Fly Jamaica Airways Website Terms and Conditions
1. Agreement between Fly Jamaica Airways and You
1.1. By accessing, using, providing or obtaining any content from the Fly Jamaica Airways Website you warrant that you are at least eighteen (18) years of age and possess the authority to create/enter into legally binding obligations; you agree to be bound by these Terms and Conditions without modification; and you agree to use the Fly Jamaica Airways Website in strict compliance with applicable laws, rules, and regulations, and in a manner that does not negatively impact the goodwill or reputation of Fly Jamaica Airways.
1.2. Please read these Terms and Conditions carefully. By accessing and using this Website you accept the terms and conditions applicable to the use of the Website. This Website is maintained solely for the purpose of providing you with information related to our travel services and to facilitate lawful purchases of the Fly Jamaica Airways’ travel services.
1.3. Fly Jamaica Airways reserves the right to change these Terms and Conditions at any time without notice or liability.
1.4. Fly Jamaica Airways reserves the right to terminate or restrict your access to the Fly Jamaica Airways Website at any time without notice or liability.
2.1. “Affiliate” means Fly Jamaica Airways’ licensors, suppliers, information providers, and travel and leisure service providers. “Fly Jamaica Airways” or “we” means Fly Jamaica Airways Limited.
2.2. “Content” means the text, documents, information, data, articles, images, photographs, graphics, frame and border, software, applications, video and audio recordings, designs, features, and other materials made available by Fly Jamaica on the Fly Jamaica Airways Website. “Content” also includes Marks and Services.
2.3. “Fly Jamaica Airways Website” means the www.fly-jamaica.com website, its respective sub domains, and any other website owned, operated and/or controlled by Fly Jamaica Airways Limited, together with the respective Content, Marks and Services available from these sites or sub domains.
2.4. “Mark” means trademark, trade name, service mark, logo, custom graphic, image, icon, video or audio recordings owned by Fly Jamaica Airways Limited.
2.5. “Purchase” includes book, reserve or purchase.
2.6. “Services” means air travel and other products and services which may from time to time be available through the Fly Jamaica Airways Website.
3. Scope of these Terms and Conditions
4. Ownership of Fly Jamaica Airways Intellectual Property
4.1 The Fly Jamaica Airways Website is the sole and exclusive property of Fly Jamaica and Fly Jamaica retains all right, title, and interest in the Fly Jamaica Website.
4.2. The Fly Jamaica Airways Website is protected by copyright, trademark, competition, intellectual property and other local laws and international treaties. Any unauthorized use, reproduction, or modification of the Fly Jamaica Website may violate such laws
4.3. Fly Jamaica Airways Limited, Fly Jamaica Airways, Fly-Jamaica and other Marks that appear or are displayed or used on the Website are registered or unregistered trademarks or service marks of Fly Jamaica Airways Limited or Affiliates. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Fly Jamaica Airways Limited or the relevant trademark owner. Under no circumstances may Fly Jamaica Airways’ Marks be used in connection with any product or service that is not offered by Fly Jamaica Airways, in any manner that is likely to cause confusion among customers, or in any manner that reflects adversely on Fly Jamaica Airways.
5. License Granted by Fly Jamaica to You
5.1. Fly Jamaica Airways grants you a limited, personal, nonexclusive, nontransferable, revocable license to access and use the Fly Jamaica Airways Website as expressly permitted in these Terms and Conditions.
5.2. Except for this limited license and as otherwise set forth in these Terms and Conditions, Fly Jamaica Airways does not grant you any other rights or license with respect to the Fly Jamaica Website.
5.3. You agree that you will use the Fly Jamaica Airways Website only to gather information about the Services and/or to make lawful purchases for you or for another person for whom you are authorized to act.
6. Limitations on Your Use of the Fly Jamaica Airways Website
6.1. You may copy, display, or print one copy of any portion of the content of this Website. However, you shall not modify the content in any manner whatsoever, and you must include the Fly Jamaica Airways copyright notice in the form: “© Fly Jamaica Airways 2011. All rights reserved”. You may not resize, upload, post, display, distort, add to, republish, distribute, delete or transmit any part of the Content in any form. You may not modify, translate into any language or computer language, or create derivative works from or reverse engineer any Content or any part of the Fly Jamaica Airways Website. You may not sell, offer to sell, transfer, or license any portion of the Fly Jamaica Airways Website or the Content in any form to any third parties. You may not access, copy, acquire, or monitor any Content by using any process, manual or automatic, without first obtaining the prior written consent of Fly Jamaica Airways.
6.2. You may use Fly Jamaica Airways Website for personal, non-commercial use only. You shall not use the Fly Jamaica Airways Website for the purpose of distributing, disseminating, posting, or publishing any information or material that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on the basis of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, sexual orientation, union or nonunion affiliation, or any other basis protected by law; distribute, disseminate, post, or publish any indecent, infringing, libelous, obscene, or unlawful information or material, or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law; distribute, disseminate, post, publish, send, or otherwise disclose confidential information, or any other proprietary data of Fly Jamaica Airways or any other entity or person; distribute, disseminate, post, publish, or otherwise making available any material that infringes any copyright, trademark, or other proprietary rights of Fly Jamaica Airways or any other entity or person; or to abuse, defame, harass, threaten, or otherwise violate the legal rights of others, including but not limited to rights of privacy and publicity or the intellectual property rights or publicity rights of a third party. You agree that you will not otherwise misuse the Fly Jamaica Airways Website or use/access the Fly Jamaica Airways Website in any way that, in Fly Jamaica’s sole judgment, adversely affects the performance or function of the Website, or any other computer systems or network used by Fly Jamaica Airways or its Website users.
7. Your Indemnity Obligation
8. Rights Reserved by Fly Jamaica Airways
8.1. Any rights not expressly granted herein are reserved. Fly Jamaica Airways reserves the right to alter, supplement, delete, update, discontinue, suspend, or modify any aspect of the Website at any time, without prior notice to you. Fly Jamaica Airways makes no commitment to update the information contained on the Website. Fly Jamaica Airways may also change or impose fees for certain services at any time and without prior notice to you. Fly Jamaica Airways does not warrant that the Website will be available at all times and assumes no liability or responsibility for any delay, interruption, or downtime.
8.2. Although Fly Jamaica Airways exercises reasonable efforts to ensure the quality and accuracy of the Content, there may be errors and the information provided may not be complete, current, or applicable to your particular situation. Fly Jamaica Airways assumes no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any Website Content.
8.3. Fly Jamaica Airways makes reasonable attempts to exclude viruses from the Fly Jamaica Airways Website, however, Fly Jamaica Airways cannot ensure that the Fly Jamaica Airways Website will at all times be free from viruses or other destructive software. You are responsible for taking appropriate safeguards before downloading information from the Fly Jamaica Airways Website. Fly Jamaica Airways assumes no liability or responsibility for any damages to computer equipment or other property that may result from use of the Fly Jamaica Airways Website. The Fly Jamaica Airways Website may from time-to-time provide links to other websites. Such links are provided for your reference only. When you click on these links, you are leaving the Fly Jamaica Airways Website and entering a third-party’s website. We are not responsible for such third party websites.
9. Disclaimer of Warranty and Limitation of Liability
10. Communications and Confidentiality
10.1. Any communications you send to the Fly Jamaica Airways Website or otherwise to Fly Jamaica Airways via electronic mail are on a non-confidential basis, and Fly Jamaica Airways is under no obligation to refrain from reproducing, publishing, or otherwise using them in any way and for any purpose.
10.2. You acknowledge and agree that Fly Jamaica Airways will be free to use the content of such electronic mail communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, to include the development, production, and/or marketing of goods or services, without incurring any obligation to you for such use.
11. General Provisions
11.1. The information on the Fly Jamaica Airways Website does not constitute an offer to sell, or the solicitation of an offer to buy any securities, and must not be relied upon in connection with any investment decision.
11.2 Your acceptance of these Terms and Conditions, and your use of the Fly Jamaica Airways Website, does not create a joint venture, partnership, employment, or agency relationship with Fly Jamaica Airways.
11.3. Fly Jamaica Airways may modify, revise, or update these Terms and Conditions, and/or the documents incorporated by reference, at any time, by updating this posting. You may therefore review this page from time to time to view the current Terms and Conditions.
11.4. You agree that the laws of JAMAICA will govern the interpretation of these Terms and Conditions, as well as any dispute arising from your access to, dealing with, or use of the Fly Jamaica Airways Website.
11.5. You may not assign, delegate, or transfer your rights or obligations under these Terms and Conditions.
11.6. These Terms and Conditions make up the entire agreement between Fly Jamaica Airways and you relating to your use of the Fly Jamaica Airways Website, and replace all prior understandings or agreements, whether oral or written, regarding your use of the Fly Jamaica Airways Website. Where a court finds any of these Terms to be unenforceable or invalid, that Term or Condition will be enforced to the fullest extent permitted by applicable law and the other Terms and Conditions will remain valid and enforceable.
11.7. The section headings herein are provided solely for convenience and ease of reference and do not limit or affect these Terms and Conditions.
11.9. All notices, consents, requests, instructions, approvals and other communications to Fly Jamaica Airways provided for herein shall be deemed validly given, made or served if in writing and delivered personally or sent by certified mail, postage prepaid, or by overnight courier, to:
Fly Jamaica Airways Limited, Attention: Customer Relations, 2 Holborn Road, Kingston 10, Jamaica, W.I.
11.10. If Fly Jamaica Airways fails to act with respect to your breach or anyone else’s breach on any occasion, this will not constitute a waiver of Fly Jamaica Airways’ right to act with respect to future or similar breaches.
12. Intellectual Property Protection
12.1. Fly Jamaica Airways respects the intellectual property rights of others, and requires that users of the Fly Jamaica Airways Website also respect the intellectual property rights of others. If you have formed the opinion, acting reasonably, that your work has been copied and posted on or through the Fly Jamaica Airways Website in a way that constitutes trademark or copyright infringement, please send Fly Jamaica Airways a notification of claimed infringement along with all full identification of the copyrighted work claimed to have been infringed, along with information reasonably sufficient to permit us to contact you, including your address, telephone number and email address. Fly Jamaica Airways’ contact information for notification of claimed infringement is as follows: Fly Jamaica Airways Limited, 2 Holborn Road, Kingston 10, Jamaica, W.I. Fax No. 1 -876-9083069, Email: email@example.com