TERMS OF USE
Welcome to theflygeek
Welcome to the theflygeek platform (the “Site”). We own and operate this Site at theflygeek.com. Please read the following Terms of Use carefully before using this Site or opening an theflygeek account (“Account”) so that you are aware of your legal rights and obligations with respect to theflygeek.
1. ACCEPTANCE OF TERMS
1.1 Your use of this Site is subject to these Terms of Use. By using the Site, you are deemed to have accepted and agree to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time. We may notify you of such changes by any reasonable means, including by posting the revised version of these Terms of Use on the Site. Your use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.
2. ABILITY TO ACCEPT TERMS OF USE
2.1 You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
3. SITE ACCESS
3.1 You are responsible for all access to the Site using your internet connection, even if the access is by another person.
3.2 We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Site.
4. ACCESS TO SITE OUTSIDE OF SINGAPORE
4.1 We make no promise that the materials on the Site are appropriate or available for use in locations outside Singapore. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
5. YOUR USE OF THE SITE
5.1 Your permission to use the Site is personal to you and non-transferable, and you may not use the Site for commercial purposes. Your use of the Site is conditional on your compliance with the rules of conduct set forth in these Terms of Use and you agree that you will not:
5.1.1 Use the Site for any fraudulent or unlawful purpose;
5.1.2 Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
5.1.3 Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Site or express or imply that we endorse any statement you make;
5.1.4 Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available or violate any requirements, procedures, policies or regulations of such networks;
5.1.5 Transmit or otherwise make available in connection with the Site any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
5.1.6 Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
5.1.7 Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site. If you wish to reverse engineer any part of the Site to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
5.1.8 Remove any copyright, trade mark or other proprietary rights notice from the Site or materials originating from the Site;
5.1.9 Frame or mirror any part of the Site without our express prior written consent;
5.1.10 Create a database by systematically downloading and storing Site content;
5.1.11 Use any manual or automatic device in any way to gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service.
5.2 We reserve the right to revoke these exceptions either generally or in specific instances.
6. Purchase and Payment
You should carefully read the item detail page and review information such as price, option, delivery charges and the Cancellation, Return and Refund terms before purchasing an item.
We take no responsibility and assume no liability for any loss or damages to you arising from delivery information and/or your information entered by the you or wrong remittance by you in connection with the payment for the items purchased. We reserve the right to check whether you are duly authorized to use certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.
7. Cancellation, Return and Refund
7.1 You may cancel purchases at any time when the order is being processed. Once the order is completed, purchases will be subject to the Terms of Return.
7.2 You may request for return of purchased items at any time within 7 days from the date of receipt.
7.3 Return costs shall be borne by the party attributable to the return request, such as:
7.3.1 – We, where the return is due to the defects in the item, delivery delay or delivery of the wrong or different item; and
7.3.2
– You, where the return is due to your change of mind. Any item that you wish to return must be in the same condition you received it, and in the original packaging.
Upon completion of the cancellation or the return process, we shall refund the amount back to the same credit card used during purchased.
8. DISCLAIMER
8.1 THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY THEFLYGEEK OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SITE AND SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, THEFLYGEEK DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
8.2 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
8.3 Some jurisdictions do not allow the disclaimer of implied warranties, so some or all of the foregoing disclaimers may not apply to you.
9. THIRD PARTY WEBSITES
9.1 The Site may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By accessing the Site, you agree that theflygeek shall not be liable in any manner due to your use of, or inability to use, any third-party feed, website or widget. You further acknowledge and agree that theflygeek may disable your use of, or remove, any third party links, third party feeds, or applications on the Site and/or Services to the extent they violate these Terms of Service.
10. INTELLECTUAL PROPERTY
10.1 The intellectual property rights in the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors. You may not print or otherwise make copies of any such content without our express prior permission.
11. LIMITATION OF LIABILITY
11.1 We provide the Site on an “as is” basis and make no representations as to the quality, completeness or accuracy of any content made available on the Site. To the maximum extent permitted by law, we expressly exclude:
11.1.1 All conditions, warranties and other terms that might otherwise by implied by law into these Terms of Use; and
11.1.2 Any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.
11.2 The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded.
12. INDEMIFICATION
12.1 To the fullest extent permitted by law, you agree to indemnify and hold harmless theflygeek, its directors, employees, affiliates, and agents from and against any and all claims, demands, losses, expenses, damages, and costs, including legal fees, resulting directly or indirectly from or arising out of your:
12.1.1 violation of these Terms of Use;
12.1.2 use of any of the Services;
12.1.3 use of the Site; and/or
12.1.4 use of any of the content made available on the Site
13. COLLECTION OF PERSONAL INFORMATION
13.1 We may collect and use information about you in accordance with our privacy policy.
14. DURATION OF TERMS
14.1 These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.
15. GOVERNING LAW
15.1 These Terms of Use will be governed by and construed in accordance with the laws of Singapore, and the courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.
Last modified: 13 June 2020