These Terms of Use ("Terms") constitute a legally binding agreement between you and Alkemy Aviation Private Limited ("Alkemy Aviation," "Alkemy," "we," "our," or "us") governing your access to and use of the Alkemy Aviation website, platform, marketplace, mobile applications, and related services (collectively, the "Service"). By creating an account, submitting a listing, browsing, purchasing, leasing, or otherwise using the Service, you ("you," "your," or "User") agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Service.
1. Privacy Policy & Additional Terms
Our Privacy Policy and Cookies Policy describe how we collect, use, and share your information. They are incorporated by reference into these Terms. Certain features of the Service may be subject to additional terms, guidelines, or rules posted on the Service (the "Additional Terms"). All Additional Terms are incorporated into these Terms.
2. Accounts & User Responsibilities
- To use the Service, you must create an account and provide accurate, current, and complete information.
- Accounts are individual and non-transferable. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
- You must be at least 18 years old and authorized to enter into legally binding contracts on behalf of yourself or your organization.
- You agree not to misrepresent ownership of any engines, APUs, or other equipment listed on Alkemy. Verification documents (title records, shop visit reports, lease histories) may be required.
- You remain solely responsible for the accuracy, legality, and authenticity of any content you upload ("User Content").
3. Listings & User Content
- Users may post listings for aircraft engines, APUs, and related high-value assets.
- All listings must represent genuine, available inventory. "Phantom" or speculative listings are strictly prohibited.
- You warrant that you have all rights and authority to list the asset and to grant Alkemy the license to display it.
- Alkemy reserves the right to review, verify, approve, reject, or remove any listing or content at its sole discretion.
4. Prohibited Conduct
You agree not to:
- Circumvent Alkemy's platform by completing transactions offline once introduced through Alkemy ("off-platform dealing").
- Use bots, scrapers, or unauthorized tools to access or extract platform data.
- Post unlawful, misleading, fraudulent, or export-controlled data without authorization.
- Engage in harassment, abuse, or activities that may harm Alkemy's reputation or other users.
- Violate any applicable aviation, export control, or sanctions regulations (including ITAR, EAR, EU, and Indian DGCA rules).
Alkemy may suspend or terminate your account for violations.
5. Grant of Rights
- Alkemy grants you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms.
- By submitting User Content (listings, documents, communications), you grant Alkemy a worldwide, royalty-free license to host, store, display, and distribute such content for marketplace purposes.
- Alkemy retains all intellectual property rights in the Service, including data, designs, logos, and the "Alkemy Aviation" brand.
6. Fees & Payments
- Alkemy charges fees for certain services, including listing fees, commissions on successful transactions, premium placement, escrow facilitation, and valuation services.
- All fees are quoted in U.S. Dollars unless otherwise stated and are payable in advance or upon deal closure as applicable.
- By using escrow or integrated payment services, you authorize Alkemy and its third-party providers to process payments on your behalf.
- All payments are non-refundable except where explicitly agreed.
7. Compliance & Export Controls
- Users certify compliance with all applicable aviation, trade, and export control laws.
- You may not list, transfer, or transact in engines or parts subject to embargoes, sanctions, or ITAR/EAR restrictions without appropriate authorization.
- Alkemy may suspend or block transactions flagged for compliance concerns.
8. Termination
- You may terminate your account at any time with 30 days' written notice.
- Alkemy may suspend or terminate accounts immediately for violations of these Terms, fraudulent activity, or legal/regulatory requirements.
- Upon termination, you remain responsible for any outstanding fees or obligations.
9. Disclaimers
- The Service is provided on an "as is" and "as available" basis.
- Alkemy does not guarantee the accuracy of listings, availability of engines, or successful completion of transactions.
- Alkemy is not a party to contracts between buyers and sellers. Users bear sole responsibility for due diligence, regulatory compliance, and transfer obligations.
- Alkemy disclaims all warranties, express or implied, including merchantability, fitness for purpose, and non-infringement.
10. Indemnification
You agree to indemnify and hold harmless Alkemy, its directors, employees, and affiliates from claims, damages, liabilities, and expenses arising out of:
- Your use of the Service,
- Your listings or content,
- Your breach of these Terms, or
- Your violation of laws or third-party rights.
11. Limitation of Liability
To the maximum extent permitted by law:
- Alkemy shall not be liable for indirect, incidental, or consequential damages, lost profits, or data losses.
- Alkemy's total liability in connection with the Service shall not exceed USD $500 or the fees paid by you to Alkemy in the 6 months preceding the claim, whichever is greater.
12. Governing Law & Dispute Resolution
- These Terms are governed by the laws of India, without regard to conflict of laws principles.
- Exclusive jurisdiction lies with the courts of Mumbai, Maharashtra.
- Any disputes shall be resolved by arbitration under the Arbitration and Conciliation Act, 1996, seated in Mumbai, in English.
13. Miscellaneous
- Alkemy may update these Terms at any time by posting the revised version on the Service. Your continued use constitutes acceptance.
- You may not assign your rights under these Terms without Alkemy's prior consent. Alkemy may assign freely.
- If any clause is found invalid, the remainder remains enforceable.
- Failure to enforce any right shall not be deemed a waiver.
14. Contact
Questions about these Terms should be directed to:
Alkemy Aviation Private Limited
Email: info@alkemyaviation.com
Phone: +1 (647) 224-4987