Last Updated: 27 August 2021
1.1 This website and/or mobile app, as updated, fixed, altered or improved from time to time (the “Platform”) is owned and managed by Malaysia Airlines Berhad [Reg. No. 201401040794 (1116944-X)]; a public company incorporated in Malaysia whose registered address is at Level 1, Administration Building, Southern Support Zone (SSZ), Kuala Lumpur International Airport – KLIA, 64000 Sepang, Selangor Darul Ehsan, Malaysia (“Malaysia Airlines”).
1.4 Malaysia Airlines reserves the right to refuse access to you to the Platform and/or Services or to allow you to open an account on the Platform for any reason whatsoever without notice to you.
2.1 The contents of our Platform are intended for your personal non-commercial use only. All materials (including but not limited to articles, footage, text, features, photographs, images, graphics, videos, sound, music, illustrations and/or other audio visuals, also known as the “Content”) published on or uploaded to this Platform by Malaysia Airlines and/or its authorised agents and/or subcontractors are protected by copyright, trademarks or other intellectual property rights, and are owned or controlled by Malaysia Airlines, or the party credited as the provider of the Content.
2.2 Our Platform and its Content are protected by copyrights pursuant to Malaysian and international copyright laws. Unless otherwise allowed herein, you may not copy, reproduce, republish, link to, upload, download, post, modify, transmit or distribute in any manner any content from our Platform without first obtaining prior written consent from us. In the event of breach of this clause, Malaysia Airlines shall reserve all its rights to take the necessary legal actions towards such breach.
2.3 You may however download or copy the Content subject to the following conditions:
- the material is used exclusively for personal non-commercial purposes only;
- all copies must include copyright and other intellectual property notices incorporated into the original material; and
- no licence or right is granted in respect of intellectual property rights reserved by us and/or providers of the Content.
2.4 No information shall be construed as advice and all information is offered only for general information purposes only and shall not be intended for trading purposes in any way whatsoever.
2.5 All submissions, including but not limited to your and/or other user submitted Content, views, reviews, suggestions, recommendations, comments, questions, or opinions (collectively referred to as the “Submissions”) expressed, published, uploaded, shared or otherwise make available on this Platform are those of the individual posting and may not reflect our opinions. We reserve our rights from time to time which we may deemed fit in our sole and ultimate discretion and without giving any reason or prior notice or liability to you or any third party to allow or disallow Submissions expressed, published, uploaded, shared or otherwise make available on this Platform.
2.6 You further agree that your view and/or access to and/or reliance on the Submissions and/or information contained in this Platform shall be at your own risk and that any action and/or decision you make as a result of viewing and/or accessing such Submissions shall be entirely between you and the submissions provider. We expressly disclaim any and all liability in connection with these Submissions. You shall be solely responsible and liable for all submissions you expressed, published, uploaded, shared or otherwise make available on the Platform.
2.7 When you post your views, reviews, suggestions, recommendations, comments, questions, or opinions on the Platform, you shall also grant us the right to use the name that you submit or your username, in connection with such views, reviews, suggestions, recommendations, comments, questions, opinions, or Content.
2.8 For Content that you upload or post on the Platform, you represent, affirm and warrant that: (i) you have all necessary rights to submit your Content to the Platform and grant the licenses set forth herein; (ii) Malaysia Airlines will not need to obtain licenses from any third party or pay royalties to any third party with respect to your Content; (iii) your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) your Content complies with these Terms and Conditions and all applicable laws.
2.9 By uploading your Content, you also grant Malaysia Airlines a limited, worldwide, non-exclusive, royalty-free license and transferable right (with right to sub-license) to use, reproduce, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works and archiving or preserving your Content for disputes, legal proceedings, or investigations. The above licenses will continue unless and until you remove your Content from the Platform, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/ preservation purposes will continue indefinitely.
- Other Sites and Third-Party Merchants
3.1 Our Platform may provide links to other sites and vice versa merely for your convenience and information purposes only. We shall neither be responsible for the accuracy, content and availability of such other sites that may be operated and controlled by third parties, nor for the information, products or services contained on or accessible through those websites. Your access and use of such websites remain solely at your own risk. Malaysia Airlines will not be liable for any direct, indirect, consequential losses and/or damages of whatsoever kind arising out of your access to such sites.
3.2 You acknowledge that there are parties other than Malaysia Airlines (Third Party Merchants) that are listed and selling its products and/or services on the Platform. For clarity, the actual contract for sale for each Third-Party Merchants’ product and/or services on the Platform is entered into directly and only between the Third-Party Merchant and you as the customer. Malaysia Airlines are not a party to that contract and shall accept no obligations or responsibilities in connection with such contract.
- Changes and Modifications
4.1 We reserve the right at our absolute discretion and without liability to:
- change, modify, alter, adapt, add or remove any of the terms and conditions contained herein; and/or
- change, suspend or discontinue any aspect of this Platform.
We are not required to give you any advanced notice prior to incorporating any of the above changes and/or modifications into the Platform.
4.2 You acknowledge that by visiting the Platform from time to time, you shall become bound to the current version of the relevant terms and conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing and understanding the then current version each time you visit the Platform.
- Use of the Platform and/or Services
5.1 Subject to these Terms and Conditions, Malaysia Airlines grants you a limited, non-transferable and revocable license to access and use the Platform and/or Services. Any breach of these Terms and Conditions shall result in immediate termination and/or revocation of such license without notice to you.
5.2 You agree and undertake to access and use this Platform and/or Services in accordance with these Terms and Conditions and only for lawful and proper purposes. You agree to be fully responsible for all matters arising from your usage of this Platform and/or the Services. Further, you shall agree:
- not to use this Platform and/or the Services in any manner which breaches or violates any applicable law or regulation or causes, or which may cause an infringement of any third-party rights;
- not to send, upload, post, transmit or disseminate any information, Submissions and/or Content on or via this Platform which may be harassing, abusive, indecent, threatening, harmful (including media containing viruses), vulgar, obscene, sexually orientated, racially offensive, profane, pornographic, defamatory, or unlawful/ illegal or create liability on Malaysia Airlines’ part;
- not to interfere or attempt to interfere with the operation or functionality of this Platform;
- not to reverse engineer, disassemble, decompile or hack the Platform, or obtain or attempt to obtain any unauthorized access, via whatever means, to any of Malaysia Airlines’ secured internal systems;
and you shall hereby agree to defend, indemnify and hold harmless Malaysia Airlines against any loss, liability, damage or expense of whatever nature which Malaysia Airlines or any third party may suffer which is caused by or attributable to, whether directly or indirectly, from your usage of or your inability to use the Platform and/or the Services, your breach or alleged breach of the these Terms and Conditions or of any representation or warranty contained herein, or your violation of any rights of another.
5.3 Some Services and features available on the Platform may require registration for an account with Malaysia Airlines and should you choose to register an account, you agree to provide accurate and your most current personal information and will promptly update such information as and when there are any changes. As the user of the Platform and account owner, you shall solely be responsible for (i) keeping your passwords and other account identifiers safe and secure; and (ii) all activities that occur under such password or account (even if such activities or uses were not committed by you). In addition, you must immediately notify us of any unauthorized use of your password or account. Malaysia Airlines shall not be liable or responsible, directly or indirectly, for any loss or damage of any kind arising from unauthorised use of our account and/or password or in connection with, your failure to comply with this clause.
5.4 You also agree that Malaysia Airlines may for any reason, in its sole discretion and without giving any reason or prior notice or liability to you or any third party, terminate your account, revoke your access to/ use of the Platform and/or Services, remove, discard, or cancel any Content, Submissions and/or transactions associated with your account, and/or take any other actions that we may deemed necessary. Notwithstanding such termination, revocation, removal, discard, cancellation, and/or necessary actions, you shall remain responsible and liable for any incomplete transactions and/or obligations (including without limitation, payment obligations) and/or previously accrued liabilities.
- Your Suggestions, Comments and Feedback
6.1 Any communication from you sent to our Platform or otherwise to us by electronic mail shall be treated as non-confidential. Your comments, suggestions, questions, feedback and the like regarding the Content, Services and/or our services in general, including any ideas, inventions, concepts, techniques or know-how disclosed therein may be used by us for any purpose, including the developing, manufacturing and/or marketing of goods and/or services, and in such circumstances you are not entitled to any reward or compensation of whatever nature from us. FOR THIS PURPOSE: WE RESERVE THE RIGHT whenever necessary to disclose your personal information within our own offices, authorised agents, government/ security agencies, other airlines or the providers of such services, in whatever country they may be located.
- No Warranties
7.1 Whilst every effort is made to update the information contained on this Platform on timely basis, we provide no representations, warranties, statements or guarantees, whether expressly or implied, of any kind including but not limited to any implied warranties or implied terms of satisfactory quality, fitness for a particular purpose or non-infringement of the Platform, the Content and information transmitted over the Platform. All such implied terms and warranties are hereby excluded.
8.1 We do not warrant that the functions in our Platform will be uninterrupted or error-free, that defects will be corrected or that this Platform or the server that makes it available is free of any virus or other harmful elements. We do not warrant or make any representations, whether express, implied in law or residual, regarding the sequence, correctness, accuracy, completeness, reliability, or otherwise of the Content in our Platform (including but not limited to any information which may be provided by any third party or data or content providers) or the results of their use.
9.1 By accessing and/or using the Platform and/or the Services, you agree that we will not be liable under any circumstances, including negligence, for any direct, indirect or consequential loss arising, directly or indirectly, from your access and/or use of and/or inability to use the Platform and/or the Services, any information and material contained in our Platform, your (or your company’s) personal information or material and information transmitted over our system or from your access to the other sites as described herein. We are also not liable nor responsible for any material provided by third parties with their own respective copyright and shall not under any circumstances, be liable for any loss, damages or injury arising from these materials.
9.2 Nothing in our Platform constitutes an offer to sell any securities and cannot under any circumstances be relied upon for investment dealings of whatever nature.
9.3 Any misunderstanding, error, damage, expense or losses resulting from the use of and/or access to the Platform and/or Services shall be entirely at your own risk and Malaysia Airlines, its affiliates and subsidiaries shall not be liable therefore.
10.1 The exclusions and limitations described herein shall apply only to the extent permitted by law, without prejudice to our rights to seek legal redress in accordance with the applicable laws.
- Applicable Law and Jurisdiction
11.1 These Terms and Conditions shall be governed and construed in accordance with Malaysian laws, and the courts of Malaysia shall have exclusive jurisdiction to adjudicate any dispute which may arise in relation thereto.
- Entire Agreement
12.1 These Terms and Conditions constitute the sole record of the agreement between you and Malaysia Airlines in relation to your access and/or use of the Platform and/or the Services. Neither you nor Malaysia Airlines shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein.
12.2 Unless otherwise specifically stated, these Terms and Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and Malaysia Airlines in respect of your access and/or use of the Platform and/or the Services.
13.1 Where any conflict or contradiction appears between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Platform and/or Services shall prevail in respect of your access and/or use of the relevant section or module of the Platform and/or the Services.
14.1 If any provision of these Terms and Conditions is held invalid, unenforceable or illegal for any reason, these Terms and Conditions shall remain otherwise in full force apart from such provision, which shall be deemed, deleted.
15.1 No indulgence or extension of time which either you or Malaysia Airlines may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
16.1 Malaysia Airlines shall have the absolute full rights and be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
17.1 All aspects of this Platform – design, text, graphics, applications, software, underlying source code and all other aspects – are copyright of Malaysia Airlines and its affiliates or content and technology providers.
18.1 Malaysia Airlines may, without prior notice to you, immediately terminate or revoke any or all of your rights granted under these Terms and Conditions. Upon such termination, all access to and use of the Platform and/or Services shall be denied, and we shall, in addition to any other legal rights and/or remedies, immediately revoke your password and account. Malaysia Airlines shall not be liable to you or to any other person as a result of any such suspension or termination.
18.2 In the event if you are dissatisfied with the Platform and/or Services or with any terms, conditions, rules, policies, guidelines, or practices of Malaysia Airlines, in operating the Platform and/or providing Services, your sole and exclusive remedy is to discontinue using the Platform and/or the Services.
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