Terms of Use
1. Introduction
1.1 [National Private Air Transport Services Company Limited] of [ADDRESS] ("NAS", "Us", "We" or "Our") trading as "Nas air" is the operator of this web site (the "Site"), the homepage of which can be found at www.flynas.com
1.2 Your access to, and use of, the Site is subject to these Terms and Conditions ("Site Terms Of Use"), the Privacy Policy, which forms part of these Site Terms of Use and all applicable laws. Your use of the Site constitutes your unqualified, unconditional and irrevocable agreement to accept and comply with these Site Terms of Use.
1.3 We grant you a non-exclusive licence to use this Site strictly in accordance with these Site Terms of Use. We reserve the right to revoke this licence and prevent you from using this Site (or any of its services) at any time without giving you a reason.
2. Acceptable Use
2.1 You may only use this Site in accordance with these Site Terms of Use for lawful purposes which include complying with all applicable laws, regulations, codes of practice within the Kingdom of Saudi Arabia or other jurisdiction from which you are accessing this Site. In particular you agree that you will not:
(a) make any unauthorised, false or fraudulent booking or any booking in anticipation of demand;
(b) use this Site in a manner which causes or may cause an infringement of the rights of NAS and/or of any third parties;
(c) post, transmit, or disseminate any information on or via the Site which is, or may be, harmful, obscene, defamatory or illegal;
(d) attempt to interfere with the operation or functionality of this Site including, without limitation, uploading, downloading or transmitting corrupt files or computer viruses or other harmful material, or using any software, routine or device to interfere with the Site;
(e) take any action that causes an unreasonable or excessively large load on the infrastructure of the Site;
(f) obtain or attempt to obtain unauthorised access to the Site, including access through the false use of a password or personal identification number, or attempt to misrepresent your identity or authority to act on behalf of another;
(g) proxy or mirror without Our prior written permission; or
(h) violate these Site Terms of Use in any other manner.
2.2 We reserve the right to cancel your bookings without reference to you and/or deny you access to this Site where We believe, in Our discretion, that you are in breach of any of these Site Terms of Use.
3. General Conditions of Carriage
3.1 These Site Terms of Use refer only to your use of this Site and any carriage by air using a ticket obtained using this Site shall be subject to Our Conditions of Carriage and may also be subject to the Warsaw Convention or the Montreal Convention which may limit the carrier's liability in certain circumstances.
3.2 Separate conditions apply to prize draws, competitions or other promotions which We may run from time to time.
4. Warranties, Disclaimers and Limitation of Liability
4.1 Whilst We use reasonable efforts to include accurate and up-to-date information on the Site, errors may occur. Your access to and use of the software and content on this Site is entirely at your own risk and access is provided "as is" and on an "as available" basis only.
4.2 To the maximum extent permitted by law We accept no liability for the content of the Site and all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy are excluded from these Site Terms of Use. We cannot give any warranty or representation as to the accuracy of the information and do not accept responsibility for errors or omissions or for any action or decisions based on the information. We do not warrant that the Site will be available uninterrupted or error free or that any defects will be corrected.
4.3 Save as otherwise stated in these Site Terms of Use and to the full extent permitted by law, We do not accept any liability for any direct, indirect, special, consequential, punitive or exemplary losses or damages of whatever nature arising out of:
(a) access to, or the use, of this Site;
(b) delay or inability to use this Site; or
(c) the information contained in this Site;
including, but not limited to loss of profits, anticipated savings, revenues, data, goodwill or contracts resulting from contract, tort (including negligence) or whatever cause.
4.4 Nothing in these Site Terms Of Use excludes [Our liability for death or personal injury directly resulting from Our negligence or in respect of fraudulent misrepresentation] [liabilities not permitted to be excluded by applicable law].
[Note: the liability provisions in this Clause will need to be reviewed in detail according to Saudi law]
5. Indemnity
As a condition of using this Site, you agree to indemnify, and keep indemnified, Us against all liabilities, claims, losses, costs, damages and expenses including legal fees incurred by Us should you breach any of these Site Terms Of Use. We reserve the right to assume the defence and control of any matter subject to indemnity by you and, in such case, you undertake to co-operate in full with Our defence of any such claim.
6. Viruses
6.1 Whilst We try to keep Our anti-virus software up-to-date We do not warrant that the Site, its servers, downloadable files or e-mails which may be sent by Us, are free from viruses or other harmful components.
6.2 You must not:
(a) introduce or attempt to introduce any virus or other contaminant to the Site or any of its software or systems; or
(b) in any way attempt to access, alter, de-compile, reverse engineer, destroy or otherwise tamper with any part of the Site, its software or system.
7. Intellectual Property Rights
7.1 Except as is otherwise indicated on the Site, We and/or Our licensors are the owners of the copyright (and all related intellectual property rights, including but not limited to all database rights, unregistered and registered trademarks, service marks and logos) in all the content featured on this Site, including the organisation and layout of this Site and the underlying software code relating to the Site.
7.2 You shall not copy, reproduce, permanently store, retransmit, adapt, download, exploit or otherwise use the information contained on the Site in any way, save for the purpose of: enquiring about or requesting information relating to services featured on the Site; or downloading and temporarily storing one or more of the pages of the Site for the purpose of viewing, for your personal use only, on a personal computer or terminal.
7.3 The trademarks, logos and service marks (collectively the "Trademarks") displayed on the Site (whether registered or unregistered) are and shall remain the property of their respective owners. Nothing contained on the Site shall be construed as granting any licence or right to use any Trademark displayed on the Site without the written permission of the relevant Trademark owner. Your misuse or infringement of any of the Trademarks displayed on the Site is strictly prohibited.
7.4 We assert our right to be identified as the author of all copyright works on this Site and to object to any misuse of such works. We do not warrant or represent that your use of materials displayed on the Site will not infringe the rights of third parties.
8. Linking
8.1 The Site may contain links to third parties' web sites. Any links between Our Site and any third party web site are provided for your convenience only. We are not responsible for the information, material, products or services contained in, or accessible through, such third party web sites and a link to another site does not necessarily imply an endorsement by Us. Your access and use of such third party web sites is solely at your own risk.
8.2 You may link to the Site's home page, provided that you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
8.3 The 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 where a link is, in Our sole opinion, inappropriate or controversial.
9. Data Protection
9.1 We may require basic information which identifies you as an individual, ("Personal Information"), such as your name and email address, in order to enable you to take advantage of particular services that We offer. We will only use such Personal Information for the purposes of providing information or services which you have requested, or for other related purposes as set out in the Privacy Policy [HYPERLINK TO POLICY].
[Note: I understand that there are no data protection issues in Saudi Arabia. please confirm]
10. General
10.1 Any queries, feedback or comments you may have about the Site should be submitted by emailing Us at info@flynas.com. If you are reporting an error, please tell Us which computer operating system and browser (including the version number) you are using and the approximate time and date when you found the problem.
10.2 We may make improvements or changes to the information, services and other materials on the Site or terminate the Site at any time without notice. We may also amend these Site Terms Of Use from time to time. If We make any substantial changes, as solely judged by Us, We will notify you by posting a notice on the Site. You are bound by any changes We make to these Site Terms Of Use. You can view the current version of these Site Terms Of Use at any time by clicking on the Site Terms Of Use link, on the homepage of the Site.
10.3 Any delay or failure on Our part to exercise any right vested in Us hereunder, shall not constitute a waiver on our part to exercise such right or any other right at anytime thereafter.
10.4 The headings in these Site Terms Of Use are for convenience only and shall not affect the meanings of these Site Terms Of Use.
10.5 If any provision of these Site Terms Of Use is unenforceable, it shall not affect the enforceability of the rest of them.
10.6 These Site Terms of Use contain all the terms of your agreement with Us relating to the use of this Site. No other written or oral statement will be incorporated.
10.7 These Site Terms Of Use shall be governed by and construed in accordance with Saudi Arabian law and are subject to the exclusive jurisdiction of the Kingdom of Saudi Arabia courts.
