Last updated: 08/02/2018

Introduction

Karibuni WingX Ltd (C 79910) (“WingX”; “We”; “Us” or “Our”) provides an online marketplace for booking and hiring travel guides, guided tours and other travel-related services or activities, through its site, which is accessible at (the “Site”), and/or through its corresponding mobile application , which may be downloaded here (the “App”).

By means of the Site and/or the App, the user is then directed to the online platform operated by WingX (the “WingX Marketplace”), from where these available travel guide and travel related services may be browsed and searched, and ultimately booked with and hired from the relevant travel service provider (collectively, the “Services”).

For a more detailed description of the Services, kindly read our Flyer.

Scope and Purpose of this Policy

Whilst WingX believes in and fully encourages, even as a mission statement, the free and open exchange of ideas as a key requirement for improved communication and interaction, there are certain ideas as well as activities which are deemed to be incompatible with this mission.

This Acceptable Use Policy (“AUP”) describes the activities that are prohibited in connection with your use of the WingX Marketplace and its related services. In addition, it also sets out the content standards that apply when you upload content onto the Site and/or WingX Marketplace, make contact with other users of the WingX Marketplace, link to the WingX Marketplace, Site and/or App or interact with the WingX Marketplace, Site and/or App in any other way.

For the purposes of this policy, the term “Materials” shall mean any photo, image, graphic, design, drawing, video, sound clip or recording, written content, audio file, digital file, code, information, data or any other content of whatever nature uploaded, collected, generated, stored, displayed, distributed, transmitted, communication or exhibited by you on the WingX Marketplace, Site and/or App or in connection with your use thereof.

The AUP has been incorporated by reference into Our Terms of Service, as applicable to User Members and WingX Companions. Your acceptance of such terms, as applicable and relevant to you, also denotes your unconditional acceptance of this policy.

If you feel that a user or WingX Companion has violated this AUP, please contact us at email: info@wingx.global.

Prohibited Uses

You may use the WingX Marketplace, Site and App for lawful purposes only.

Whether as a WingX Companion or User Member, you may not use either of the above for:

  • Child Exploitation: You may not offer services or activities, or post or upload Materials, that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner or which for instance, in the case of such services or activities, involve the use of child labour.
  • Harassment, Bullying, Defamation, and Threats: You may not offer services or activities, or post or upload Materials, that harass, bully, defame or threaten a specific individual or group.
  • Hateful Content: You may not offer services or activities, or post or upload Materials, that condone or promote violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status.
  • Illegal Activities: You may not offer services or activities, or post or upload Materials, that are illegal, criminal, contravene or which facilitate or promote activities that breach any applicable local, national or international law or regulation.
  • Intellectual Property: You may not offer services or activities, or post or upload Materials, that infringe third party intellectual property rights.
  • Malicious and Deceptive Practices: You may not use the WingX Marketplace and its related services, nor the Site or the App, to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the WingX Marketplace, the Site or the App or other infrastructure of WingX or that of others, including WingX’s partners and third-party providers. You may not use the foregoing for deceptive commercial practices or any other illegal or deceptive activities.
  • Harmful Programs: You may not use the WingX Marketplace, the Site or the App to transmit any data, send or upload any material which you knowingly or reasonably suspect to contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • Personal and Confidential Information: You may not post or upload any personally identifiable information or confidential information belonging to another individual or entity, such as credit card numbers, confidential national ID numbers, or account passwords unless you have the prior consent or authorization of the individual or entity concerned.
  • Self-Harm: You may not offer services or activities, or post or upload Materials, that promote self-harm.
  • Spam: You may not use the WingX Marketplace, the Site or the App to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation.
  • Terrorist Organizations: You may not offer services or activities, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of WingX Marketplace, the Site or the App in contravention of the provisions of Our terms of use relating to the Site and App.
  • Not to access without authority, interfere with, damage or disrupt:
  • any part of the Site and/or App;
  • any equipment or network on which the Site and/or App is stored or hosted;
  • any software used in the provision of the WingX Marketplace, Site and/or App; or
  • any equipment or network or software owned or used by any third party.
  • Interactive Services.

We may from time to time provide interactive services on our site, including, without limitation:
  • Chat rooms.
  • Bulletin boards.
  • Forum.
  • Blog.
  • Follow us links.
Where We do provide any interactive service, We will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on the WingX Marketplace, Site and/or App, and We will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in light of those risks. Where We do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

You, however, acknowledge and accept that We are under no obligation to oversee, monitor or moderate any interactive service that We may provide. Any use thereof is made voluntarily by you, at your own choice and judgment, without any responsibility or liability being assumed by WingX.

Content Standards

These Content Standards apply to any and all materials which you contribute to the WingX Marketplace, Site and/or App, and to any interactive services associated with it (“Contribution”).

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

WingX will determine, at its own sole discretion and without any obligation to give a reason, whether a Contribution breaches these Content Standards.

A Contribution must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in Malta and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Promote sexuaąsaid marketplace and its related services. Therefore, failure to comply with this AUP constitutes a material breach of the Terms of Service which you have accepted in order to be able to use the WingX Marketplace and its related services, be it as a User Member or as a WingX Companion.
  • Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including any decision to refrain from taking any action, will be at Our sole discretion.

Variation and Precedence

WingX may modify this AUP at any time, at its own sole discretion, by posting a revised version at https://www.wingx.global.

By continuing to use the WingX Marketplace after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP.

This AUP should be read in conjunction with Our Terms of Use relating to the Site and App respectively.

In the event of a conflict between the AUP and the Terms, the Terms shall take precedence, but only to the extent required to resolve such conflict. Capitalized terms used but not defined in this AUP shall have the meanings set forth in the Terms.

Which country’s laws apply to any disputes?

If you are a consumer, please note that this policy, its subject matter, and 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, this policy, its subject matter and 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.