Welcome to Gyoza Flights. These Terms of Service (“Terms”, “Terms of Service”) govern your relationship with the Gyoza Flights website and subscription service (the “Service”) operated by Million Points Plus Pty Ltd (ABN: 546 6441 9103), trading as Gyoza Flights (“us”, “we”, or “our”).
Please read these Terms of Service carefully before using our Service. Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
1. Subscriptions, Billing, and Cancellation
- 1.1. Subscription Plans: The Service is billed on a subscription basis. We offer a Monthly Subscription and an Annual Subscription. Your subscription will automatically renew at the end of each billing cycle (either monthly or annually) under the exact same conditions unless you cancel it or we cancel it.
- 1.2. Billing Cycle: A valid payment method is required to process the payment for your subscription. You shall provide us with accurate and complete billing information. By submitting such payment information, you automatically authorise Gyoza Flights to charge all subscription fees incurred through your account to any such payment instruments. All fees are paid in advance and are non-refundable.
- 1.3. Cancellation: You may cancel your subscription renewal at any time through your online account management page. You will not receive a refund for the fees you already paid for your current subscription period, and you will continue to have access to the Service until the end of your current subscription period.
2. Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not to a breach of the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
3. Permitted Use of the Service and Data
- 3.1. Personal, Non-Commercial Use: The Service and all data, text, images, and other content made available through the Service are for your personal, non-commercial use only.
- 3.2. Prohibited Use: You agree not to copy, reproduce, alter, modify, create derivative works from, or publicly display any content from the Service without our prior express written permission. You are strictly prohibited from using any automated means, including but not limited to bots, scrapers, spiders, or crawlers, to access, query, or otherwise collect information from the Service.
4. Alerts and Fair Use Policy
Our Annual Subscription plan may offer access to features described as “unlimited”, such as flight alerts delivered via email or SMS. While we aim to provide generous access to these tools for your personal travel planning, their use is subject to this Fair Use Policy to prevent misuse and ensure the quality and availability of the Service for all our users.
- 4.1. Personal Use: When you register for an account, subscribe to our Service, or contact us for support, you provide us with information directly.
- 4.2. Unacceptable Use: We consider the following activities a breach of our Fair Use Policy:
- Using automated scripts, bots, or any other systematic process to create an excessive or unreasonable number of alerts.
- Creating a volume or pattern of alerts that indicates commercial activity, data scraping, or any purpose other than personal travel planning.
- Any usage that places an unreasonable or disproportionately large load on our infrastructure, thereby degrading the Service or alert delivery for other users.
- Reselling, sharing, or otherwise distributing the information provided by our alerts to others on a commercial or systematic basis.
- 4.3. Enforcement: If we, in our sole discretion, determine that your usage of the alert feature has violated this Fair Use Policy, we reserve the right to take appropriate action. This may include contacting you to discuss your usage, temporarily suspending your access to the alert feature, or, in cases of severe or repeated breach, suspending or terminating your account in accordance with Section 2 of these Terms.
5. Data Accuracy and Availability Disclaimers
You acknowledge and agree that the Service is provided for informational purposes only.
- 5.1. Cached and Live Data: Our service displays a combination of live and cached data to enhance performance. Cached data is stored temporarily and may not reflect the most current real-time information on pricing and availability. We make no guarantee as to the accuracy or timeliness of cached data.
- 5.2. Phantom Availability: The Service may display what is known as “Phantom Availability,” where an airline or its third-party data provider inaccurately represents flight availability or fares in its data feed. Gyoza Flights has no ability to detect or prevent these inaccuracies and assumes no liability for discrepancies between the data shown and what is actually available for booking.
- 5.3. Verification Required: You are responsible for verifying the accuracy of all information, including flight times, dates, fares, and availability, directly with the airline or booking agent before making any financial or travel commitments.
6. Links to Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Gyoza Flights. Gyoza Flights has no control over, and assumes no responsibility for the content, accuracy, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Gyoza Flights shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such third-party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
7. Disclaimer of Warranties
The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Gyoza Flights does not warrant that the Service will function uninterrupted, secure, or available at any particular time or location; that any errors or defects will be corrected; or that the results of using the Service will meet your requirements.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Gyoza Flights, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service. Our total cumulative liability to you for any and all claims and damages arising from or in connection with your use of the Service shall, in no event, exceed the total amount of subscription fees, if any, that you paid to Gyoza Flights in the twelve (12) months immediately preceding the event giving rise to such claim.
9. Indemnification
You agree to defend, indemnify, and hold harmless Gyoza Flights and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of: a) your use of and access to the Service, by you or any person using your account; b) a violation of these Terms; or c) your violation of any third-party right, including without limitation any copyright, property, or privacy right.
10. Governing Law and Dispute Resolution
- 10.1. Governing Law: These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.
- 10.2 Dispute Resolution: You agree that before filing any claim or commencing any legal action against Gyoza Flights, you will first attempt to resolve the dispute informally by contacting us. We will try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Gyoza Flights may bring a formal proceeding.
11. General Provisions
- 11.1. Severability: If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
- 11.2 Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.
13. Contact Us
If you have any questions about these Terms, please contact us at contact@gyozaflights.com
