Use of the Service
Your use of the Service commences when you click “Submit” and ends on the earlier of: (a) the removal of the cable from your computer; or, (b) your computer being turned off.
The Service may include both content owned and/or controlled by Us or our affiliates, employees, officers, licensors, partners, suppliers, consultants, agents and subcontractors (collectively “Our Personnel”) as well as content owned or controlled by third parties and licensed to Us or our Personnel (collectively, the “Content”).
When using the Service, you must ensure that you:
(a) do not and do not attempt to infringe the rights, including intellectual property rights, of any person;
(b) use the Service in accordance with all applicable laws, regulations and/or codes/guidelines of any relevant country;
(c) do not do or attempt to do anything which would disrupt or interfere with other network users, services or equipment;
(d) do not do or attempt to use the Service to solicit people to become subscribers of competing services or resell or attempt to resell our services; and
(e) comply with any requirement(s) of the owner of the premises in which you are accessing the Service.
We, and/or our Personnel, own and retain all rights in the Service and/or Content, including (without limitation) any advertisements which may be posted on the Service portal, which contains proprietary and confidential information that is protected by copyrights, trademarks, service marks, patents or other intellectual property rights and other laws. You may not copy, modify, publish, transmit, distribute, perform, display, sell or create derivative works based on any of Company’s or Our Personnel’s proprietary information, whether in whole or in part.
We and/or Our Personnel may place Internet cookies on your computer’s hard drives. Internet cookies save certain information about your usage of the internet, including websites and advertisements viewed by you. When you revisits the Service, We and/or Our Personnel may recognise you by the Internet cookie and customise your experience accordingly. You may decline the Internet cookie by using the appropriate feature of your Web client software, if available.
In order to provide you with the Service, We and/or Our Personnel may need to collect information that is capable of identifying you (“Personal Information”). This Personal Information is collected for (a) system performance and security purposes; (b) editorial and feedback purposes and for other marketing and promotional purposes; (c) to analyse the behaviour of users when they use the Service; (d) for product development and content improvement; (e) to customise content and the layout of our website and Service; and/or (f) as required under applicable laws and regulations. In addition, We and/or Our Personnel may also collect Personal Information that you volunteer as part of our voluntary registration system.
You specifically agree acknowledge and agree that We and/or Our Personnel may partner from time to time with other parties to provide specific services. When a user requests to receive these third party services, we will share all contact information necessary for these third parties to provide these services to the relevant user. We and/or Our Personnel will disclose only information knowingly and voluntarily disclosed by users. These third parties are not allowed to use Personal Information except for the purpose of providing these services. Sometimes, We and/or Our Personnel may also share aggregated demographic information with our partners and advertisers, but such information will not identify any individual. These third parties are not allowed to use Personal Information except for the purpose of providing these services. Sometimes, We and/or Our Personnel may also share aggregated demographic information with our partners and advertisers, but such information will not result in identification of any individual being.
For the aforesaid reasons, We need you to consent to the transfer of Personal Information about you from the country in which you are provided with the Service. Particularly, please note that Personal Information may in some cases be transmitted to other countries. Your consent is a requirement in order for Us to provide you with the Service. If you do not consent to the transfer of Personal Information, do not click “Connect”.
Storage of Data and Personal Information
We and/or Our Personnel may store your Personal Information and other data, including but not limited to the URLs you visit and the duration and timing of your internet activity. We and/or Our Personnel may store such information for as long as we deem appropriate, and/or to comply with any applicable laws.
We and/or Our Personnel have taken measures to ensure that the Service is secure, and that Personal Information which We and/or Our Personnel hold is protected from risks such as unauthorised access, modification or disclosure. We and/or Our Personnel use a variety of security technologies and procedures to do this but as the use of the Internet can never be completely secure, you specifically acknowledge and agree that We and/or Our Personnel 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 any unauthorised access, modification or disclosure of your Personal Information.
You understand that by using the Service, you may be exposed to Content or internet content that is offensive, indecent or objectionable. Under no circumstances will We and/or Our Personnel be liable in any way for any such content, including, but not limited to, any errors or omissions in any Content or internet content, or for any loss or damage of any kind incurred as a result of the use or display of any Content or internet Content, whether foreseeable or otherwise. You agree that you must evaluate, and bear all risks associated with, the use of any Content or internet content, including any reliance on the accuracy, completeness, or usefulness of such Content or internet content.
We and Our Personnel have no liability or responsibility for the availability, performance or non-performance of such activities.
Dealing with Advertisers
The portal of the Service may include advertisements and promotions by third parties. Your correspondence, business dealings or participation in promotions of advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or third parties. You agree that We and/or Our Personnel shall not be responsible or liable for any loss or damage of any kind incurred as a result of any such dealings or as the result of the presence of such advertisers on the Service.
Links and Third Party Information
The portal of the Service may include links to third party websites or information from third party websites such as travel, restaurant, shopping, weather and news information that resides on sites not owned or controlled by Us and/or Our Personnel. As We and/or Our Personnel have no control over such sites and resources, you acknowledge and agree that We and/or Our Personnel are not responsible for the availability of such external sites or resources, and do not endorse nor are responsible or liable for any content on or available from such sites or resources. You further acknowledge and agree that We and/or Our Personnel 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 your use of or reliance on any such content available on or through any such site or resource.
The portal of the Services may include flight information provided by third parties. We and/or Our Personnel have no control over such flight information and therefore We and/or Our Personnel shall not be liable for and cannot guarantee the timeliness, reliability or accurateness of any and all such flight information. We shall, on a best efforts basis, attempt to ensure you do receive timely and accurate flight information. In case of any doubt, please check with your travel agent or airline nearer the relevant date and time of the flight arrival/departure. Further We and/or Our Personnel shall not be liable for any loss or damage, direct or indirect, which you may suffer as a result of accessing or replying such flight information. Please note that We and/or Our Personnel may at any time withdraw this flight information facility without any further notice to you.
Check-in and Boarding Pass Printing Facility
The portal of the Services may include check-in and boarding pass printing facility. The availability and use of such check-in and boarding pass printing facility shall be subject to the terms and conditions imposed by the airline concerned and such other terms and conditions which may be imposed by Us and/or Our Personnel concerning the use of such facility from time to time. Particularly, please note that the use of such boarding pass printing facility may be subject to additional charges.
Payment of Fees
If you are required to pay fees for use of the Service, you must pay the persons operating the premises in which you are currently accessing the Service in accordance with their directions, such persons being agents, for billing purposes, of the party to whom fees for the Service are due.
We and/or Our Personnel may also suspend or terminate the Service by reason of a technical failure or other technical problem with the provision of the Service.
In the case of the suspension and/or termination of the Service, all outstanding fees up to and including the commencement of suspension or the time of termination, become immediately payable upon suspension and/or termination, as applicable, and in no circumstances will any fees paid under these terms be refundable.
Changes in Terms and Conditions
We and/or Our Personnel may modify or terminate our Service from time to time, for any reason, and without notice or liability to you or any other users or any third parties.
Disclaimer of Warranties
We and Our Personnel disclaim any and all responsibility or liability for the accuracy, completeness, legality, reliability, operability or availability of information or Content displayed on the Service. We and Our Personnel disclaim any and all responsibility and liability for your conduct and for the conduct of others using the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR CONTENT OBTAINED OR ACCESSED THROUGH THE SERVICE), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES WHATSOEVER. WE AND THE COMPANIES’ ENTITIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS
(b) WE AND OUR PERSONNEL DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. PARTICULARLY, WE AND THE COMPANIES’ ENTITIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS
(c) WE AND OUR PERSONNEL DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE;
(d) WE AND OUR PERSONNEL DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE;
(e) YOU DOWNLOAD OR OTHERWISE OBTAIN INFORMATION OR DATA THROUGH THE USE OF THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH INFORMATION OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE AND/OR OUR PERSONNEL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE, WHETHER OR NOT WE AND/OR OUR PERSONNEL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (iv) ANY RELIANCE ON THE SERVICE; (v) THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES); OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
IN ANY EVENT, UNDER NO CIRCUMSTANCES SHALL WE AND/OR OUR PERSONNEL BE LIABLE TO YOU FOR AN AMOUNT EXCEEDING US$100.00.
WITHOUT LIMITATION TO THE GENERALITY OF THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE AND/OR OUR PERSONNEL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
You agree to hold harmless and indemnify Company and Our Personnel from and against any third party claim arising from or in any way related to your use of the Service and/or Content, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Contributions to Us
By submitting Personal Information, ideas, suggestions, documents, and/or proposals (“Contributions”) to Us through our suggestion, survey or feedback portals, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) We and/or Our Personnel are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) We shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) We may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become Company’s property without any obligation on Company’s part to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Us under any circumstances and such Contributions may not be attributed to you.