TERMS OF USE

Please read the following terms and conditions carefully before using this site (the “Terms”).

08/02/2018

What’s in these Terms?

These Terms tell you the rules for using our website and provide you with pertinent information on the areas listed below:

  • Who we are and how to contact us;
  • By using our Site, you accept these terms;
  • There are other terms that may apply to you;
  • We may make changes to these terms
  • We may make changes to our Site or the WingX Marketplace;
  • We may suspend or withdraw our Site or access to the WingX Marketplace;
  • You must keep your account details safe;
  • Transmissions and communications over the Site;
  • How you may use material found on our Site or the WingX Marketplace;
  • Do not rely on information on our Site;
  • We are not responsible for websites we link to;
  • User-generated content is not approved by us;
  • No warranty;
  • When we are responsible for loss or damage suffered by you;
  • Uploading content to our Site and the WingX Marketplace;
  • Rights you are giving us to use material you upload
  • We are not responsible for viruses and you must not introduce them;
  • Rules about linking to our Site or referencing the WingX Marketplace;
  • Which country’s laws apply to any disputes; and
  • Our rights to the intellectual property in the Site and WingX Marketplace.

These Terms strictly apply to the end-users availing themselves of our services.

Separate terms apply to our registered Tour and Travel Guide Members.

  • Who we are and how to contact us

(the “Site”) is a site operated by Karibuni WingX Ltd (“We”; “Us”; “Our” or “WingX”), and which connects and links to an online platform for booking, hiring and providing travel guide and other travel related services (the “WingX Marketplace”).We are registered in Malta under company number C79910 and have Our registered office at Whitehall Mansions, Level 2, Ta’ Xbiex Seafront, Ta’ Xbiex XBX 1026. Our main trading address is  Whitehall Mansions, Level 2, Ta’ Xbiex Seafront, Ta’ Xbiex XBX 1026. Our VAT number is MT24207823.

We are a limited liability company.

Kindly read Our flyer for a description of the services that We provide.

To contact Us, please email info@wingx.global.

  1. By using our Site, you accept these Terms

By using Our Site, you confirm that you accept these Terms and that you agree to comply and be legally bound by them, which shall take effect immediately upon your first use of Our Site.

We recommend that you take the time to familiarise yourself with the contents of these Terms, and that you print a copy for future reference.

If you do not agree to these Terms, you must not use or access Our Site.

  1. There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of the Site and WingX Marketplace:

  1. Our Privacy Policy which sets out the particular terms on which We process any personal data that We collect from you, or that you provide to Us.
  2. Our Acceptable Use Policy which sets out the standards that need to be adhered to when making use of Our Site and/or WingX Marketplace.
  3. Our IP Address and Cookie Policy   which sets out information about the cookies on Our Site and the manner in which We collect and use your IP Address.

In addition, Our Terms of Service set out the particular terms and conditions on which We provide the services available on the WingX Marketplace to you, including in terms of Our mobile application (which connects and links to this platform) (the “App”).

Please note that, as regards Our Privacy Policy and IP Address and Cookie Policy, a prompt will be provided upon your visit to the Site and/or App for you to provide your separate, distinct consent to those policies and the practices described therein.

  1. We may make changes to these Terms

We may amend these Terms from time to time by posting notice of the changes online. Every time you wish to use the Site, please check these Terms to ensure you understand the terms that apply at that time and that you are aware of any changes which have been made by Us.

Your continued use of the Site, once notice of the relevant changes has been posted, signifies your acceptance of the amended Terms and your agreement to be legally bound by them (as revised or updated).

These Terms were most recently updated on 08/02/2018.

  1. We may make changes to our Site or the WingX Marketplace

We may update and change the Site and/or the WingX Marketplace from time to time to reflect Our users’ needs and Our business priorities.

We will try to give you reasonable notice of any major changes.

  1. We may suspend or withdraw our Site or access to the WingX Marketplace

We do not guarantee that the Site, the WingX Marketplace, or any content contained or found on them, will always be available or be uninterrupted.

We may suspend or withdraw or restrict the availability of all or any part of the Site and/or the WingX Marketplace for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access the Site or the WingX Marketplace through your internet connection or mobile device are aware of these Terms and other applicable terms and conditions, and that they comply with them.

  1. You must keep your account details Safe

If you choose, or you are provided with, a username, password, or any other piece of information as part of Our security procedures, especially in respect of any account registration, you must treat such information as strictly confidential.

You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify Us at .

  1. Transmissions and communications over the Site

The Site provides a communication functionality which, in brief, enables you to get in contact and communicate with tourist and travel guides, as well as other travel service providers, featured on the WingX Marketplace.

With this in mind, please be aware that internet transmissions and data transmissions are never completely private or secure and that any message or information which you send over our Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Though We strive to ensure that such transmissions are private and secure, this cannot be guaranteed and We shall not be liable in any manner whatsoever for any defaults.

  1. How you may use material found on our Site or WingX Marketplace

We are the owner or the licensee of all intellectual property rights in the Site and the WingX Marketplace, as well as the material published on them (including any logos or content). The Site, the WingX Marketplace, together with such material, are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Site and the WingX Marketplace, and store these in any medium for your own personal, non-commercial use.

Moreover, you may also draw the attention of others (including those within your organisation or firm) to the Site and/or the WingX Marketplace, and the material published on them.

You may not, however, copy (except as expressly stated otherwise), broadcast, transmit, show, perform or communicate to the public any of the content found on the Site and/or the WingX Marketplace for any other purpose whatsoever, without Our prior written permission.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of the content on the Site and the WingX Marketplace must always be acknowledged.

You must not use any part of the content found on the Site or the WingX Marketplace for commercial purposes without obtaining a licence to do so from Us or Our licensors.

If you print off, copy or download any part of the Site (including any part of the material or content found on it) in breach of these Terms, your right to use the Site, the WingX Marketplace and Our corresponding App will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.

  1. Do not rely on information on our Site

Although we make reasonable efforts to update the information found on the Site and the WingX Marketplace, We make no representations, warranties or guarantees, whether express or implied, that such content (or any part thereof) is accurate, complete or up-to-date.

  1. We are not responsible for websites we link to

Where the Site or WingX Marketplace contains links to other sites and resources provided by third parties, these links are provided for your information only.

Such links should not be interpreted as approval by Us of those linked websites or the information you may obtain from them.

We have no control over the contents of those sites or resources.

  1. User-generated content is not approved by us

The Site and/or the WingX Marketplace may include information and materials which has been uploaded by other users. By way of example, users can post reviews of the tour guides or travel service providers whose particular services they have hired by means of the WingX Marketplace.

This information and these materials have not been verified or approved by Us. The views expressed by such other users (including, in terms of reviews) do not represent Our views or values. If you wish to complain about information and materials uploaded by other users please contact us on .

  1. No Warranty

You acknowledge that neither the Site nor the WingX Marketplace, have not been designed or developed to meet your particular, individual needs.

Thus, to the maximum permitted under applicable law, you accept that the Site and WingX Marketplace are being made available to you “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind.

We hereby disclaim all warranties and conditions with respect to the Site and WingX Marketplace, whether express, implied or statutory, including, but not limited to, warranties relating to their performance, quality and merchantability or their fitness for a particular purpose or their non-infringement of third party rights.

You also acknowledge that We do not warrant against interference with your enjoyment of the Site and WingX Marketplace, that the functions contained in, or services performed or provided by the Site and WingX Marketplace will meet your requirements and/or achieve the intended results, that the operation of the Site and WingX Marketplace will be uninterrupted or error-free, that the Site and WingX Marketplace will be compatible or work with any third-party software, applications or third-party services, or that Site and WingX marketplace will be corrected.

You also acknowledge and unconditionally accept the risk that the use of the Site and/or WingX Marketplace may affect the usability of third party software or applications, and that the entire risk as to their quality and performance lies solely with you.

No oral or written information or advice that may be furnished by Us or any of Our authorised representatives shall, under any circumstance, be construed as a departure or deviation from the above disclaimers.

  1. Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way Our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Our negligence or the negligence of Our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the use Our Site and/or App, and/or the services connected to through them (namely, the WingX Marketplace), which will be set out in our Terms of Service .

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or WingX Marketplace, or any content on them.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, the Site or WingX Marketplace,
  • use of or reliance on any content displayed on the Site or WingX Marketplace.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only make the Site and WingX Marketplace available to you for personal, non-commercial use. You agree not to use the foregoing for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  1. Uploading content to our Site and the WingX Marketplace

Whenever you make use of a feature that allows you to upload content onto the Site or WingX Marketplace, you must comply with the content standards set out in Our Acceptable Use Policy .

You warrant that any such contribution does comply with those standards, and you will be liable to Us and indemnify Us for any breach of that warranty. This means you will be responsible for any loss or damage We suffer as a result of your breach of warranty.

Any content which you upload onto the Site or WingX Marketplace will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us, for the duration that the content remains uploaded on either the Site or WingX Marketplace (whichever is the longer of the two), a non-exclusive, royalty-free licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you onto the Site or WingX Marketplace constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any of your posts from the Site or WingX Marketplace if, in Our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

  1. We are not responsible for viruses and you must not introduce them

We do not guarantee that the Site or WingX Marketplace will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access the Site or WingX Marketplace.

You should use your own virus protection software.

You must not misuse the Site or WingX Marketplace by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site or WingX Marketplace, the server on which they are stored or any server, computer, device or database connected to the Site or WingX Marketplace. You must not attack the Site or WingX Marketplace (or any other site or mobile app connected to them) via a denial-of-service attack or a distributed denial-of service attack.

Further, you may not

  1. use any robot, spider, scraper, or other automated means to access the Site or WingX marketplace for any purpose; and
  2. harvest or otherwise collect user information which is found on the Site or WingX Marketplace.

We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site or App (if downloaded), and/or access and use the WingX Marketplace will cease immediately.

  1. Rules about linking to the Site or referencing the WingX Marketplace

You may link to the home page of the Site or reference the WingX Marketplace, provided you do so in a way that is fair and legal and does not damage our reputation or take (or attempt to take) advantage of it, whether without due cause or otherwise.

You must not establish a link, or reference the WingX Marketplace, in such a way as to suggest any form of approval or endorsement on Our part, or an affiliation or association with Us or sponsorship by Us, where none exists.

You must not establish a link to the Site or WingX Marketplace in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on the Site or WingX Marketplace other than that set out above, please contact info@wingx.global.

  1. Which country’s laws apply to any disputes?

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Maltese law. You and We both agree that the courts of Malta will have exclusive jurisdiction.

If you are a business user, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Maltese law. We both agree that the Maltese Courts shall exclusive jurisdiction to hear all disputes.

  1. Our Intellectual Property

You are not permitted to use Our intellectual property rights without our express prior approval, unless they form part of material that you are using as permitted under ‘How you may use material on Our Site’ (as set out above).