FlyLinking

Terms of Usage

 

1. Parties and this Agreement

1.1 By utilizing da.flylinking.com (“Website”), You hereby consent to abide by the following contractual terms and conditions (“Agreement”) of this Website that is provided by Tuotuo Digital Technology (Beijing) Co., Ltd. (hereinafter referred to as "We", or “Us”, “Our”, “Camel”), with registered address in Room 1-901-1, 9th Floor, No. 28 Chengfu Road, Haidian District, Beijing, China as a service to its users (hereinafter referred to as "You" or “Distributor”, including merchants and influencers and other Unregistered visitors). You and Camel are hereinafter collectively referred to as “Parties” and individually as “Party”.

1.2 This Agreement also includes the charges, specific pages, guidelines and instructions (hereinafter referred to as "FlyLink Business Rules") issued by Us from time to time. In case of any inconsistency between FlyLink Business Rules and this Agreement, FlyLink Business Rules shall prevail. We will modify the FlyLink Business rules in time according to the actual business situation. FlyLink Business Rules together with this Agreement and its Schedules (if any) constitute the complete agreement between You and Us regarding FlyLink Services.

1.3 We may amend this Agreement from time to time. Every time You wish to use this Website, please check this Agreement to ensure You understand the Agreement that apply at that time. It is incumbent upon You to thoroughly review the most current versions. If You do not agree to this Agreement, You must not use this Website. If We modify this Agreement, We will publish it in advance by way of announcement on Flylink platform, and the modified Agreement will take effect on the date of announcement. If You disagree to change the modified Agreement, please immediately stop using FlyLink services from the effective date of such modification, notifying Buyer to stop making payments to through Your FlyLink URLs or QR Codes and stop using any other collection method provided by FlyLink. Notwithstanding foregoing, funds received prior to the modification of this Agreement will still be withdrawn in accordance with the terms of this Agreement. If You continue to use or fail to stop using FlyLink services for payment after the modification taking effect, You shall be deemed to have accepted the relevant modified part. If both Parties reach an agreement through negotiation, the relevant services and the contents of the corresponding agreement may be changed separately.

2. Recitals

2.1 Please read the contents of this Agreement carefully. If You have any questions about the contents of this Agreement or the information on the Webpage, You can consult the customer service of FlyLink platform. By clicking “Agree” on the page or confirming by other means, You have agreed to this Agreement.

2.2 This Website compiles payment links published by Merchants (“FlyLink”). FlyLink serves as an innovative tool for managing sales and collecting payments. FlyLink provides Merchants with a means to collect transaction amounts online through URLs or QR codes. It allows Merchants to describe their products within the payment links, commission marketing through these links, and collect funds from Buyers. You can leverage Your influence and reach by copying the link and sharing or promoting it in Your work or displays. If transactions occur through the link You shared or promoted, Your commission will be settled according to the rules effective at that time.

3. Definitions

Unless otherwise defined herein or as the context otherwise requires, terms used herein shall have the meanings set forth below:

"Applicable Law"

Applicable law means any laws, regulations or generally accepted practices and guidelines in Hong Kong, China, including but not limited to anti-money laundering and anti-financing of terrorist organizations, illegal sale or purchase or trading of any goods or services, consumer protection, information protection, anti-discrimination, gambling, false advertising, import and export activities, taxation, foreign exchange control, etc.

"Buyer" or "Payer"

An individual or organization that purchases a product or service from You and Merchant.

"Card Scheme"

Refers to Mastercard, Visa, American Express, and/or any other similar schemes, as indicated in this Agreement, where We are registered as a member or otherwise authorized to process Transactions.

"Chargeback"

A situation in which a payment is returned to the Buyer or Payer due to a dispute between the Buyer or Payer (Card Holder) and the Merchant in connection with a product or service Transaction related to the payment or in accordance with the rules of the Card Scheme.

"Distributor" or "You"

A Distributor is a sub-merchant of Merchant that sells goods to final Buyers by sharing a FlyLink URL or QR code provided by the Merchant and receives a commission from the Merchant for the Transaction.

"Merchant"

Merchants use FlyLink to manage the sale of goods, by filling in the information, prices and any other details of goods on the FlyLink page, and generate a URL or QR code containing the payment function. The Merchant shares these URLs or QR codes with You, the distributor, for the final sale to the Buyer.

"Refund"

Where money is returned to the Payer's account due to interruption of the Transaction or other reasons, including refund due to non-payment.

"Transaction"

The sale and buy You entered into with the Buyer for the goods, commodities or services embodied in the FlyLink URL or QR code.

“Agreement”

This Term of Usage, the documents set out in Section 1 and any other document or Webpage referred to within this Agreement.

“Business Day”

A day other than a Saturday or a Sunday or a public holiday in Hong Kong.

“Card Holder”

Card Holder means a Buyer of the Transaction and who is using a card to pay for their purchase.

“Card Scheme Rules”

All current and future by-laws, rules, regulations, interpretations, and other guidelines promulgated by any Card Scheme from time to time.

“FlyLink”

An innovative commodity sales management and collection tool that We provide to Merchants and Distributors in accordance with this Agreement and FlyLink Business Rules. FlyLink can help to manage the commodity information, and through this collection URL link, Buyers can view the commodity and pay for it, and the payment funds will be credited to Flyway account after settlement. FlyLink is served as the form of URL or QR code. Camel reserves the right to increase or decrease or adjust the form of FlyLink services from time to time.

“FlyLink Platform”

The digital technology platform through which our affiliates provide the Service under this Agreement to You through da.flylinking.com and other Website as updated by us from time to time.

“Intellectual Property”

Intellectual Property means any software and/or hardware developed by us, any patents, trademarks, service marks, design rights (whether registerable or otherwise), applications for any the foregoing, copyrights (whether in database or otherwise), database rights, know-how, trade or business names, goodwill associated with the foregoing, internet domain names and Website addresses and other similar rights or obligations, whether registerable or not, in any country (including but not limited to the countries or regions where the Parties are incorporated), and all derivatives of the foregoing.

 

Unless there is any indication to the contrary, the definitions, interpretations and principles of interpretation set forth above shall apply to other agreements and rules fixed or quoted in this Agreement; Any definitions not set forth herein shall apply to any other agreement between You and Camel.

Capitalized words have the meaning given to them in this Section, except where expressly defined somewhere else in this Agreement.

A reference in this Agreement to “include”, ‘including’ or “including without limitation” shall be an illustrative and non-exhaustive list.

Headings are for convenience only and shall not affect the construction or interpretation of this Agreement.

 

4. Services

4.1 FlyLink Services include a series of services, and unless otherwise expressly promised by Camel, only the following services are included:

4.1.1 We provide Merchants and Distributors with payment settlement for Transactions (“Service“). Merchant can deliver information of goods, commodities, and/or describe services Merchant offers, and upload images of the goods, in the payment link, and settle payment from Buyers. The relevant payment information will be exchanged with the connected international commercial bank or Card Scheme through the payment gateway of FlyLink, and the confirmation of the Transaction information of the bank or Card Scheme will be fed back to the Merchant.

4.1.2 At the time of settlement to the Merchant, FlyLink will pay You a commission for the completed transaction on behalf of the Merchant in accordance with the agreed proportion or amount between You and Merchant or FlyLink Business Rules.

4.1.3 We sets up online Transaction inquiry function for Merchants and Distributors, Merchants and Distributors can download and archive transaction data in time.

4.1.4 We also provides You with payment risk monitoring and management services, including but not limited to Payer fraud, prevention of stolen credit card payment, high-risk business categories and high-risk country transaction monitoring services. Even if Camel can reduce such risks by providing such services, it cannot avoid the existence of such risks and the occurrence of losses. Such risks shall be borne by You and Camel shall not bear any related risks.

4.2 Camel does not provide any other services other than those described above or as otherwise agreed between Camel and You.

 

5. Statement

5.1 The URL or QR code generated by FlyLink allows the Merchant to add a description of the product or goods, which does not mean that FlyLink is a product publishing channel. By using FlyLink Service, the URL or QR code is generated in the name of the Merchant, You itself can release or share such URL or QR code to specific Buyers. The Merchant is fully responsible for product quality and delivery. In case of complaints and requirements for product quality and delivery, the Merchant or You shall communicate, response or negotiate with the Buyer directly and promptly. The FlyLink Platform does not have the intermediary and mediation function of e-commerce, and FlyLink Platform does not assume the responsibility of e-commerce platform because of providing FlyLink. Although FlyLink Service allows Merchants to describe goods and choose marketing programs, FlyLink Service is still a payment settlement service in essence, and Camel does not assume the intermediary, mediation function and corresponding responsibility of e-commerce platform.

5.2 You are aware that after the commissions are settled into Your FlyLink account, they shall be withdrawn, used, kept, withheld and frozen in accordance with the relevant rules and agreements of FlyLink Account. FlyLink Account, provided by Camel, is an electronic billing account, which does not contain such functions and interests as of a bank account. Fund settlement made by FlyLink to Your FlyLink Account, do not have any interests.

5.3 Camel's partners or affiliates will provide You with professional services under this Agreement, and You may need to sign additional agreements or contracts with such partners or affiliates to ensure that You can receive a full range of services.

5.4 Card Schemes shall have the right to supervise the Merchant's Transactions, and Camel shall have the right to assist the Card Schemes to review the Merchant's Transactions at any time if the Merchant's Transaction is found to pose a risk. You are aware of the existence of the above regulation, and independently bear the loss, liabilities and responsibilities caused by such supervision or review.

5.5 Reconciliation documents. Camel will update Your reconciliation documents under the Service on the FlyLink Platform in a timely manner, and You can view and/or download such reconciliation documents after logging in to the FlyLink Platform with Your FlyLink Account and password. If You have any objection to the reconciliation documents, You should raise it to Camel within five (5) Business Days after the settlement, otherwise You will agree to it even if it expires. If no consensus can be reached on any objection to such reconciliation documents, You agree that the reconciliation documents created and retained by Camel system shall prevail.

5.6 Discharge. According to the Card Schemes operating practice, rules and regulations, card collecting bank shall have the right at any time according to the Card Holder's request, in the 180 days after the Transaction, to refuse or charge back all or part of the Transaction. Accordingly, Camel will also discharge the commissions from You. Camel is entitled to refuse to provide FlyLink Services to Merchants who violate FlyLink's policies and impose penalties according to the severity of the circumstances. In the event of non-payment, Camel will charge a non-payment processing fee, and in certain cases, a fine will be levied according to the relevant Card Scheme Rules.

You acknowledge and understand that We are entitled to debit Your FlyLink Account directly or to the amount due to You for any non-payment of fees and Transaction fees that are discharged.

5.7 Refund. As a refund incident, We deduct the money from a Merchant account, also be entitled to debit Your FlyLink Account directly or to the amount due to You for any non-payment of fees and transaction fees that are refund.

 

6. Use of the Services

6.1 FlyLink Account. Before applying for the Service, You shall apply for registering a FlyLink Account (da.flylinking.com) and agree to all the agreements listed on the registration page (the "Registration Agreement"). In case of any conflict between the Registration Agreement and this Agreement, this Agreement shall prevail. For matters not stipulated in this Agreement, relevant provisions of the Registration Agreement shall apply.

6.2 When registering on this Website, You must agree to the terms, conditions, and privacy policy listed on the registration page. The account and password obtained upon registration are Your only valid credentials for logging into this Website, and You must keep them securely. Under no circumstances should You provide Your password to anyone, including those claiming to be this Website staff. You are responsible for any losses resulting from improper storage and use of Your password. In the event of password loss or theft, You must notify us immediately and follow our procedures to reset Your password.

6.3 Connecting to the Internet to log in to this Website using a computer or mobile device may incur separate charges, depending on Your network operator's fee policy. You agree to take full responsibility for any such charges. You are fully responsible for all applicable charges, rates, and fees (if any) related to Your devices and network operators. We do not take any responsibility for any applicable charges, rates, and fees (if any) related to Your devices and network operators.

6.4 We do not guarantee that this Website or any of its content will always be available or uninterrupted. For business and operational reasons, We may suspend, withdraw, or restrict the availability of all or any part of this Website. We will try to give You reasonable notice of any suspension or withdrawal. If You are an institution, You also have the responsibility to ensure that all persons accessing this Website through Your account are aware of this Agreement of use and other applicable terms and conditions, and comply with them.

 

7. Termination and Suspension of the Service

7.1 Camel may suspend or terminate the provision of some or all the FlyLink Services to You at any time in Our absolute discretion for any reason. Where possible, Camel will give at least thirty(30) calendar days’ prior notice via email, unless there are exceptional circumstances or regulatory circumstances (including but not limited to a court or government order) that require Camel to take immediate action, such as:

(a) Camel finds that You have provided false, misleading, incomplete or inaccurate information or have otherwise acted in bad faith;

(b) You breach this Agreement or any other agreement entered into with Camel;

(c) Your FlyLink account is compromised or for other security reasons;

(d) You are engaged in fraud, money laundering, terrorist financing activities or other illegal activities, or Camel has a reasonable suspicion of the above;

(e) Your use of the FlyLink Services is involved in illegal or fraudulent conduct in accordance with Applicable Law, or Camel has reasonable suspicion as aforesaid; or

(f) Camel receives high-risk notices or Merchant closure notices from Card Schemes, card issuers, judicial authorities, banks, etc.;

(g) the Merchant has excessive Transaction risk and fails to negotiate with Camel to resolve it;

(h) other suitable grounds.

Camel will send termination/suspension notice, in the case of Applicable Law does not prohibit, and Camel will also provide the instructions how to extract the rest of Your money.

7.2 Notwithstanding the foregoing, Camel may, in its absolute discretion, close, suspend or restrict Your use of the FlyLink Services at any time if You breach this Agreement or any other agreement You have entered into with Camel, or if Camel assesses that there is a risk to Your Transaction.

 

8. Your Representations and Warranties

8.1 You hereby represent and warrant that all information You provide to Camel is true, accurate and complete, and You will promptly inform Camel of any changes in Your company's registration information, business activities, E-mail address, telephone contact information or any changes in Your account and other information, and truthfully provide Camel with information related to the Transaction qualification, including payment channel application information, business license, KYC information, ID card of legal representative (ID card provided when applying in the name of an individual), contact information, etc., and independently bear the relevant responsibilities caused by inaccurate and untrue qualification information.

8.2 You represent and warrant that Your use of FlyLink Service will only be used to settle real Transaction funds under cross-border trade, and the cross-border trade You engaged in by using this Service complies with the laws and regulations of Applicable Law and the place where the Transaction is related.

8.3 You acknowledge that Camel will use facilities provided by banks, payment service providers, settlement networks and other third-party payment processing services to provide the FlyLink Services. Unless expressly agreed to the contrary, there is no commercial agreement between the Service Providers and You and, therefore, each Service Provider does not have any direct liability to You.

8.4 You report to the relevant government departments should be fully responsible for all use of FlyLink Service charge to the trading money, and pay for such payment of any related taxes and to perform any other related reporting requirements, including but not limited to any customs or foreign exchange control.

8.5 You fully acknowledge and understand the rules and risks of using international credit cards, and fully understand the risks of opening online payment services of international credit cards (including Visa and MasterCard cards).

8.6 You fully understand the various risk factors of Internet payment, voluntarily accept this service, and represent and warrant to bear all losses and liabilities caused by all risks of this service.

8.7 When using this Website, you represent and warrant that you: (i) are a natural person with full civil capacity according to the laws of your jurisdiction; (ii) if you are a natural person without full civil capacity, you have obtained the consent of your guardian to use this Website; (iii) if you are acting on behalf of a legally established company or other legal entity that is registered with the competent authorities and can act in its own name and bear legal responsibility with its own or guarantor's property, you ensure that it is a legally established entity and have obtained the authority granted by its board of directors or similar institution; (iv) have fully understood all the contents of this Agreement as well as other policies and rules of this Website, and bear joint and several liability for the actions of using this Website by you and the legal entity you represent.

 

9. Disclaimers

9.1 THIS WEBSITE AGGREGATES PAYMENT LINKS FROM MERCHANTS, AND WE HAVE NO CONTROL OVER THE CONTENT OF THE PRODUCT INFORMATION IN THESE LINKS. SUCH LINKS SHOULD NOT BE INTERPRETED AS ENDORSEMENTS BY US. YOU ACKNOWLEDGE AND AGREE THAT THis Website IS NOT A MARKETPLACE, AND ANY PRODUCT SALES CONTRACTS CONCLUDED THROUGH THE PAYMENT LINKS ARE DIRECTLY BETWEEN YOU OR THE BUYER AND THE MERCHANT. THE MERCHANT (NOT US) IS THE SELLER OF ALL PRODUCTS AND SERVICES PURCHASED BY YOU OR THE BUYER THROUGH THE PAYMENT LINKS. WE ASSUME NO RESPONSIBILITY FOR SUCH TRANSACTIONS AND ANY DAMAGES THAT MAY RESULT FROM THEM. YOU UNDERSTAND THAT ANY STATEMENTS BY US AND OUR EMPLOYEES, AGENTS, AND AFFILIATES ARE FOR REFERENCE ONLY. WE RESERVE THE RIGHT TO STOP THE SERVICE OF THIS WEBSITE OR CHANGE THE CONTENT OF THIS WEBSITE’S SERVICES AT ANY TIME AND IN ANY MANNER, WHETHER OR NOT WE NOTIFY YOU, WITHOUT ASSUMING ANY RESPONSIBILITY. WE MAKE NO EXPRESS OR IMPLIED PREDICTIONS, WARRANTIES, OR GUARANTEES REGARDING THE QUALITY OF ANY PRODUCTS PROMOTED, PROVIDED, OR OFFERED BY ANY MERCHANT, AND WE ASSUME NO RELATED LIABILITY. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS OF THE MERCHANT INFORMATION IN THE MERCHANT PAYMENT LINKS, NOR DO WE ASSUME ANY RESPONSIBILITY FOR ANY CONTENT PUBLISHED, PROMOTED, OR LINKED BY ANY MERCHANT.

9.2 WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEBSITE AND/OR ANY DATA OR CONTENT PROVIDED ON THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY CONTENT OR DATA ON THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY WARRANTIES AND CONDITIONS ARISING FROM STATUTE OR OTHER LAWS OR FROM THE COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT ANY EMAILS SENT FROM THis Website ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

10. Intellectual Property

10.1 Your use of this Website’s content is limited to copying payment links and promoting them in your works or display activities. Without our prior written consent, you may not use any "robot," "spider," or other automatic device, process, algorithm, or method, or any manual process to monitor or copy payment links. The limited license granted here does not constitute a sale of any application process, this Website, or any part or copy thereof. We reserve all rights not expressly granted herein. You agree to use this Website only as expressly permitted.

10.2 You do not gain any ownership rights by virtue of your use of this Website, downloading materials from this Website, or uploading materials to this Website. Unless otherwise stated, all materials that are part of this Website are owned, controlled, or licensed by us and are protected by law, prohibiting unauthorized use. The entire content of this Website is protected by copyright, patent, trademark, and/or other intellectual property laws. All trademarks appearing on this Website are the property of their respective owners. You agree not to (and will not allow any third party to) copy, distribute, publish, create derivative works, publicly perform, publicly display, reverse engineer, decompile, disassemble, or otherwise attempt to discover any source code, sell, transfer, sublicense, or otherwise transfer or exploit any rights in this Website or its contents. You guarantee that the manner in which you promote the payment links displayed on this Website is lawful, and that the works and activities used for promotion do not infringe upon the legal rights of third parties.

10.3 If you provide us with feedback or ideas, we may decide to use them at our discretion. All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to us in connection with your use of this Website shall be our exclusive property, including but not limited to any feedback relating to any beta service products or research services. Such Ideas will not be subject to any confidentiality obligation on our part, and we will have no obligation to you, contractual or otherwise. You agree that we may use, sell, exploit, and disclose the Ideas for any purpose (commercial or otherwise) in any way, without restriction, attribution, or compensation to you. This includes any user comments about this Website, which may be used for marketing purposes.

 

11. Data Protection

We will only use your personal information as set out in our privacy policy.

 

12. Indemnification

You shall defend, indemnify, and hold us, the merchants who post payment links, and any third parties associated with this Website harmless from any and all claims, damages, costs, attorney’s fees, expenses, and settlements, whether based on contract, tort, statute, law, or equity. This includes, but is not limited to, claims arising from or related to your use of this Website, the materials contained on this Website, any processes related to this Website, any alleged breach of this Agreement, and any alleged infringement of third-party rights. Some jurisdictions do not allow certain indemnifications, so parts or all of this section may not apply to you.

 

13. Limitation of Liability

13.1 To the maximum extent permitted by law, we shall not be liable for any loss or damage caused by distributed denial-of-service attacks, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your access to, use of, or browsing of this website, or your downloading of any material, data, text, images, video, or audio from this Website.

13.2 In no event shall we, our employees, agents, or any third-party providers be liable for any loss of profits, sales, business, or revenue, loss of business opportunity, goodwill, or reputation, or any special, exemplary, punitive, indirect, incidental, or consequential damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising out of or in connection with (I) your use of this Website or its content, (II) any failure or delay (including but not limited to the use or inability to use any component of this Website), or (III) the performance or non-performance by us or any third-party provider, even if such party has been advised of the possibility of damages to such party or any other party.

13.3 Our maximum aggregate liability to you for any direct damages arising from this Website, software, and content shall be limited to the amount you have paid to us under this Agreement in the six months preceding the date of the claim.

 

14. Sanctions and Export Control

You acknowledge and agree that you will not use this Website or services for any purpose that violates any applicable export control laws or regulations. You specifically agree not to: export, re-export, or transfer any part of our services or content to any country, entity, or individual subject to export restrictions or sanctions imposed by the United States, European Union, United Nations, or other competent authorities; use this Website to conduct transactions or engage in any activities that violate the sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) or other relevant authorities. We reserve the right to limit or terminate your access to this Website if we determine, in our sole discretion, that your use of this Website is in violation of any applicable export control or sanctions laws. You agree to comply with all applicable export control and sanctions regulations and to assume full responsibility for any consequences arising from your breach of these obligations.

 

15. Governing Law and Jurisdiction

Unless otherwise specified, this Agreement is governed by the law in force in Hong Kong SAR. Submission to arbitration

Unless otherwise specified, any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Agreement, will be referred to and finally resolved by arbitration administered by HKIAC under the HKIAC Administered Arbitration Rules in force at the time of the application for arbitration. You and we agree that: the seat and venue of the arbitration will be Hong Kong; unless you and we agree otherwise, the number of arbitrators will be one (1) ; if you and we do not agree on the arbitrator to be appointed within fifteen (15) Business Days of the dispute proceeding to arbitration, the arbitrator is to be appointed by HKIAC; and the arbitration proceedings will be conducted in English. Notwithstanding any other provision of this Agreement, you agree that we have the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

16. Miscellaneous

16.1 Severance. Any provision of this Agreement that is held by a court of competent jurisdiction to be unenforceable shall be modified to the minimum extent necessary to make such provision enforceable and to best preserve the original intent, provided that if such modification would materially alter the effect of the provision then the provision shall be considered void, and the unenforceability of such provision shall not affect the enforceability of any other provisions. 

16.2 Waiver. No term or provision of this Agreement will be deemed waived, and no breach excused, unless such waiver or consent will be in writing and signed by the party claimed to have waived or consented. Any consent by any Party to, or waiver of, a breach by the other Party, whether express or implied, will not constitute a consent to, waiver of, or excuse for any different or subsequent breach.

16.3 Assignment. Neither party shall assign this Agreement, in whole or in part, without the other party’s prior written consent. Notwithstanding the foregoing, we may assign or transfer this Agreement, to an affiliate or in connection with a merger, acquisition, divestiture, spin-off, change of control, corporate reorganization or similar such transaction or sale of all or substantially all of our assets related to this Agreement. Subject to the foregoing, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by any permitted assignee.

 

17. Contact

All notices should be in writing and delivered to the official registered address or the designated email address. Your designated email address is the one you used when registering your account on this website, and our email address for receiving your notices is service@flylinking.com.