to registration. We are entitled to refuse registration without giving reasons. You are obliged to inform any subsequent change of your data requested in the registration form of your own accord and to keep your registration details always up to date.
2.2. Successful Registration / Contract of Use
You will be informed of the successful registration via email. Upon receipt of this information, the registration and thus the respective Contract of Use between you and us will become effective and you are entitled to use jettware.com.
You assure that all data provided by you during registration is true and complete. You are obliged to provide only true and non-misleading information in your profile and communication. You may only register once and only create one user profile.
2.3. User Name and Individual Password
Your user name shall be your professional email address. With the registration you choose an individual password. Access to jettware.com is only possible with your email address as user name and your password. You may not disclose the password to third parties and must keep it in a safe place to prevent misuse.
You are obliged to inform us immediately, if the password has been lost or if you become aware that a third party has gained knowledge of the password.
If you do not provide proof that a third party has gained access to jettware.com without your consent, all declarations made via your profile are attributed to you. You are liable for any misuse by third parties, unless you can prove that you are not at fault in this regard.
2.4. Use of Data
In the course of using jettware.com, you may interact with other registered users and therewith provide them with your personal data, e.g., if you are named as Contact Person in the provided data. Your registration data may also be used upon request by the airlines you registered for in the case of audits or deactivation of inactive users or terminated contractors. For more details regarding the use of your personal data by us, kindly refer to our Data Privacy Policy,
2.5. Termination of Registration / Contract of Use
Both parties have the right to terminate the Contract of Use at any time in writing or via email without cause.
Termination will become effective upon receipt of the respective termination notice. You may send your termination notice to ‘info@jettainer.com’. As soon as the termination becomes effective, you are no longer entitled to make use of jettware.com and we will block your access to this protected area of jettware.com.
Irrespective of this, we may terminate your registration and block your access to jettware.com, in particular, if false information was provided during the registration, if registration requirements no longer apply or if there are serious indications that you have committed unlawful acts.
2.6. Consequences of improper use
Without prejudice to other rights, we reserve the right to prohibit access to jettware.com (especially terminate your registration) if you breach these Terms of Use.
3. Use of the jettware.com
3.1. Types of Services
The ULD Management Tool offered on jettware.com contain the following types of services:
a) Offer a platform for all registered users (the “Jettware Users”) to share information about ULD transactions that lead to an updated stock count at the station (flight departures, hand-overs to forwarders, shippers, repair shops, or other airlines).
b) Offer a platform for all stations in the airline’s network to monitor ULD stock figures continuously.
c) Offer a platform for all Jettware Users to communicate actual ULD stock and availability in case of deviations from the figures shown on jettware.com
3.2. Remuneration and Payment
At the moment all available jettware.com functions are included in the ULD management fees. In the course of the further development of Jettware, we reserve the right to demand payment for some of the existing, new or advanced Services. The introduction of any such fee and the payment conditions will be communicated in advance to you.
3.3. Your liability regarding the use of jettware.com
As a Jettware User you – or if you have acted on behalf of your company, respectively your company – are liable to Jettainer and other Jettware Users or his/her company for
• the correctness, accuracy, completeness, or quality of the information provided when sharing or exchanging information
Basically, you – or respectively your company – are liable for your own acts and omissions and for the acts and omissions of the respective legal representatives, directors, or other vicarious agents, especially those handling the respective ULDs.
3.4. Our Liability
Jettware.com is only providing a platform for Users to perform transactions on behalf of their company or their airline customers. Thus, regarding the Jettware Services, we are only liable as follows:
We are liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. We are liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations of us are such duties in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract.
Any additional liability of us is excluded, especially for any damages to ULDs or other property of any Jettware User or respectively its company due to an act or omission of another Jettware User or his/her company especially if deriving from any false information given by the Jettware Users using the Jettware. In particular, we will not bear any costs of a transfer of ULDs or for demurrage accrued on the basis of such a contract between Jettware Users or their companies.
3.5. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold us and our affiliates and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of jettware.com or any Jettainer Services, (iii) your interaction with any other Jettware User, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
4. Applicable Law / Forum
These Terms of Use shall be governed by and shall be construed exclusively in accordance with the laws of Germany excluding conflict of laws principles that might call for the application of the law of another jurisdiction. The Parties acknowledge and agree that the UN Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use. The Courts of Frankfurt shall have exclusive jurisdiction over any action relating directly or indirectly to these Terms of Use.
5. Proprietary rights
All trademark rights, copyrights, database rights and other intellectual property rights or the contents of jettware.com (as well as the organization and layout of jettware.com) together with the underlying software code, rest either with us or with our licensors. You may not, either in whole or in part, copy, modify, distribute, use or reproduce in other form contents of jettware.com, or the underlying software code, without the prior written consent of us or our licensors.
In particular, all texts, pictures, trademarks, logos, computer animation files as well as their arrangements are subject to copyright and other intellectual property rights. You may not copy, modify and/or use these items on other websites or in any other way without our prior written consent.
6. Changes of jettware.com
We reserve the right at any time and without prior notice – at our sole discretion and without assumption of any liability – to undertake improvements or modifications in respect of the information, services, products, and other contents of jettware.com and/or shut down the Website. There is no obligation of any sort for us to update jettware.com and its content.
7. Links to other websites
Jettware.com may contain links or references to other websites which are not operated by us. Unless otherwise specified, we do not endorse any of these other websites and expressly disassociate ourselves herewith from all contents of these sites. This declaration applies to all links to external sites covered by us and to any and all content of these sites to which these links lead.
We reserve the right to make the connection to other websites dependent on our express written consent and to withdraw that consent at any time.
8. Legal disclaimer for jettware.com
To all users jettware.com is provided only “as is” and only to the extent permitted by law. The information and data on the homepage do not constitute any warranty or guarantee, either express or implied.
We accept no liability whatsoever for the topicality, accuracy, completeness, or quality of information by us as well as information provided by third parties. Liability claims against us relating to damage of a material or non-material kind, which were caused by usage or non-usage of the information presented, are expressly excluded provided there was no gross negligence or intent on our part.
We furthermore accept no liability for the uninterrupted and error-free function of jettware.com, the information and the services provided therein and the rectification of any defects in this respect. Furthermore, we accept no liability that jettware.com or the server providing the information and services are free of computer viruses or any other harmful elements.
9. Storage of IP-addresses
When you visit jettware.com, our web server automatically saves the IP-address of your Internet Service Provider, the website you are visiting us from, the web pages that you visit on our site and the date and duration of the visit. In the event of infringements of these Terms of Use, we will keep the stored IP-address to use in pursuance of civil law claims and for the resolution of criminal offences.
10. Other terms
We reserve the right to change the “Terms of Use” at any time. We will inform you as registered user about the new version of the “Terms of Use”. The new version of the “Terms of Use” must be accepted by you before your next login after the change by using the respective ‘agree button’ or tick box at the end of the respective information. If you do not agree with the new version of “Terms of Use” you will not be able to use jettware.com in the registered area of jettware.com. The public part of jettware.com will be usable as before.