Terms & Conditions

The following terms and conditions govern all use of the Ongair website ("the Website") and all products and services offered by Ongair. The Website is offered subject to the User’s acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, where applicable, the Ongair Privacy Policy) and procedures that may be published from time to time on the Website by Ongair (collectively, the "Agreement"). Please read these terms and conditions carefully before accessing or using the Website. By accessing or using any part of the Website, the User agrees to become bound by these terms and conditions. If these terms and conditions are considered an offer by Ongair, acceptance is expressly limited to these terms.


Access to the User’s Account

Subject to these terms and conditions, the Services are solely for User's particular and sole use. As used herein, "User" includes Ongair's paying customers ("Customers"). These terms set forth certain terms and conditions that apply to Customers, but not other Users. In the event any Customer-specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the Customerspecific terms and conditions shall prevail.

Subject to issuing a two (2) week notice, Ongair may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Ongair may however impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or incurring any liability from the User provided that such limitation shall not last for a period beyond 72 hours;upon which Ongair shall either issue the two (2) week notice or reinstate the Services immediately.

Restrictions

User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Ongair server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.

Subject to issuing a two (2) week notice, Ongair may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content. Ongair may however impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or incurring any liability from the User provided that such limitation shall not last for a period beyond 72 hours;upon which Ongair shall either issue the two (2) week notice or reinstate the Services immediately.

Registration and Security

As a condition to using certain products and services of the Service, User may be required to register with Ongair and select a password. User shall provide Ongair with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these terms, which may result in immediate termination of User's account. Ongair reserves the right to refuse registration of, or cancel any Ongair User at its discretion. User shall be responsible for maintaining the confidentiality of User's Ongair password and other account information.

Copyright

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ongair or its content suppliers and protected by international copyright laws. The compilation of all content on the Website is the exclusive property of Ongair and protected by international copyright laws. All software used on (or provided through) the Website is the property of Ongair or its software suppliers and protected by international copyright laws.

Indemnity

The User indemnifies and holds harmless Ongair, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of the use of the Website, including but not limited to the User’s violation these terms.

Termination

Subject to issuing a two (2) week notice and the clause on 'Access to the User's Ongair Account' above, Ongair may terminate User access to all or any part of the Website or Service at any time, with or without cause, with or without notice, effective immediately. If User wishes to terminate its Agreement or its Ongair User account (where assigned), User may discontinue using the Website. Notwithstanding the foregoing, paid accounts can only be terminated by Ongair where there has been a material breach of the Agreement with Ongair and such breach has not been cured within thirty (30) days of notice by Ongair of such breach; provided that, Ongair reserves the right to terminate the Website immediately as part of a general shut down of the services offered. All provisions of such Agreement and these terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, indemnity and limitations of liability.

Assignment

Customer will not assign its use/licence and these terms and conditions to any third party without Ongair’s prior written consent, which consent will not be unreasonably withheld. Ongair may assign its obligations or any rights under this terms and conditions to any third party without Customer’s consent in connection with any merger or change of control of Ongair or the sale of all or substantially all of Ongair’s assets provided that any such successor agrees to fulfil its obligations pursuant to these terms and conditions. Any assignment in violation of this Section will be void. These terms and conditions will be binding upon permitted assignees. These terms will inure to the benefit of and be binding upon the Parties, their permitted successors and permitted assignees.

These Terms & Conditions were last updated on 21st August 2022.