TERMS AND CONDITIONS OF OHBI SERVICES
1. POLICIES FOR THE USE OF OHBI SERVICES
These terms and conditions constitute a legal contract between you and OHBI, a corporation of OHBI Technologies Inc. Hereinafter "the Contract", which governs the access and use of the OHBI application, hereinafter "the application", as well as associated services. If you do not accept these conditions, you will not be able to access the application or use the associated services. These Conditions expressly replace previous contracts or commitments with you. If you agree with these terms, you represent and warrant that you have the authority to link to the organization.
The OHBI application is an online marketplace that allows registered users ("Members") to have access to a market for services related to air transport (services) provided directly by third parties ("Air Operators").
The OHBI application offers an online marketplace that allows registered users to have access to a series of information that includes flights operated under the national and international regulations that each air operator has. For flights OHBI will act solely and exclusively as an agent in the marketing and organization of the flight. Both for the itinerated flights with individual seat purchases and charter flights with complete seat purchases, air operators are directly responsible for ensuring the safety of each flight that is carried out. All the air operators registered in the OHBI network operate the aircraft under the authorization and regulation of the Aeronautical Authorities that are applicable to their aircraft. OHBI offers the method to obtain the services of Air Operators, but in no way is it responsible for the services provided by them or third parties. By using the OHBI application and purchasing a flight, you authorize OHBI to manage with the Air Operator the commercialization of its services.
OHBI DOES NOT PROVIDE AIRPORT CARRIER SERVICES, AND IS ALSO NOT A REGISTERED OR CERTIFIED AND / OR RECOGNIZED AIR OPERATOR BY AN AERONAUTICAL AUTHORITY, BUT IS LIMITED TO PROVIDING INFORMATION AND VALID PAYMENT METHODS WITH AERATED AIR OPERATORS BY THE AERONAUTICAL AUTHORITIES.
OHBI reserves the right to modify these terms and conditions at any time. You hereby expressly acknowledge and agree to be bound by the terms and conditions, and any future amendments or additions that will be periodically posted on the OHBI website and / or on the OHBI mobile app.
You are responsible for regularly reviewing the OHBI website and the OHBI mobile application to see any updates to the terms and conditions. Your continued use of the Services or the OHBI Application after such changes will constitute your consent to such changes.
You agree to register and open an account with OHBI and provide all requested information, including personal information such as your name, email address, telephone number, as well as at least one valid payment method for pre-authorizations / reservations / payments and any other transaction made in the OHBI application. You agree to keep your account information accurate, complete and up-to-date, otherwise it may result in the inability to access the OHBI Application and use the Services. You are responsible for all activity that occurs in your account and you agree to keep the username and password of your account secure and secret at all times, without disclosing it to third parties.
Request for OHBI services
OHBI will process a flight request on your behalf based on the information provided by yourself. OHBI is a mobile platform and will act as such for flight management. You accept under these terms and conditions of use, that all the information provided in your requests is real and that it has the veracity indicated. OHBI will send your request and your information to the network of registered air operators, these being the third-party service providers. Once your request has been processed, you will receive flight reservation offers where you can choose the one that best suits you and have the possibility to book or make the purchase under these terms. You can make your reservation or purchase a flight reservation by bank transfer to the account provided by the mobile platform and sent to your email, as well as the purchase of a flight reservation with your credit or debit card.
Travel identification and Documents
In accordance with the regulations of the respective security administration, airport regulations and additional government regulations, you and your authorized guests must comply with all the regulations that each State (country) establishes as a requirement to make the trips. You must present all the necessary documentation and information required for both domestic and international flights. For all international flights you and your guests must have a valid passport in your possession, as well as the required visas or the respective entry documentation. The Air Operator has the right to refuse boarding to any person without the required documentation or information or as a result of non-compliance with the rules, regulations and governmental provisions that each Country or State establishes and any other additional requirement established by the Air Operator. OHBI is not responsible under any circumstances for the rejection of an Air Operator for not counting or not complying with any of these provisions. Once the purchase has been made, OHBI will ask you for the required information and to provide detailed and precise information on each person traveling on each passenger in accordance with the arrangements you have made, after or during the purchase process. Said information must be provided to OHBI no later than twenty-four (24) hours before the scheduled departure of the flight. By accepting these terms and conditions you accept and acknowledge that you must provide the information required by OHBI to enjoy the contracted services. You acknowledge that failure to provide information, providing inaccurate or incomplete information, or failure to provide information in a timely manner may delay a flight, the Air Operator or pilots who choose to deny boarding and, ultimately, may cause you or your guests miss the flight, which is considered an unannounced cancellation and will be subject to cancellation fees.
2. MANAGEMENT OF RESERVATIONS, PURCHASES AND TRANSACTIONS
Methods used for Reservations and Purchases
OHBI will request under the information provided by you different options for the conditions of your trip; However, you can select the option that best suits you based on price, aircraft and / or any other term and / or condition that you consider for your purchase. OHBI has an extensive network of operators registered, certified and recognized by the local Aeronautical Authorities of each country and region where the flights operate, so the OHBI application will manage your request and provide you with different options for your trip. By using OHBI services you can make reservations for a certain time and purchase immediately. OHBI allows you to make a reservation for a maximum time of 48 hours through the method you choose, either by bank transfer or payment by credit or debit card.
At the time of making a flight purchase reservation, you will receive the confirmation of your reservation to your email and you will be reminded that you have a maximum of 48 hours to make the bank transaction of your payment to the OHBI account specified in your reserve detail.
Once you have made your payment either by bank transaction or through your credit or debit card, you will receive a payment receipt detailing the transaction made to your email account registered with OHBI.
At the time of making a payment, a receipt will be sent to the registered email reflecting the purchase made with the detail of the service and all the information of your selected itinerary flight on the platform within a maximum of 24 hours after the purchase.
When making a purchase of OHBI services, you can make your payment through a bank transfer or with your credit or debit card.
If your purchase is less than two thousand ($ 2,000) American dollars or its equivalent, you can make your payment directly from your credit or debit card. OHBI may verify your purchase through the Transaction Verification procedure.
If your purchase is more than two thousand ($2,000) US dollars or its equivalent, you can make your payment through a bank transfer to the account provided by OHBI. OHBI may verify your purchase through the Transaction Verification procedure.
At the time of making a payment, either with your credit or debit card or by bank transfer, a proof of payment and a purchase notification will be sent to the registered email reflecting the purchase made with the service details and all the information of your selected roaming flight on the platform within a maximum of 24 hours after purchase.
For transactions less than two thousand ($ 2,000) US dollars or its equivalent, OHBI may verify the authorization of transactions through the notification process to your email account provided by yourself. For purchase transactions of amounts greater than two thousand ($ 2,000) United States dollars or its equivalent, you may receive a call from OHBI's customer service for the verification of data and approval of your purchase, or said transaction will be You will directly notify your email that you have provided. OHBI reserves the right to contact you by telephone with its customer service center to verify any transaction amount that is requested at the discretion of OHBI.
OHBI will send an invoice detailing the charges incurred by the user after making the purchase of any of the services offered by the platform. Any charge made where it is not in accordance with the terms and conditions for which the user has been notified as the final invoice will have the responsibility of contacting and issuing a claim for OHBI to verify the charges. The user may contact and make their claim via email firstname.lastname@example.org or the customer service numbers detailed on the website www.ohbi.app. OHBI is not responsible for any discrepancy in a billing sent to the user after having enjoyed or expired the date of the services for which the billing was issued.
Rates and Fees
OHBI reserves the right to cancel reservations that were issued at the wrong prices due to a technical failure or other error (such rates, "Wrong Rates"). OHBI may cancel said reservation at any time before the service, notify you about it and refund the total amount of the erroneous Fees you paid with respect to said canceled reservation. For any refund, you must comply with the management times of the local bank to the payment method used by the user.
Additional expenses may be incurred for the following services: In-flight telecommunications, internet use, excess baggage, fees for animal transport service, cleaning services for animal transport or cleaning required due to excessive wear and tear on the aircraft caused by you or your guests, catering orders, ground transportation and other services, whether detailed or not in the confirmation documentation. These additional expenses will be billed in your name and the charge will be made directly with the Air Operator where OHBI will not have any participation for these additional costs. Passengers will be responsible for all additional expenses resulting from their use of the service or of their guests. These charges may originate from the Air Operator that provides the air transport services or an external provider.
Disclaimer for Delays, Cancellations and Others.
OHBI will not be responsible for any delay or failure in connection with any flight, service or breach of any obligation under this contract or for the unavailability or inaccessibility of the OHBI Application if such delay, unavailability or inaccessibility is caused by rebellion, riots, kidnapping, insurrection, civil commotion, strikes or labor conflicts, fires, floods, laws, regulations, acts, demands and orders of any government or agency, confiscation of the aircraft in legal process, adverse weather conditions, inability to obtain fuel, aircraft damage or loss, lack of essential parts or supplies, mechanical problems, illness or disability of crew members, denial of operation or landing approvals, authorizations or permits from government authorities, denial of service attack , attacks on OHBI systems, m scheduled application stoppage or any fortuitous event or force majeure that is beyond the control of OHBI or is the defined responsibility of the Air Operator. By this contract, OHBI is released from any claim or demand for direct or indirect damages arising from the failure to perform a flight by an Air Operator, as a result of an event of force majeure, whether listed or not in the present or other event referred to above.
3. REFUND POLICY
Refund Policy and Penalties.
When requesting the cancellation of a flight reservation purchase, it must be requested through the customer service to the email email@example.com or to the customer service numbers specified on the website www.ohbi.app.
OHBI allows you to cancel your request within 24 hours of purchase without any penalty fee, however, you must comply with the refund policies and terms of your local bank, according to the registration of your credit card or banking method used for purchase. OHBI may reimburse the amount of the purchase to the user within a maximum period of fifteen (15) business days from the communication of the cancellation.
If you make a cancellation after 24 hours after the purchase, OHBI will be able to retain and make a payment under the following terms:
You agree that you are obliged to fly in accordance with this contract with the flight itinerary provided by the OHBI application that stipulates the day and time of departure based on the day and preferred departure time indicated at the time of purchase chosen by you.
YOU MUST BE ON THE AIRCRAFT PREPARED TO TRAVEL AT THE DEPARTURE TIME INDICATED IN YOUR FLIGHT ITINERARY PROVIDED BY THE OHBI APP. IF, AFTER THIRTY (30) MINUTES AFTER THE AIRCRAFT DEPARTURE TIME IN THE ITINERARY OF YOUR FLIGHT, YOU DO NOT ARRIVE, YOU WILL HAVE LOST THE FLIGHT AND WILL APPLY THE PENALTY UNDER THE TERMS OF “FLIGHT CANCELED WITHOUT NOTICE.
Flights canceled without notice
When you accept these terms and conditions of use, you understand that you must comply with each of the conditions stipulated in this document. OHBI will let you know at all times during your purchase process that you must comply with these conditions of use of OHBI services.
You must comply with your itinerary under the detailed dates and times, sent to your email account and / or notified through the mobile platform (app). If you do not show up on the date indicated in your itinerary detail or within thirty (30) minutes after the departure time of your flight you will have missed your flight for which you WILL NOT BE REFUNDABLE.
Flights rescheduled due to force majeure or unforeseen circumstances
Force majeure or fortuitous event will be understood as strikes, wars, earthquakes, volcanic eruptions, disturbances, and other causes beyond your control, which must occur within the territory of the Republic where the departure of your flight is maintained, and that make the provision of services impractical or impossible. If this is the case, OHBI will provide you with the right to reschedule your flight at no additional charge at the earliest date and according to your preference.
You may notify and request OHBI via customer service email firstname.lastname@example.org for a refund for a rescheduled flight due to force majeure or fortuitous event, provided that the aforementioned causes are met. OHBI reserves the right to make penalties for administrative charges.
In the case of requesting a refund for the aforementioned causes, OHBI may manage your payment within a maximum period of fifteen (15) days. In addition, you must comply with the refund policies and terms of your local bank, according to the registration of your credit card or bank method used for the purchase.
4. SAFETY AND COMPLIANCE POLICY
Before boarding, you may need to undergo a security check. By submitting a flight reservation and purchase request, you agree that you, your guests and your belongings may be subject to a security check as a condition of boarding the flight, in compliance with the laws and boarding regulations of each country. If you fail to comply with security screening or if you refuse to follow security screening procedures, you will not be allowed to board the aircraft, and your reservation may be canceled without refund.
Suitable for Traveling
You and your guests must be medically fit for air travel. As a condition of boarding the flight, you represent and warrant that you are medically fit to travel, and accept responsibility for any personal health conditions that may arise as a result of the flight.
If your behavior or the behavior of your guest endangers the aircraft or any passenger or property while on board, or you or your guests obstruct or hinder the crew in the performance of their duties, or fail to comply with the instructions of the crew , including but not limited to those with respect to smoking in any form, using drugs, using alcohol, or using any threatening, abusive, or insulting words towards the crew or any behavior that causes crew discomfort, inconvenience, harm or injury or other passengers on the flight, the Air Operator may take the measures it deems necessary to prevent the continuation of said conduct, including the non-admission and / or restriction of access, services and / or continuity of the flight. You and / or your guests can be disembarked and rejected at any time and can be prosecuted for crimes committed on board the plane. IN ADDITION, AT THE DISCRETION OF OHBI, YOUR PRIVILEGES AS A REGISTERED USER OF OHBI MAY BE REVOKED PERMANENTLY, WITHOUT ANY REFUND IN CASE THERE ARE MORE FLIGHTS PURCHASED TO YOUR NAME AS A MEMBER.
Compliance with the conditions of Air Operators
By making a flight reservation purchase and accepting these terms, you agree to comply with all the rules and conditions of the Air Operators that are registered in the OHBI application. You must comply with all the requirements and operational conditions in relation to the policies of air operators. You are obliged and not limited to read and be informed with all the policies, terms and conditions of OHBI and what is provided by the network of registered operators. OHBI will provide you with specific information for each operator regarding special services, required travel documents, checked and / or carry-on baggage policies, pet transportation and emotional support, special medical conditions, use of cabin seats, unaccompanied minors and any other information that is applicable to your trip.
All the aircraft that are available within the OHBI Application have a rigorous registration process to be part of the network of operators within the OHBI Application. OHBI limits itself to validating all the documentation required during the registration process to become part of the network of operators and under its quality system, for which reason the Air Operator is directly responsible for maintaining the aircraft permits issued by the authorities. aeronautical registration records and their corresponding airworthiness certificates issued by them. In the event of any damage to the aircraft, you agree to reimburse the Air Operator for all reasonable costs and expenses incurred as a result of such damage to the interior and / or exterior of the aircraft caused by you or any of your guests.
It is the sole and exclusive responsibility of the Air Operator to maintain civil liability insurance coverage, which is requested and registered during the Air Operator registration process in the OHBI Application as part of our quality system. OHBI is not responsible for any claim that arises in relation to the services of the Operator at the time of making its flight, however, OHBI has as an essential requirement that each air Operator have and maintain valid civil liability insurance that covers all its operations, aircraft and passengers, so any claim arising from civil liability must be made to the Air Operator.
Representation and Guarantees
By using the OHBI Application or Service, you expressly represent and warrant that you have the legal right, authority and ability to enter into this Agreement and to comply with the terms and conditions of this Agreement. If you reside in a jurisdiction that restricts the use of the Service due to your age, or restricts the possibility of entering into contracts like this due to your age, you must comply with such age limits and must not use the Application and the Service. Without limiting the foregoing, the Service and the Application are not available for the use of persons under the age of 18. By using the Application or the Service, you declare and guarantee that you are at least 18 years old. The use of the Service and / or the OHBI Application is exclusively personal to the person who provides the data during the registration process within the OHBI application. It is understood that you cannot authorize third parties to use your user, and you cannot assign or transfer your account to any other person or entity.
By using the Application or the Service, you agree to comply with all applicable laws of your country of origin and the country, state and city in which you are present while using the Application or the Service.
You can only access the Service using the Application or other means expressly authorized by OHBI. It is your responsibility to verify to ensure you download the correct version of the Application for your device. OHBI is not responsible if you do not have a compatible phone or if you downloaded the wrong version of the App for your phone. OHBI reserves the right to terminate this Agreement if you use the Service or the Application with an incompatible or unauthorized device.
By using the Application or the Service, you agree that:
1. You will only use the Service or the Application for legal purposes; You will not use the Services to send or store illicit material or for fraudulent purposes.
2. You will not use the Service or the Application to cause inconvenience or inconvenience to any natural or legal person.
3. It will not affect the correct operation of the network.
4. You will not harm or attempt to harm the Service or the Application in any way.
5. You will not copy or distribute the Application or any content provided through the Application or as a result of your use of the Services without OHBI's written permission.
6. You will only use the Application and the Service for your own use.
7. You will keep secure confidential information regarding your account, which allows access to the Service.
8. You will provide us with any proof of identity that we can reasonably request.
9. You will only use an access point or data account that you are authorized to use.
Licenses, Copyright Restrictions, and User Content
Subject to compliance with the terms and conditions of this Agreement, OHBI grants you a limited, non-exclusive, non-sublicensable, revocable and non-transferable license to (i) download and use the Application on your personal device(s) and (ii) access and view any Collective Content made available on or through the OHBI application and accessible to you, solely for your personal and non-commercial use.
You will not use, copy, adapt, modify, prepare derivative works based on, distribute, license, sell, transfer, publicly display, publicly execute, transmit, broadcast or exploit the Service, the Application or the Collective Content, except expressly permitted in this Agreement.
License granted to the User
We may, in our sole discretion, allow users to create, upload, post, send, receive, store or otherwise make any User Content available. By making any User Content available on or through the Service or Application, you grant OHBI a non-exclusive, international, royalty-free, irrevocable, perpetual, sub-licensable and transferable license on such Content, with the right to sub-license, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, and otherwise exploit such User Content only or through the Service or Application. OHBI does not claim any ownership rights over any User Content and nothing in this Agreement will be considered to restrict the rights that you may have to use and exploit any User Content, provided that the data protection laws and regulations of the User are not violated.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or the Application. Consequently, you declare and guarantee that: (i) you are the sole and exclusive owner of all the User Content that you make available through the Service or Application or you have all the rights, licenses, consents and versions necessary to grant OHBI and the rights in said User Content, as contemplated in this Agreement; and (ii) neither the User Content nor its publication, loading, sending or transmission of the User Content or the use by OHBI of the User Content (or any portion thereof) in, through or through the Service or Application will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or publicity or privacy rights, or result in violation of any applicable law or regulation.
Subject to compliance with this Agreement, OHBI grants you a limited, non-exclusive and non-transferable license to download and install a copy of the Application on a single mobile device or computer owned or controlled by you, and to execute said copy of the Application solely for your personal use. In addition, with respect to any Application accessed or downloaded from the Apple or Android Application Store ("Store Application Source Application"), you will use the App Store or Google Play Store Source Application only: (i) on an Apple-branded product running iOS (owned by Apple) or an Android system (owned by Google); and (ii) as permitted by the "Rules of Use" established in the Apple App Store or Google Play Store Terms of Service. OHBI reserves all rights to the Application that were not expressly granted to you under this Agreement.
OHBI respects copyright law and expects its users to do the same. It is OHBI's policy to terminate, in appropriate circumstances, users of the OHBI Application who repeatedly infringe or are believed to repeatedly infringe the rights of copyright holders.
Payment Terms for downloading the Application
Any fees that OHBI may charge you for downloading the Application are immediately due and are non-refundable. This non-refund policy will apply at all times regardless of your decision to terminate your use, our decision to discontinue your use, the interruption caused to our Application or Service whether planned, accidental or intentional, or for any reason. OHBI reserves the right to determine the final prevailing price. OHBI, in its sole discretion, may make promotional offers with different functions and different rates to any of our clients. These promotional offers, unless made to you, will have no effect on your offer or contract. OHBI may change the rates of our Service or Application, as we consider necessary for our business. We recommend that you visit our website periodically if you are interested in how we charge for the Service or the Application. www.ohbi.app
If you select this function and have the SMS service of one of the Operators supported within the OHBI application, you can receive a notification by SMS. Message and data rates may apply based on the rates of local telephone operators.
YOU WILL ONLY RECEIVE OHBI MESSAGES IF YOU MAKE AN ACCESS CODE REQUEST. IF YOU CHANGE YOUR MOBILE PHONE SERVICE PROVIDER, THE SERVICE MAY BE DEACTIVATED AND YOU WILL HAVE TO RE-ENROLL IN THE NOTIFICATION SERVICE. OHBI RESERVES THE RIGHT TO CANCEL THE NOTIFICATION SERVICE AT ANY TIME.
You acknowledge and agree that the OHBI Application and Content, including all associated intellectual property rights, are the sole property of OHBI and / or its licensors or third-party licensors. You will not remove, alter, or hide any copyright, trademark, or service marks or signs or other proprietary rights notices that are embedded in or accompany the OHBI application or Content or User Content. All OHBI trademarks, service marks, logos, trade names and any other identifying elements used in, or in connection with, the OHBI application and Content constitute OHBI trademarks or registered trademarks.
Third Party Interactions
While using the Application and the Service, you can contact, buy products and / or services from, or participate in promotions of external service providers, advertisers or sponsors that display their products and / or services through the Application. or the Service. Any such activity, and any term, condition, warranty or representation associated with such activity, is solely between you and the appropriate third party. OHBI and its licensors have no responsibility, liability or liability for such correspondence, purchase, transaction or promotion between you and any third party. OHBI does not endorse any Internet site that is linked through the Service or the Application, and in no case will OHBI or its licensors be responsible for the content, products, services or other materials available on such sites or external providers. OHBI provides the Application and the Service to you in accordance with the terms and conditions of this Agreement. You acknowledge, however, that certain providers of goods and / or services may require your acceptance of additional or different terms and conditions before your use or access to such goods or services, and OHBI denies any responsibility or liability arising from such contracts between you and external providers.
OHBI may rely on the advertising and marketing of third parties provided through the Application or Service and other mechanisms to subsidize the Application or the Service. By accepting these terms and conditions, you agree to receive such advertising and marketing. If you do not wish to receive such advertising, you must notify us in writing. OHBI reserves the right to charge you a higher fee for the Service or the Application if you choose not to receive these advertising services. This higher rate, if applicable, will be posted on the OHBI website located at www.ohbi.app. OHBI may collect and disclose information about you and your use of the Application or Service anonymously as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party with whom you interact through the Service.
To the maximum extent permitted by applicable law, you agree to exempt or defend OHBI, its affiliates and subsidiaries, as well as its directors, employees and agents, against and against any claim, liability, compensation for damages, losses and all kinds of expenses arising from or in connection with: (a) your violation or non-compliance with any term of this Contract or any applicable legislation, whether or not referenced here; (b) violation of any right of a third party, including the air Operators registered in the Application, or (c) their use or misuse of the Application or Service.
Disclaimer of Warranties
The company does not make any representation, or guarantee regarding the reliability, punctuality, quality, suitability, availability, precision or integrity of the service or application. OHBI does not declare or guarantee that: (a) the use of the service or the Application will be safe, timely, uninterrupted or error-free or will work in combination with any other hardware, application, system or information; (b) the service or the Application will meet your requirements or expectations; (c) any information stored will be accurate or reliable; (d) the quality of any product, service, information or other material acquired or obtained by you through the service will meet your requirements or expectations; (e) errors or defects in the service or the Application will be corrected; or (f) the service or the server that allows the service to be available is free of viruses or other harmful components. All conditions, statements and warranties, whether express, implied, regulatory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights, are hereby excluded. to the maximum extent permitted by applicable law by OHBI. OHBI does not represent, or guarantee regarding the reliability, security, punctuality, quality, suitability or availability of any service, product or merchandise obtained by third parties through the use of the service or the Application. You acknowledge and accept that the total risk derived from the use of the application and the service, and of any third party services or products, remains only to the maximum extent permitted by law.
Limitation of Liability
In no event shall OHBI's total liability exceed the amounts actually paid and/or owed by you in the six (6) month period immediately preceding the event that gave rise to such claim. In no event will OHBI and/or its licensors be liable to anyone for indirect, punitive, special, exemplary, incidental, consequential or other damages (including personal injury, loss of data, income, profit, use or other economic advantage). OHBI and/or its licensors will not be responsible for any loss, damage or injury that may be incurred, including, but not limited to, loss, damage or injury arising out of or related in any way to the service or the Application, including, but not limited to the use or inability to use the service or the Application.
OHBI will not be a party to disputes, dispute negotiations between you and the Air Operators. We cannot and will not play any role in the administration of payments between you and the Air Operators. The responsibility for the decisions you make regarding the services offered through the Application or the service (with all its implications) is solely on your part.
The quality of the services scheduled through the use of the service or the application is entirely the responsibility of the Air Operator who ultimately provides said transport services. You therefore understand that by using the application and the service, you may expose yourself to potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable services, and that you use the Application and the service at your own risk.
OHBI may notify you by means of a general notice in the application, by email to your email address registered in your OHBI account, by written communication sent by first class mail or by prepaid mail to your address registered in the account information. from OHBI. Such notification will be deemed to be given when it expires 48 hours after mailing or posting (if sent by First Class or Prepaid Mail) or 12 hours after mailing (if sent by email). You may notify OHBI (such notification will be deemed delivered when received by OHBI) at any time by any of the following: letter delivered through the nationally recognized overnight delivery service or first-class prepaid mail to OHBI at the addresses of Contact offices published on the OHBI website www.ohbi.app or Email email@example.com .
THIS AGREEMENT MAY NOT BE ASSIGNED BY YOU WITHOUT OHBI'S PRIOR WRITTEN APPROVAL, BUT MAY BE ASSIGNED WITHOUT YOUR CONSENT FROM OHBI TO (I) A MATRIX OR SUBSIDIARY, (II) AN ASSET PURCHASER, OR (III) A EVENT BY MERGER. ANY RESPONSE ALLEGED ASSIGNMENT IN VIOLATION OF THIS SECTION WILL BE NULL.
You agree to fully comply with all export laws and regulations of any country where a flight originates and is destined, to guarantee that neither the Application nor the technical data related to it, and / or any direct product thereof are exported or re-exported. directly or indirectly in violation for purposes prohibited by such laws and regulations, when using the App Store or Google Play source Application.
Conflict resolution. Arbitration.
Any dispute, controversy or claim that arises from, or relates to or in connection with this contract, or with the breach, termination or validity of this, shall be definitively resolved through arbitration. The arbitration shall be conducted in accordance with the Regulations of the Mediation and Arbitration Center of the Chamber of Commerce and Industry of Panama in force at the time of the arbitration, except for the modifications contained in this contract or by mutual agreement of the parties. The place where the arbitration will take place will be in Panama City, and it must be in the Spanish language. The arbitral tribunal shall be composed of a single arbitrator, who shall be selected in accordance with the rules mentioned above.
The arbitration award must be written and must be decisive and binding on the parties. The award may include an award of costs, including attorneys' fees and expenses. The enforcement of the award may be carried out by any court that has jurisdiction over the award or over the parties or their property. Finally, the parties expressly agree to waive the filing of the appeal of the arbitration award or the partial awards that are made during the procedure.
The existence and content of the arbitration proceedings and any decisions or awards will be kept confidential except (i) to the extent that a party's disclosure is required to fulfill a legal duty, protect or pursue a legal right, or make fulfill or contest an award in good faith legal proceedings before a state court or other judicial authority, or (ii) with the written consent of all parties. Notwithstanding any provision to the contrary, either party may disclose matters related to arbitration or arbitration procedures when necessary for the preparation or presentation of a claim or defense in said arbitration. You acknowledge and agree that you and OHBI waive the right to a jury trial or to participate as a plaintiff or class user in any alleged class action or representative proceeding. Furthermore, unless you and OHBI agree otherwise in writing, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of procedure of any kind or representative.
5. PRIVACY AND SECURITY POLICY
OHBI is a company incorporated in the Republic of Panama under OHBI Technologies Inc., which offers private flight management services through its mobile platform and its service providers as Air Operators. Below, we explain how OHBI will manage your data as a "user", and how we will protect your privacy. OHBI collects information about you before accessing or using our mobile application, website, and other products and services through third parties.
Use of User Information
OHBI may use the information we collect about you as a user to:
a. Provide, activate, maintain, manage and improve our Services, such as facilitating payments, sending receipts or invoices, providing products and services that you request (and sending related information or commercial communications), developing new functions, developing security options, authenticate users and send product updates and administrative messages;
b. Carry out internal operations, such as, for example, keeping the website protected, preventing fraud and abuse of our Services; fix software bugs and malfunctions; carry out data analysis, testing and research; monitor and analyze usage and activity trends; verify compliance with the terms and conditions that govern the use of our Services (including monitoring private messages through the private messaging service;
c. Send communications that have been requested by the User or that may be of interest to you, including information about products, services, promotions, news and events, and when permitted and in accordance with applicable local laws; and to process contests, raffles or other promotional entries and fulfill related prizes;
d. Personalize and improve the Services, including providing or recommending features, content, social connections, referrals, and advertisements; and,
e. Other uses.
Collection of data and information
We collect information that you provide to us directly, for example, when you create or modify your account, request or use our Services, contact customer service, or otherwise communicate with us at OHBI. This information may include: name, email, telephone number, postal address, profile photo, gender, marital status, birthday, payment method, certain credit card details (refer to our security policies), the content of the communication, metadata and other personal information that you provide. When you use OHBI's services, we collect information about you in the following general categories:
a. Location Information: When, how often, and under what circumstances do you use our On-Demand Delivery Services, we collect exact location data. If you allow the OHBI application to access location services through the permission system used by your mobile operating system, we may also collect the exact location of your device when the application is running. We can also obtain your approximate location from your IP address.
b. Operation information: We collect data related to the use of our Services, including the type of service requested, the date and time of service provision, amount charged, distance traveled, delivery time and other details related to the operation.
c. Use and preference information: We collect information about how you and site visitors interact with our Services, expressed preferences and selected settings.
d. Computer information: When you interact with the Services, we collect server logs, which may include information such as device IP addresses, dates and times of access, application functions used, pages visited and use of the website, blocking of the application and other system activity, browser type and version, operating system, and the third-party site or service you were using before interacting with our Service.
You can access your account information at any time, as well as request the update, modification and deletion of the information contained in it, free of charge. If you wish to deactivate your account, send us an email to firstname.lastname@example.org or through the telephone lines available in the “Contact us” section of the www.ohbi.app. Please note that in some cases we may retain certain information about you as required by law or for legitimate business purposes to the extent permitted by law. For example, if you have an outstanding credit or debt in your account, or if we believe that you have committed fraud or breached our Terms and Conditions, or if there is any current or prospective legal procedure.
OHBI reserves the right to modify or update these Privacy Policies for consideration and convenience. If we make major changes to the way we treat your personal information, we will likely notify you through the Services or by other means, such as email or through the private messaging service. Your continued use of the Services after such notification constitutes your consent to the changes.
Data and information security policy
Through our platform, no credit or debit card information is saved for any of the cardholders. This information will not be retained, disclosed or registered at any time, if not using third-party payment processors. The only information that passes to the third-party platform is the owner's information, email and total amount of the amount to be paid.