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JetFuel

Terms and Conditions

Last updated on March 7th, 2018

JetFuel Privacy Policy explains how JetFuel and parent company Real Labs, LLC collects, uses, shares, and protects your information in relation to JetFuel mobile and web services (“Service”). By using JetFuel Service, you understand and agree to the terms and conditions of JetFuel Terms of Use and our Privacy Policy (http://plugco.in/privacy).

JetFuel permits you to use JetFuel App and JetFuel Website(s) solely in accordance with these Terms of Use. JetFuel retains ownership of JetFuel App and JetFuel Website(s) at all times.

These Terms of Use apply to the use of any updates or changes to JetFuel App and JetFuel Website(s) that we may issue from time to time.

JetFuel may terminate the Licences granted under these Terms of Use at any time in its absolute discretion with or without notice to you. If you breach any provision of these Terms of Use such Licences shall automatically terminate. Where any of the Licences are terminated, you agree to immediately cease using and accessing JetFuel Website(s) and JetFuel App and to delete any copies of JetFuel App held by you.

Your consent to the processing of personal data

By downloading, installing or using JetFuel App or JetFuel Website(s) and/or by submitting personal data to JetFuel, you agree to the collection and processing of your personal data in the manner provided for in our privacy policy, a copy of which is available at the following link http://plugco.in/privacy (the “Privacy Policy”). Our Privacy Policy explains how we process the personal data we collect in connection with your use of JetFuel App and JetFuel Website(s).

User age restrictions

JetFuel App and JetFuel Website(s) are not intended for use by children under the age of 13. If you are under the age of 13 you must not use JetFuel App and JetFuel Website(s). If we discover that any such use is taking place we will immediately terminate any relevant user account(s) facilitating such use. If you are below the age of 16, you must have obtained the consent of your parent or legal guardian to your use of JetFuel App and JetFuel Websites(s) subject to our Privacy Policy and provided reasonable evidence of this to us using the contact details specified in below.

Rights to JetFuel App, JetFuel Website(s) and their content

All intellectual property rights and other rights in or to JetFuel App and JetFuel Website(s), and any content of either, made available by or on behalf of JetFuel and its licensors, belong to and remain at all times with JetFuel and its licensors. Save as expressly set out in these Terms of Use, you shall not obtain (i) any rights in or to our intellectual property rights or those of our affiliates, or (ii) any intellectual property rights and other rights in or to JetFuel App or JetFuel Website(s) or any contents of either.

JetFuel App and JetFuel Website(s) are licensed and not sold under these Terms of Use. The only rights granted to you in relation to JetFuel App and JetFuel Websites(s) under these Terms of Use are the Licenses described in Section 1 of these Terms of Use and no transfer of ownership or right to access or use any source code related to JetFuel App or JetFuel Website(s) is granted by us.

Where you submit any content whatsoever (“Content”) to JetFuel App or JetFuel Website(s), including without limitation any image, text, or data, you retain all intellectual property rights that you hold in such Content. You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such Content from time to time for any purpose relating to JetFuel App, JetFuel Website(s) and our business from time to time, in accordance with our Privacy Policy.

We welcome any feedback or suggestions for improvements relating to JetFuel App, JetFuel Website(s) and/or any related products and services offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we and our affiliates shall have a royalty free right to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing products or services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we or our affiliates use this.

Save as expressly permitted by us in these Terms of Use, you must not use the content on JetFuel App or JetFuel Website(s) (other than content that is submitted by you to JetFuel App) for any commercial purpose without obtaining written permission from us to do so first.

Use of JetFuel App

In order to use JetFuel App, you must create a user account (a “JetFuel Account”). You are responsible for all uses of your JetFuel Account whether by you or a third party. You should ensure that you use your personal mobile number for verification of your account and a strong password (if applicable) for your JetFuel Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your JetFuel Account resulting from your failure to maintain restricted access to your mobile device or your mobile SIM card, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the mobile number to which your account is registered.

Your JetFuel Account logs details of all JetFuel generated by you and any transfers of JetFuel to or from your JetFuel Account. Please review your JetFuel Account regularly. If you identify any erroneous transaction or unexpected activity on your JetFuel Account, or you believe that the security of your JetFuel Account has been compromised, you must let us know as soon as possible.

When using JetFuel App on your mobile device, you acknowledge and agree that JetFuel operates in the background of your mobile device, which in turn may have an impact to the battery life of such device.

Plug Coins

“Plugcoins” are units of exchange that users of JetFuel App may generate through verified app installations of other direct response marketing events. Plugcoins may be used to redeem products, services and other benefits via JetFuel App, to the extent that such products, services and other benefits are offered by users. You acknowledge and agree that JetFuel may not be redeemed for cash from JetFuel or any of its affiliates, unless we expressly agree otherwise with you in writing.

We reserve the right and retain the absolute discretion to determine, and alter from time to time, the eligible forms of app installation or direct response marketing events that must be attributed to users in order to generate Plugcoins using JetFuel App (for example, and without limitation, we may alter from time to time the number of plugcoins awarded for a partner app instalation).

We reserve the right and retain the absolute discretion to alter the value of plugcoins as they relate to any currencies around the world.

Plugcoins cannot be cannot be transferred, gifted, exchanged, or sold between users and each user agrees not to sell, transfer, or assist other users in selling or transferring virtual currency in any manner.

We may cap the maximum amount of Plugcoins that users of JetFuel App may generate each day using JetFuel App. The applicable cap may vary depending upon the membership level of the relevant user or other criteria that we chose to apply and we may alter such caps from time to time.

We may from time to time impose JetFuel-denominated charges for the use of JetFuel App or to enable specific functionality of JetFuel App. Where we do this we will be entitled to deduct the applicable number of JetFuel from your JetFuel Account required to meet the applicable JetFuel-denominated charges and we may retain and use JetFuel that we deduct for our own benefit.

We reserve the right to impose charges in relation to the use of JetFuel App in fiat currency from time to time, which may be applicable to all or specific categories of users or to the use of specific functionality or services accessed via JetFuel App. The currency and amount of any such charges may be determined by us in our absolute discretion.

JetFuel App allows you to send Plugcoins to third party users of JetFuel App. Please ensure that you have verified the identity of the recipient of the relevant JetFuel before sending them. We may make available functionality enabling the donation of JetFuel to charity.

Acceptable Use

You agree you shall not:

(a) seek to generate Plugcoins by any means other than your genuine app installations meeting the eligibility criteria specified by JetFuel from time to time and, in particular and without limitation, you shall not (i) get people you know to download the application to attribute downloads of direct response marketing results to your JetFuel account.

(b) copy, adapt, transmit, reverse engineer, decompile, disassemble, modify, sell JetFuel App or JetFuel Website(s) or any content accessible on either, save as otherwise expressly permitted by these Terms of Use or applicable law;

(c) operate more than one JetFuel Account;

(d) use JetFuel App or JetFuel Website(s) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into JetFuel App or JetFuel Website(s);

(e) reproduce, frame, display or mirror JetFuel App or JetFuel Website(s) other than as a necessary consequence of their normal operation by you;

(f) infringe our intellectual property rights or those of any third party in relation to your use of JetFuel App or JetFuel Website(s);

(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on JetFuel App or JetFuel Website(s);

(h) use JetFuel App or JetFuel Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(i) employ any technology that interferes in any way with the proper operation of JetFuel App or JetFuel Website(s), including by blocking any advertising or promotions displayed thereon; or

(j) collect or harvest any information or data from JetFuel App or JetFuel Website(s) for any commercial purpose, save as otherwise agreed in writing by us.

If we discover any breach of this Section 7 by you, we may immediately suspend or terminate your access to JetFuel App and remove and delete any content from JetFuel App or JetFuel Website(s) violating this Section 7.

Changes and updates to JetFuel App and JetFuel Website(s)

JetFuel reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to JetFuel App and/or JetFuel Website(s), and/or (ii) alter the functionality or contents of JetFuel App and/or JetFuel Website(s) with or without notice to you.

We may issue updates to JetFuel App from time to time. Depending upon the nature of the update, you may not be able to continue to use JetFuel App until you have downloaded the latest version of JetFuel App.

Contacting us

In relation to any matters concerning JetFuel App and JetFuel Website(s), including any feedback, questions, complaints or claims, please contact us by email to support@plugco.in

JetFuel welcomes any feedback you may have on JetFuel App.

No warranty

JetFuel App and JetFuel Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of JetFuel App, JetFuel Website(s) or the contents of any of them. JetFuel does not warrant or undertake that use and availability of JetFuel App and JetFuel Website(s) will be uninterrupted or error-free.

TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO JetFuel APP OR JetFuel WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF JetFuel IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Third Party Content

For your convenience JetFuel may include in JetFuel App or JetFuel Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that JetFuel has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.

JetFuel App and JetFuel Website(s) may include content submitted by other users of JetFuel App and JetFuel Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.

The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.

Changes and updates to the Terms of Use

We may change or update these Terms of Use and/or our Privacy Policy from time to time. If we decide to do this we will post such changes or updates on our website http://JetFuel.in/ and on JetFuel App, so that you are always aware of the terms and conditions for the use of JetFuel App and JetFuel Website(s). If we make a significant change to these Terms of Use and our Privacy Policy, we may elect to inform registered users by email, however we do not undertake to do so. Therefore you undertake to review these Terms of Use and our Privacy Policy on JetFuel App or JetFuel Website(s) from time to time to keep informed of any such updates and changes. Upon any such change or update to the Terms of Use or our Privacy Policy, by continuing to use JetFuel App or any JetFuel Website(s) you agree to be bound by such change or update.

From time to time we may make available additional terms or guidance in relation to the usage of JetFuel App or JetFuel Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use JetFuel App or any JetFuel Website(s).

JetFuel Marketplace

JetFuel App enables users to offer goods, services and other benefits to other users that may be redeemed in exchange for Plugcoins (such functionality being the “JetFuel Marketplace”).

Where you use JetFuel Marketplace to offer or redeem goods, services or other benefits in exchange for Plugcoins, any such transaction is entered into directly between you and the legal person making available the relevant goods, services or other benefits to you or redeeming such goods, services or other benefits from you, as applicable. Without limiting the effect of these Terms of Use in any way, transactions taking place on JetFuel Marketplace are subject to the legal terms of the party offering the relevant goods, services or other benefits on JetFuel Marketplace (including as stated in the actual listing), and we and our affiliates are not party to any such transactions save to the extent that we engage in transactions ourselves directly on JetFuel Marketplace.

To the extent that JetFuel agrees to administer on your behalf via JetFuel’s own account any offer of goods or services or other benefits in exchange for Plugcoins on JetFuel Marketplace, JetFuel shall be entitled to retain up to 100% of JetFuelcoins received for its own benefit in its absolute discretion.

You agree that JetFuel has no responsibility for any goods, services or other benefits offered by you or by any third party on JetFuel Marketplace. You agree that we have no control over and do not guarantee the quality, safety or legality of any goods, services or other benefits offered by users, the truth or accuracy of their offers, the ability of users to provide any goods, services or other benefits offered, or that a user will actually complete or perform a transaction. Save as otherwise expressly agreed with you, we and our affiliates do not act as agent, contractor, partner or any form of representative of you or any other user of JetFuel Marketplace. Our operation of JetFuel Marketplace should not be taken as an endorsement (express or implied) of any goods, services or other benefits offered on it, nor of any user.

JetFuel is entitled to alter the selection of goods services and other benefits on offer, and the number of Plugcoins required to redeem any such goods, services or other benefits offered, on JetFuel Marketplace, as well as to limit the number of possible redemptions of any good, service or other benefit by any user or group of users in its absolute discretion. Where we wish to do this, we will notify you first and give you the opportunity to de-list the relevant goods, services or other benefits, if you do not agree with the revised number of Plugcoins required.

You represent and warrant to us that any goods, services or other benefits that you offer on JetFuel Marketplace will: (i) conform to the description you provide for them, (ii) comply with all applicable laws and regulations, (iii) be of satisfactory quality, (iv) conform to our acceptable use requirements (stated in Section 7 above), and (v) be delivered in full once a user redeems the relevant goods services or other benefits using the requisite number of Plugcoins in accordance with your stated terms and conditions.

You agree that we may remove any listing or offer on JetFuel Marketplace at any time in our absolute discretion. All goods, services or other benefits listed on JetFuel Marketplace are offered subject to their availability (which may be limited where stated on the listing) and the applicable terms and conditions of the user listing the relevant offer, and may be withdrawn at any time before they are duly redeemed. Particular goods, services or benefits may be offered via JetFuel marketplace only to specific categories of user or to individually selected users, where we agree in writing or make available the necessary functionality to facilitate this.

You agree that disputes in relation to any goods, services or other benefit redeemed via JetFuel Marketplace shall be resolved in accordance with the terms and conditions applicable to the relevant transaction between the parties to such transaction. While we may elect to help facilitate the resolution of such disputes through programmes that we develop, to the maximum extent permitted by applicable law we accept no liability in connection with any transaction that we have not directly participated in.

We welcome feedback on JetFuel Marketplace participants. In the event that we determine in our absolute discretion that any fraud has occurred or any user has breached these Terms of Use or refused or failed to honour an offer of goods, services or any other benefit it has listed on JetFuel marketplace that has been duly redeemed by another user using the requisite number of Plugcoins and in accordance with any applicable terms and conditions, we reserve the right in our absolute discretion to (i) reallocate Plugcoins between users to reimburse any aggrieved user where we deem this appropriate, and (ii) suspend or terminate the use of JetFuel App by any user(s).

You agree that we and our affiliates have no responsibility to facilitate or offer returns, exchanges or refunds in connection with transactions on JetFuel Marketplace that we have not participated in.

We make no representation, warranty or undertaking that the offer, sale, purchase, export, import or use of any goods, services or other benefits offered on JetFuel marketplace is valid and legal under the laws that apply to you. You accept sole responsibility to ensure the legality of any offer, sale, purchase, export, import or use or any goods, services or other benefits that you list or redeem using JetFuel Marketplace.

As a form of marketplace curation JetFuel may offer an option for the users to report an offer via JetFuel app functionality and reserves a right after a review to delist the offer from JetFuel Marketplace.

Limitation of liability

You acknowledge that JetFuel App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of JetFuel App meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with JetFuel App, JetFuel Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, JetFuel App or JetFuel Website(s) or any inaccurate or incomplete content on either, or (iii) any loss, damage or other liability arising as a result of any reallocation of Plugcoins by us.

We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence up to the maximum aggregate limit specified in the following paragraph.

Apple’s requirements

As users of the App Store operated by Apple Inc, we are required to include certain legal terms in our Terms of Use, and these are set out in Attachment 1 to these Terms of Use.

General

We may assign or transfer our rights and obligations under these Terms of Use to a third party. You are not entitled to assign or otherwise transfer these Terms of Use without our prior written consent. Any attempt to do so without our consent will be void.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Use that is caused by any act or event beyond our reasonable control

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Each of the provisions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

Attachment 1

App Store Terms

1. The Terms of Use are concluded between you and JetFuel, and not with Apple Inc (“Apple”). JetFuel App and its contents are the responsibility of us, our licensors and users of JetFuel App (to the extent that such users create, submit or distribute any content via JetFuel App) and not Apple.

2. The licence to use JetFuel App granted under these Terms of Use is a non­transferable license for you to use JetFuel App on an Apple­branded product that you own or control in accordance with the usage rules set forth in the Apple App Store Terms of Service, except that JetFuel App may be accessed, acquired, and used by other accounts associated with you via any family sharing or volume purchasing arrangements with Apple.

3. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to JetFuel App. We do not offer maintenance or support services in connection with JetFuel App.

4. Apple will have no warranty obligation whatsoever with respect to JetFuel App, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of JetFuel App to conform to any applicable warranty set out in these Terms of Use will be solely our responsibility.

5. We, not Apple, are responsible for addressing any claims by you or any third party relating to JetFuel App or your possession and/or use of JetFuel App, including, but not limited to: (i) product liability claims; (ii) any claim that JetFuel App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

6. In the event of any third party claim that JetFuel App or your possession or use of JetFuel App infringes that third party’s intellectual property rights, JetFuel and not Apple will be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

7. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8. You must comply with any third party terms that are applicable to the use of JetFuel App from time to time.

9. Apple and Apple’s subsidiaries are third party beneficiaries of the Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.