The Cayman Islands have been in the spotlight as a touristic destination for quite some time now. It’s not hard to imagine why, considering it’s the quintessential tropical paradise out of your wildest dreams. It might seem like a small collection of three islands in the middle of Caribbean, but…
FLYKLIA IS OWNED BY MALAYSIA AIRPORTS HOLDINGS BERHAD (487092-W) (“MAHB”) AND THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND MAHB.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES OFFERED BY FLYKLIA. THESE TERMS OF USE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT FLYKLIA.TRAVEL (THE "SITE") AND THE SERVICES, FEATURES, CONTENT, APPLICATIONS OR WIDGETS OFFERED BY FLYKLIA (COLLECTIVELY WITH THE SITE, THE "SERVICES").
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to all of the terms and conditions contained herein ("Terms of Use") and all other operating rules, policies and procedures that may be published from time to time on the Site by FLYKLIA, each of which is incorporated by reference and each of which may be updated by FLYKLIA from time to time without notice to you in accordance with the terms set out under the "Modification of Terms of Use" section below. In addition, the Services offered may be subject to additional terms and conditions specified by FLYKLIA from time to time; your use of the Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Service, including, without limitation, users who are contributors of content, information, and other materials or services on the Site, individual users of the Services, venues that access the Services, and users that have a page on the Services. Access.
Subject to these Terms of Use, FLYKLIA may offer to provide the Services, as described in the Site, and which are selected by you, solely for your own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services FLYKLIA performs for you, any applications or widgets offered by FLYKLIA that you download from the Site. Registration and Eligibility.
You may browse the Site and view selected Content without registering, but as a condition to use certain Services, you are required to register with FLYKLIA and represent, warrant and covenant that you provide FLYKLIA with accurate and complete registration information (including, but not limited to a user name ("User Name"), e-mail address and a password that you will use to access the Services) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your FLYKLIA account. You shall not:
FLYKLIA reserves the right to refuse registration of, or cancel a User Name in its sole and absolute discretion. You are solely responsible and liable for any activity that occurs on your account and shall be responsible for maintaining the confidentiality of your FLYKLIA password. You shall never use another user's account without such other user's prior express permission. You will immediately notify FLYKLIA in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms of Use and register for the Services. The Services is not available to individuals who are younger than 13 years old. FLYKLIA may, in its sole and absolute discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the rights to access the Services is revoked where these Terms of Use or use of the Services is prohibited and, in such circumstances, you agree not to use or access the Site or Services in any way. Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. FLYKLIA cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term "Content" includes, without limitation, any location information, "shouts", videos, audio clips, comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by FLYKLIA on or through the Services. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Services by users, including Content that is added to the Services in connection with users linking their accounts to third party websites and services, is collectively referred to as, "User Submissions." FLYKLIA Content.
The Services contains Content specifically provided by FLYKLIA or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. Subject to these Terms of Use, FLYKLIA grants each user of the Site and/or Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from FLYKLIA, or from the copyright holder identified in such Content's copyright notice, as applicable. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial (whether or not for profit) use or in any way that violates any third party right. User Submissions.
We may use your User Submissions in a number of different ways in connection with the Site, Services and FLYKLIA may determine in its sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Submissions on the Site or otherwise through the Services, you hereby do and shall grant FLYKLIA a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and FLYKLIA(and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Site and/or the Services, including Third Party Media, a non-exclusive license to access your User Submissions through the Site and the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions in connection with their use of the Site, Services and Third Party Media. For clarity, the foregoing license grant to FLYKLIA does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with FLYKLIA.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that FLYKLIA will not be liable for any errors or omissions in any Content; and that FLYKLIA cannot guarantee the identity of any other users with whom you may interact in the course of using the Services.
When you delete your User Submissions, they will be removed from the Services. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. Additionally, you shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including without limitation any User Submission, that:
If the User Submission includes a photograph, FLYKLIA has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not (directly or indirectly):
FLYKLIA is a platform focusing on high quality articles and reviews. To this regard all articles and reviews submitted by our users are monitored by FLYKLIA content team before being publicly displayed. However all content added, created, uploaded, submitted, distributed, or posted to the Website by Users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content.
User represents that all User Content provided by User is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. User acknowledges that all Content, including User Content, accessed by User using the Website is at User`s own risk and User will be solely responsible for any damage or loss to User or any other party resulting therefrom. We do not guarantee that any Content User access on or through the Website is or will continue to be accurate.
By submitting public User Content through the Website, User hereby grants Provider a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with FLYKLIA apps and provider’s (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the User Content (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). This license to the Provider is granted irrespectively to the license under which such content is published.
The foregoing license grants to Provider does not affect other ownership of the User or license rights in User Content, including the right of the User to grant additional licenses to User Content, unless otherwise agreed in writing. User represents and warrants that he has all rights to grant such licenses to Provider without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
FLYKLIA website contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow Users to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spams, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
Any objectionable content will be removed within 24 hours and user might be banned.
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Site. When you access third party websites, you do so at your own risk. These other websites are not under FLYKLIA's control, and you acknowledge that FLYKLIA is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by FLYKLIA or any association with its operators. You further acknowledge and agree that FLYKLIA 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 the use of or reliance on any such Content, goods or services available on or through any such website or resource. Termination.
FLYKLIA may at its sole and absolute discretion, terminate your access to all or any part of the Services and/or Add-to Link at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Save to the extent required by law, FLYKLIA has no special relationship with or fiduciary duty to you. You acknowledge that FLYKLIA has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release FLYKLIA from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. FLYKLIA makes no representations concerning any Content contained in or accessed through the Services, and FLYKLIA will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
You release FLYKLIA from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
THE SITE, SERVICES, CONTENT AND ADD-TO LINK ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
FLYKLIA, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICES, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless FLYKLIA, its affiliates and each of its and its affiliates' employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site, Services, Content, Add-to Link or otherwise from your User Submissions, violation of these Terms of Use, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of FLYKLIA). FLYKLIA reserves the rights to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with FLYKLIA in asserting any available defences.
ALL LIABILITY OF FLYKLIA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICES, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLYKLIA, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT FLYKLIA, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICES, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
NOTHING IN THESE TERMS OF USE SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS OF USE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FLYKLIA’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and FLYKLIA agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
* These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. For all purposes of these Terms of Use, the parties consent to exclusive jurisdiction and venue in Malaysia. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation, this section. If you are accepting these Terms of Use on behalf of a Malaysia government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of Malaysia (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of Malaysia.The use, duplication, reproduction, release, modification, disclosure or transfer of the software, application or widget is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. Any such software, application or widget is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of any such software, application or widget shall be governed solely by these Terms of Use.
These Terms of Use are the entire agreement between you and MAHB with respect to the Services and use of the Site, Services, Content, User Submissions or Add-to Link, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and MAHB with respect to the Site. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, MAHB will provide you with written notice of such waiver through one of its authorized representatives.
MAHB reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services or via email. MAHB may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
FLYKLIA shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MAHB's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with FLYKLIA's prior written consent. FLYKLIA may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in these Term of Use, all notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
