THESE RULES SET OUT WHAT YOU CAN AND CANNOT DO WHEN USING OUR PLATFORM – PLEASE READ CAREFULLY BEFORE USE
This end user licence agreement (“EULA”) sets out the terms under which you may access our services made available at http://www.sykjunxion.com or via our App, (“Services“). This EULA supplements all other documents, policies and terms governing your use of our Services. This EULA applies to all users of the Services hereafter referred to as (“Authorised Users”).
Your use of our Services means that you accept, and agree to abide by, the terms of this EULA.
The Services are operated by Skyjunxion DMCC (“we/us“). We are registered in Dubai under company number DMCC188473 and our registered office is at Jumeirah Lakes Towers, P.O. Box: 338003, Dubai, United Arab Emirates.
- WHAT YOU CANNOT DO
- 1.1 You may use our Services only for lawful purposes. You therefore may not use our Services:
- 1.1.1 in any way that breaches any applicable local, national or international law or regulation;
- 1.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- 1.1.3 for the purpose of harming or attempting to harm others, or for the purposes of promoting the same;
- 1.1.4 to send, knowingly receive, upload, download, use or re-use any material which does not, or encourages others to not, comply with our content standards set out in clause 2;
- 1.1.5 to encourage other users to use violence or commit illegal or criminal acts;
- 1.1.6 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam) or distribute malware or any items of a destructive or deceptive nature;
- 1.1.7 to falsify any protocol or email header information (e.g. “spoofing”);
- 1.1.8 to collect user content or otherwise search or scrape the Website using automated means (such as harvesting bots, robots or scrapers) without our permission;
- 1.1.9 to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or circumvent our security or authentication measures;
- 1.1.10 to represent yourself as our agent, partner or affiliate, or make any representations, warranties or guarantees in respect of the Services;
- 1.1.11 for the collection, storage or processing of any personal data, unless you have received prior consent from the individual whose personal data is being used. No special category personal data may be collected;
- 1.1.12 for any high risk use where failure or fault of the Services could lead to death or serious bodily injury of any person, or to severe financial, physical or environmental damage;
- 1.1.13 if you are under 18.
- 1.2 You agree not to:
- 1.2.1 use meta tags, hidden text or metadata with our trademark, logo, URL or product name without our written consent;
- 1.2.2 upload large amounts of unwanted or repetitive user content, post unsolicited commercial messages in comments, captions or tags, or try to artificially boost views or comments;
- 1.2.3 sell or transfer your account details to any other person for compensation;
- 1.2.4 reproduce, duplicate, copy or re-sell any part of our Services in contravention of the provisions of any agreement you have with us;
- 1.2.5 try to gain unauthorised access to or disrupt any part of the Services, data, account or network by any means;
- 1.2.6 execute load, stress, performance, penetration or vulnerability tests;
- 1.2.7 access without permission, or interfere with, damage or disrupt any part of the Services, equipment or network from which our Services operate, software used within the Services or equipment or network or software owned or used by any third party.
- 1.3 You may not solicit your account details or access any account that belongs to another user, or undertake any related actions that violate the privacy or publicity rights of another user.
- 1.4 You will not post anyone’s identification documents, sensitive financial information or information that is reasonably deemed to be confidential or private within the Services.
2. USER CONTENT STANDARDS
- 2.1 Our aim is to maintain a safe and secure environment and to keep our Services as a pleasurable experience for everyone. We therefore require that user content must not:
- 2.1.1 defame any person;
- 2.1.2 discriminate against any person based on race, sex, religion, nationality, disability, sexual orientation or age;
- 2.1.3 infringe the intellectual property rights of any person;
- 2.1.4 copy any person, or misrepresent the identity or affiliation of any person with any other person;
- 2.1.5 deceive, or be likely to deceive, any person;
- 2.1.6 breach any legal duty owed to a third party (such as a contractual duty or a duty of confidence);
- 2.1.7 promote illegal activity;
- 2.1.8 threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
- 2.1.9 give the impression that it emanates from or is approved or endorsed by, us if this is not the case; or
- 2.1.10 advocate, promote or assist any unlawful act (such as copyright infringement or computer misuse).
- 2.2 When uploading any user content and when placing tags on any images, you will be required to provide us with information about that content to enable other users to access it. You therefore must:
- 2.2.1 provide true, accurate and complete information; and
- 2.2.2 confirm that the relevant user content is not in breach of any laws both in the UK and the country in which the user content was uploaded.
Failure to comply with the above obligations result in your account being suspended, disabled or otherwise terminated and the relevant content removed, confiscated and disclosed along with your account details under clause 6.2.6.
- 2.3 Any user content that relates to comments must be accurate, genuinely held and compliant with applicable laws in the UK and in any country from which they are posted.
- INTELLECTUAL PROPERTY RIGHTS
- 3.1 You are granted a non-exclusive, non-transferable, worldwide licence to use the Services (including any associated software and intellectual property rights) for your internal business operations. Such licence permits you to make such copies of software or other information as are required for you to receive the Services via the Internet. Where open source software is used as part of the Services, such software use by you will be subject to the terms of the open source licences.
- 3.2 None of the Services are sold to you and you do not receive any ownership rights in or to any intellectual property rights contained within the Services. You acknowledge that all intellectual property rights in the Services belong to us (or our relevant licensors), and that you have no rights in, or to, the Services other than the right to use them in accordance with this EULA.
- 3.3 The Services are provided and may be used solely by you as part of your website/desktop architecture for the purposes of operating an online business travel and expense management system, gathering travel-related information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers and travel content providers. You may not (i) lease, loan, resell or otherwise distribute the Services save as permitted in writing by us; (ii) use the Services to provide ancillary services related to the Services; or (iii) permit access to or use of the Services by or on behalf of any third party. We may take and maintain technical precautions to protect the Services from improper or unauthorised use, distribution or copying.
- 3.4 If you send Us any feedback relating to the Services (which we will gratefully receive!), you agree that we have a royalty–free, worldwide, irrevocable right to use such feedback for such purposes as we see fit from time to time, including without limitation, to create new or enhance existing products or services offered by us, or to pass on to third parties for their use. We shall not be required to compensate you financially or otherwise for your feedback or the results of your feedback.
- 3.5 You grant us the perpetual right to use aggregated anonymous data compiled from your use of the Services for our own business and/or operating purposes, provided that we do not share any data with a third party that reveals your identity or any confidential information.
- 3.6 You shall indemnify and hold us and our suppliers or agents harmless from and against any cost, losses, fines, liabilities and expenses, including reasonable legal costs arising from any third party claim relating to or resulting directly or indirectly from: (i) any claimed infringement or violation by you of any intellectual property rights with respect to your use of the Services outside the scope of this EULA; (ii) use by us of any data you provide; (iii) your use of any third party provider content or information.
- THIRD PARTY PROVIDERS
- 4.1 By using the Services, you agree to abide by any terms and conditions imposed by any third party provider accessed through the Services with whom you elect to transact, including, but not limited to, payment of all amounts when due and in compliance with the third party provider’s terms and conditions in particular with regard to availability and use of fares, products or services.
- 4.2 We have no liability to you whatsoever in relation to any content, its use, or correspondence with any third party provider, or for any transactions completed or any contract entered into by you with any third party provider. We recommend that you carefully read third party provider’s terms and conditions and privacy policies before using any third party provider’s websites, services or content.
- 4.3 You acknowledge and accept that your violation of a third party provider’s terms and conditions may result in: (i) cancellation of booking(s); and/or (ii) denial of access to third party provider’s products and services; and/or (iii) forfeiture of monies paid for such reservation(s); and/or (iv) us charging you for any costs we incur as a result of such breaches.
- 4.4 You acknowledge and accept that: (i) the Services may contain hyperlinks to websites operated by third party providers; (ii) such hyperlinks are provided for reference only; (iii) we do not control such websites; (iv) we are not responsible for the content, privacy or other practices of such websites; (v) we have no editorial control over such content and the opinions, advice, statements, services, offers, prices, or other information or content expressed or made available therein, are those of the respective author(s) or distributor(s); and (vi) it is your sole responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, rating, advice or other content available.
- 4.5 We do not endorse or approve any third party provider website or the content of any third party provider website made available via the Services.
- 4.6 We have the right, but not the obligation, to monitor the content of such Third party Providers to determine its compliance with this Agreement or any law, regulation or authorised government request. We have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted within the Services.
- DISCLAIMER AND LIMITATION OF LIABILITY
- 5.1 The Services are licensed to you “as is” and “as available” for the general purpose for which they were designed and licenced (i.e. without consideration for your particular intended use, which we are not aware of). As such and to the maximum extent permitted by law, the Services are licensed without any representation, warranty or undertaking of any kind (whether express or implied), including but not limited to any assurances as to the availability, performance, accuracy, security or completeness of any of the Services.
- 5.2 We do not represent or warrant: (i) the results you can achieve from using the Services; (ii) that the Services will operate uninterrupted or error free; (iii) that the functionality of the Services will meet your requirements; (iv) the accuracy, reliability or content of any information, service, or product provided via a third party provider; or (v) by offering for sale travel to particular international destinations, that travel to such destinations is advisable or without risk.
- 5.3 If any of the above exclusions are not permitted by mandatory law, the applicability of any implied assurance shall be limited to the greatest extent permitted by mandatory law. In particular: (i) we are not responsible for any loss or damage you suffer as a result of decisions made due to your use, or non-use, of the Services; (ii) we have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, loss or damage to data, damage caused by computer virus or malicious code, reputational damage, or any secondary, special, consequential or indirect loss; (iii) our total maximum aggregate liability under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, including any indemnity or contribution, shall in all circumstances be limited to five hundred pounds sterling (GBP £500). Notwithstanding the clauses above, nothing in this EULA shall limit or exclude our liability for any liability that cannot be excluded or limited by applicable law.
- 5.4 We have no liability whatsoever for any claims relating to any data you provide or breaches of any applicable laws, regulations or codes of practices in relation to any payment data included within data that you provide, where such data is not hosted by us.
- SUSPENSION AND TERMINATION
- 6.1 We will determine, in our discretion, whether there has been a breach of this EULA through your use of our Services. When a breach of this EULA has occurred, we may take such action as we deem appropriate.
- 6.2 Failure to comply with any provision of this EULA constitutes a material breach of contract and may result in us:
- 6.2.1 immediately (whether temporarily or permanently) withdrawing your access to our Services;
- 6.2.2 immediately (whether temporarily or permanently) removing any posting or material uploaded by you to our Services;
- 6.2.3 issuing a warning to you;
- 6.2.4 taking legal proceedings against you for the reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- 6.2.5 taking further legal action against you; and
- 6.2.6 disclosing such information to law enforcement authorities either as required or as we reasonably feel is necessary.
- 6.3 We exclude all liability for our actions taken in response to your breaches of this EULA. The responses described in this EULA are not limited, and we may take any other action we reasonably deem appropriate.
- USE BY MINORS
The use of any of our Services by anyone under the age of 18 is prohibited. Any account holder registering on behalf of a minor or permitting the use of their account by a minor shall be in breach of this EULA.
- CHANGES TO THIS EULA
We keep the EULA under review and may change the terms from time to time to reflect changes in law or best practice, or to deal with changes or additional features which we introduce to the Services. Any change to the EULA will be notified to you on logging in to use the Services and from the date you accept the new EULA the new terms shall apply to your continued use of the Services. If you do not accept any changes made to the EULA, You cannot continue to use the Services, and must immediately cease using the Services.
- APPLICABLE LAW
This EULA shall be governed by the laws of England and Wales and the courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under this EULA.
You may contact us in relation to any queries you have in relation to this EULA or any documents referred to in it. Please direct all queries to Skyjunxion DMCC of Jumeirah Lakes Towers, P.O. Box: 338003, Dubai, United Arab Emirates.
Dated: 22 February 2023