Terms & Conditions

Terms & Conditions

 

 

Terms and Conditions

 

1.      Introduction

Welcome to MyleFly.com (the "Site") provided by MyleFly Ltd. (hereafter referred to as "MyleFly", "we", "us", or "our"). Please read the following Terms of Use (the "Terms of Use") carefully before using this Site, so that you are aware of your legal rights and obligations with respect to MyleFly. MyleFly provides an online automated platform, accessible through the Site, that enables frequent flyers who wish to sell their miles/Miles to trade with potential purchasers of flight tickets in order for the latter to benefit from bonus flights tickets (the "Services" and "Platform" as applicable).

By using the Site and Services and/or products provided via the Site, you signify your irrevocable acceptance of these Terms of Use. MyleFly has the right to revise these Terms of Use at any time without providing notice to its users. Your continued use of the Site and/or any services and/or products provided on the Site shall be deemed irrevocable acceptance of those revisions. MyleFly reserves the right to change, modify, suspend or discontinue any portion of the Site at any time. MyleFly may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

PLEASE READ THESE TERMS OF USE AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.

MyleFly enables the trading of bonus tickets between buyers and sellers in a way that fully automates the process in addition to creating the business model of this new type of flight ticket which was not tradable up until today.

There are airlines who forbid their frequent flyers from selling loyalty program miles/Acquired Miles. Therefore before attempting to use the Services you must review the FFP Terms before registering to the Services. MyleFly disclaims any responsibility and/or liability regarding any sanction, claim or demand made by an airline or any third party regarding breach of FFP Terms.

This website and its services are not endorsed, sponsored, affiliated or associated with any airline carrier unless specifically stated otherwise.

2.      Key Terms

A "Frequent-Flyer Program" or "FFP"is a loyalty program offered by many airlines pursuant to which, airline customers enrolled in the program accumulate frequent-flyer Miles.

"FFP Terms" the terms and conditions applying to such FFP.

"Miles" (kilometers, points, segments) is the currency acquired by FFP Enrollees that is typically corresponding to a unit that is derived from the distance and class flown on that airline or its partners. Acquired Miles can be redeemed to free air travel; for other goods or services; or for increased benefits, such as travel class upgrades, airport lounge access, or priority bookings.

"Acquired Miles" is the number of Miles acquired by a FFP Enrollee that may be exercised into flying ticket/s.

"FFP Enrollee" a person enrolled in a FFP.

"Seller" is entity FFP Enrollee who wishes to sell its Acquired Miles (or any portion thereof) via the Services.

"Buyer" is a person who wishes to use the Services to purchase flight tickets that are generated from Miles.

"Bonus Ticket" is a flight ticket redeemed by the Seller’s Acquired Miles.

3.      Modification

MyleFly reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

4.      Eligibility

The Site and Services are intended solely for natural persons of legal capacity who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are a natural person of legal capacity and 18 or older.

5.      Account Registration

5.1.   In order to access the Services and certain features of the Site, you must register to create an account ("MyleFly Account") and become a Registered Member. You may register to join the Services directly via the Site or as described in this section.

5.2.   You can also register to join by logging into your account with certain third party social networking sites ("SNS") (including, but not limited to, Facebook and Google+); each such account, a "Third Party Account", via our Site as described below. As part of the functionality of the Site and Services, you may link your MyleFly Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to MyleFly through the Site or Services; or (ii) allowing MyleFly to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to MyleFly and/or grant MyleFly access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating MyleFly to pay any fees or making MyleFly subject to any usage limitations imposed by such third party service providers. By granting MyleFly access to any Third Party Accounts, you understand that MyleFly will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account ("SNS Content") so that it is available on and through the Site and Services via your MyleFly Account. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Registered Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your MyleFly Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable or MyleFly's access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your MyleFly Account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Site. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. MyleFly makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and MyleFly is not responsible for any SNS Content.

5.3.   We will create your MyleFly Account for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You will provide us with your personal identification details such as name, surname, age, address, telephone number e-mail information and such other details and if you are enrolled as a Seller then your FFP login information.

5.4.   You may not have more than one (1) active MyleFly Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. MyleFly reserves the right to suspend or terminate your MyleFly Account and your access to the Site and Services if you create more than one (1) MyleFly Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.

5.5.   You are responsible for safeguarding your MyleFly account password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your MyleFly Account, whether or not you have authorized such activities or actions. You will immediately notify MyleFly of any unauthorized use of your MyleFly Account.

6.      Sale and Purchase of Bonus Tickets

6.1.   Seller may designate all the Acquired Miles (or a specific number of Acquired Miles) as intended for sale ("Sellable Miles") and the price required for each Sellable Mile ("Price per Mile" or "PPM"). The PPM may be determined by Seller (i) as a fixed PPM within the range of prices determined by MyleFly for each airline program ("PPM Range"); or (ii) automatically by the Platform within the PPM Range. The designation of Sellable Miles and the PPM Range may be revocable until a Notice of Sale has been issued to Seller ("Seller's Offer").

6.2.   MyleFly doesn't guarantee that Miles are sold through our platform and Sellers should be aware of expiration dates of its FFP Miles assuming its airline have set an expiration period in its FFP.

6.3.   MyleFly may sell a Bonus Ticket from one account therefore may not be able to sell Miles that are not sufficient to redeem a full bonus ticket.

6.4.   Buyer may initiate a search for a flying ticket via the Platform. If the search was successful, the Platform will generate one or a number of results that comply with the search ("Results"). By clicking the purchase button opposite to any of the results, the Buyer will be directed to the registration form and if the Buyer is already registered under a MyleFly Account, such Buyer will be required to provide the specific details applicable to such purchase, including but not limited to, passenger's details and payment details ("Flight Details") and will be required to accept this Terms of Use.

6.5.   Following completion of the registration process and providing the Flight Details: (i) the Platform will issue a notice to the respective Seller regarding the sale of such portion of Sellable Miles required to redeem the flying ticket for the respective Buyer and the applicable PPM ("Notice of Sale"); and (ii) Buyer irrevocably undertakes to purchase the flying tickets for the price so quoted ("Quoted Price") and in accordance with the terms so presented.

6.6.   Buyer undertakes and warrants that following the issuance of a Notice of Sale: (i) Buyer will not attempt to change the details of the flight ticket so purchased; and (ii) Buyer will make the payment of the Quoted Price to the MyleFly in accordance with the terms of the Notice of Sale.

6.7.   Seller undertakes and warrants that following the issuance of a Notice of Sale, Seller shall not attempt to cancel the flight ticket so purchased under the Notice of Sale.

7.      Fees and payments

7.1.   MyleFly charges a fee to each transaction of purchase a flight ticket via the Platform ("Fees"). The Fees will be deducted from the payment of the Quoted Price made by Buyer, and Buyer hereby irrevocably agrees to the deduction of the Fees from payments made to MylFly on account of a purchase made by Buyer via the Platform. The Fees may be varied from purchase to purchase and determined solely by MyleFly, provided however that the Fees are already included in the Quoted Price by MyleFly for the flight purchased by Buyer. The Fees, PPM and algorithms are trade secrets of MyleFly and you shall not disclose them to any third party.

7.2.   MyleFly will collect the Quoted Price and will transfer to the Seller a payment based on the number of Miles so redeemed multiplied by the applicable PPM ("Seller's Fees"). Seller's Fees will be transferred to Seller following the lapse of two business days from arrival of Buyer at the destination and if Buyer purchased a round trip flight ticket, then following the lapse of two business days from return to the departure destination.

7.3.   MyleFly may withhold the Seller's Fees for seven (7) days following the departure date for one way ticket of arrival date for a round trip ticket in order to guarantee the ticket's validity.

7.4.   MyleFly does not guarantee that the prices published on the Site are lower than the market value. Seller and Buyer are advised to conduct a market search prior to entering a transaction.

7.5.   The exchange rate and the commissions for the money transfers are set according to external common payment methods used (Credit card and Ewallet companies) therefore we have no control or responsibility for those rates.

8.      Sellers' Obligations

      Seller represents and warrants to MyleFly that Seller:

8.1.   Will bear the costs, expenses and commissions charged by E-wallet companies (PayPal, Google Wallet, Billeo, WebMoney etc).In case of a refund to the Buyer, Seller will bear 100% of the money transfer costs and will refund all Buyer's related costs.

8.2.   Will give MyleFly free access to Seller's FFP accounts and/or their agents. Seller undertakes not to change the access information to the FFP accounts without updating your MyleFly Account as long as there is an outstanding flight ticket that was redeemed by MyleFly from the FFP accounts and for which the departure date has not arrived yet. Seller hereby grants to MyleFly a right to redeem Miles from Seller's FFP and to ticket and deliver the underlying flight ticket to the respective Buyer in the name of Seller.

8.3.   Not to interfere in any way with the Miles redemption process.

8.4.   To return to MyleFly any money received on account of redeemed Miles in respect of which a flight ticket was cancelled.

8.5.   Will report to MyleFly immediately upon being aware of any problem that is related to the issuance or exercise of a Bonus Ticket.

9.      Buyers' Obligations and Rights

      Buyer represents and warrants to MyleFly that:

9.1.   The information provided by Seller is complete and accurate. Buyer acknowledges that inaccurate information may lead to dishonor of the flight ticket by the respective airline.

9.2.   Buyer will not attempt to cancel any flight ticket purchased via the Services.

9.3.   It agrees and acknowledges that (i) it is Buyer's sole responsibility to validate the flight in accordance with the airline carrier policies; and (ii) any problem related to the flight following the issuance of the flight ticket will be address to the respective airliner.

9.4.   Buyer will immediately report to MyleFly of any problem with the transaction or any suspected fraud. Buyer acknowledges that MyleFly shall not be held responsible for any refund of funds paid by Buyer.

10.      User Conduct

      You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:

10.1.   violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

10.2.   use manual or automated software, devices, scripts robots, other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Services or Content;

10.3.   use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;

10.4.   copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;

10.5.   infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

10.6.   interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

10.7.   use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

10.8.   use our Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;

10.9.   "stalk" or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an MyleFly Buyer or Seller;

10.10.   offer, as a Seller, any Miles that you do not yourself own or have permission to use;

10.11.   offer, as a Seller, any Miles that may not be redeemed or assigned pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, FFP Terms;

10.12.   register for more than one MyleFly Account or register for a MyleFly Account on behalf of an individual other than yourself;

10.13.   impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

10.14.   use the Site and Services to find a Seller or Buyer and then complete a Purchase/Sale of Miles transaction independent of the Site or Services in order to circumvent the obligation to pay any Fees related to MyleFly's provision of the Services;

10.15.   as a Seller, submit any Seller's Offer with a false or misleading price information, or submit any Seller's Offer with a PPM, PPM Range or Sellable Miles that you do not intend to honor; or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

10.16.   use, display, mirror or frame the Site or any individual element within the Site, Services, MyleFly's name, any MyleFly trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MyleFly's express written consent;

10.17.   attempt to probe, scan, or test the vulnerability of any MyleFly system or network or breach any security or authentication measures;

10.18.   avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by MyleFly or any of MyleFly's providers or any other third party (including another user) to protect the Site, Services or Content;

10.19.   attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Content; or

10.20.   advocate, encourage, or assist any third party in doing any of the foregoing.

   MyleFly will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. MyleFly may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that MyleFly has no obligation to monitor your access to or use of the Site, Services or Combined Content or to review or edit any Registered Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. MyleFly reserves the right, at any time and without prior notice, to remove or disable access to any Content that MyleFly, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

 

11.      Disclaimers

IF YOU CHOOSE TO USE THE SITE, SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MYLEFLY DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY REGISTERED MEMBER, INCLUDING, BUT NOT LIMITED TO, BUYERS AND SELLERS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, PLATFORM, SERVICES AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYLEFLY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MYLEFLY MAKES NO WARRANTY THAT THE SITE, SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MYLEFLY OR THROUGH THE SITE, SERVICES OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

MYLEFLY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, SELLERS AND BUYERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MYLEFLY.

MyleFly shall not be held responsible for any errors or problems in respect of any flight ticket booked via the Services. Any such queries should be addressed to the airline rather than to MyleFly.

12.      Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND CONTENT, YOUR SALE OF MILES OR PURCHASE OF FLIGHT TICKETS VIA THE SITE AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MYLEFLY WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MYLEFLY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES OR FROM THE SALE OF MILES OR PURCHASE OF FLIGHT TICKETS VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MYLEFLY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL MYLEFLY'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM THE SALE OF MILES OR PURCHASE OF FLIGHT TICKETS VIA THE SITE AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES, OR CONTENT OR INTERACTIONS WITH ANY OTHER REGISTERED MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE AND SERVICES AS A BUYER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A SELLER, THE AMOUNTS PAID BY BUYERS TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MYLEFLY AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

13.      Links

13.1.   The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that MyleFly is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by MyleFly of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

13.2.   We may provide through the Site and Services information and/or services provided by third parties. Such third party's information may be in languages other than English. MyleFly shall not be held responsible for such third party's information, its accuracy, the third party's ownership of such information or otherwise. Your use of any such information is at your own responsibility and MyleFly shall not be liable for any damages caused by using such information, nor shall MyleFly be liable for any third party proprietary rights infringement by such information.

14.      Proprietary Rights

All trademarks, service marks, logos, trade names and any other proprietary designations of MyleFly used herein are trademarks or registered trademarks of MyleFly. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. You hereby agree and irrevocably assign all rights to your information and content posted or collected on the Site to MyleFly and its subsidiaries. You hereby waive any right for privacy on the content published, posted, collected or registered by the website and/or by MyleFly or its agents. MyleFly reserves the right to study, collect, use or sell the information posted, registered, collected or studied from the users of the Site for commercial purposes

15.      Termination and MyleFly Account Cancellation

15.1.   We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your MyleFly Account.

15.1.   In the event MyleFly terminates these Terms, or your access to our Site and Services or deactivates or cancels your MyleFly Account you will remain liable for all amounts due hereunder. You may cancel your MyleFly Account at any time via the “Cancel Account” feature of the Services or by sending an email to info@mylefly.com. Please note that if your MyleFly Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services.

16.      Indemnification

You agree to release, defend, indemnify, and hold MyleFly and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against ANY claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Content or your violation of these Terms; (b) your Content; and (c) your (i) interaction with any Registered Member, (ii) purchase or sell of a flight ticket, (iii) creation of a Seller's Offer, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your use of the Site and/or the Sevices.

17.      No Spam

17.1.   "Spam" is any unsolicited email or mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material. Spam is also the publishing of commercial messages on our forums, and any electronic harassment and/or any behavior that prevent our user from fully enjoying the website.

17.2.   It is forbidden for users to use the website as a spam tool. Any user who uses or assists others to use the website to send spam will compensate MyleFly for each message or each harassment, by paying MyleFly a sum not less than $1,000 per message or a sum equal to the actual proven damage, if higher.

18.      18. Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between MyleFly and you regarding the Site, Services, Content, and any bookings of flight tickets made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MyleFly and you regarding bookings of flight tickets, the Site, Services and Content.

19.      Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without MyleFly's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. MyleFly may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

20.      Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by MyleFly (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

21.      Controlling Law and Jurisdiction

By accessing this Site and using the Services, you agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of the State of Israel, without giving effect to any principles of conflicts of law and You irrevocably submit to the exclusive jurisdiction of the courts of Tel Aviv-Jaffa, Israel.

22.      General

The failure of MyleFly to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MyleFly. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

 

 

 

 

 

 

 

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