Junction Connect – Platform Terms of Use (Skywards Link)

Introduction

These Terms of Use (the "Terms of Use") govern your access to and use of the Platform located at www.junctionconnect.com (the "Platform"), which is owned and operated by Junction Connect Limited, a company registered in the UK under Company Number 12356236, whose registered office is at 96 Kensington High Street, London, W8 4SG, branded as "Junction", (referred to as "Junction", "Company", "we" or "us" which terms shall also include our affiliates). Your access or use of the Platform constitutes your acceptance to be bound by these Terms of Use and our Privacy Policy, which is herein incorporated by reference. The document contains the following information:

1. Who We Are And How You Can Contact Us

This Platform is the exclusive property of the Company, which is the sole proprietor and operator of the Platform. To communicate with the Company, kindly direct all enquiries to the following email address: legal@junctionconnect.com

2. Terms Associated With The Use of the Platform

Access to and use of any information contained on this Platform is conditioned upon the acceptance of the terms and conditions contained in this Terms of Use by the user (the "User"). You are advised to carefully read and understand the Terms of Use before accessing or using the Platform. If you do not agree to any part of this Terms of Use, you must not access or use the Platform.

Junction may change these Terms of Use from time to time and at Junction's sole discretion. The date of the most recent revisions will appear on the top of this Terms of Use. If you do not agree to these changes, please do not continue to use the Platform. If material changes are made to the Terms of Use, we will notify you by placing a prominent notice on our Platform or by sending you a notification in relation to this.

The Company reserves the right to transfer its rights and obligations under this Terms of Use to any third party, provided that any such transfer does not materially or adversely affect your rights under this Terms of Use.

You acknowledge that when accessing the Platform or sending emails to Junction, electronic communication is being used. Junction will also communicate with you through electronic means. You agree that all notices, agreements, disclosures, and other communications that Junction provides to you electronically will satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Communications Act 2000.

By using the Platform, you warrant to Junction that:

• The Platform or any material or information contained therein will not be used for any purpose that is unlawful or prohibited by this Terms of Use;
• You are at least 18 years old and have the legal authority to use the Platform in accordance with this Terms of Use;
• If you use any part of the Platform that involves making payments or placing orders, you agree to be financially responsible for all charges, fees, and other sums incurred as a result; and
• All information provided by you about yourself and any other person shall be true and accurate.

3. Prohibited Use Of This Platform

You agree not to use the Platform:

• For any purpose that is unlawful or prohibited by these Terms of Use;
• In violation of any applicable local, national, or international laws or regulations;
• In any manner that infringes the intellectual property, privacy, publicity, or other legal rights of any third party;
• To harm, threaten, harass, bully, insult, intimidate, or discriminate against others;
• To exploit or harm minors in any way;
• To upload, send, or receive any content that does not comply with our content standards;
• To transmit unsolicited or unauthorised advertising or promotional material (spam);
• To gain unauthorised access to, or disrupt any part of, the Platform, our servers, or any related systems or networks;
• To knowingly introduce or transmit any malware, including viruses, worms, Trojan horses, spyware, or any other malicious software;
• To attack the Platform via denial-of-service or distributed denial-of-service (DDoS) attacks;
• To reproduce, duplicate, copy, or resell any part of the Platform in violation of this Terms of Use;
• To link to the Platform, including deep-linking, or access, monitor, or copy any part of the Platform using automated means (e.g. robots, spiders, scrapers) or manual processes, without our prior written permission.

We reserve the right to suspend or terminate your access to the Platform without notice if we believe you have violated these Terms of Use or engaged in any activity we deem inappropriate or unlawful.

4. Other Terms Which May Apply To You

These Terms of Use incorporate by reference the following additional terms, which are applicable to your use of our Platform:

• Our Privacy Policy;
• Our Cookies Policy; and
• Our Data Processing Addendum.

By accessing or using any of our services after registering with Junction or any of its services, you agree to be bound by our Services Agreement.

You have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • If you want us to establish the data's accuracy.
  • Where our use of the data is unlawful, but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

5. Warranties

The Company is bound by the laws of England and Wales, unless otherwise stipulated in the Services Agreement. The Platform, along with its materials, content, products, information, and services, is offered to you on an "as is" and "as available" basis. To the fullest extent permitted by law, the Company disclaims all warranties, either express or implied, statutory, or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third-party's rights and fitness for a particular purpose. The Company makes no representations or warranties that the Platform will meet your requirements and be secure, free of viruses or other harmful components, timely, uninterrupted, accurate, complete, or reliable, including but not limited to the Company no representations or warranties of any kind, express or implied, regarding:

• The accuracy, completeness, reliability, or suitability of any information, content, or materials available on the Platform;
• The availability or uninterrupted operation of the Platform or its features;
• The absence of viruses, malware, or other harmful components on the Platform or its servers;
• The compatibility of the Platform with the User's devices, software, or browser; and
• The merchantability, fitness for a particular purpose, or non-infringement of the Platform or any content available through it.

You acknowledge and agree that your use of the Platform is at your own risk and that the Platform is made available to you at no charge. To the fullest extent permitted by applicable law, the Company and its affiliates will not be liable for any direct, indirect, punitive, incidental, special, consequential losses or damages or any loss of income, profits, goodwill arising out of or in any way related to:

• The access and use of the Junction Pay Platform;
• Delay or inability to access the Platform;
• Virus, bugs, trojan horses, software, information, third parties' linked Websites, services obtained through the use of the Website; or
• Any other matter relating to the service, whether based on contract, tort, strict liability or otherwise, even if the Company, its affiliates or any of its suppliers have been advised of the possibility of such damages.

The information contained on this Platform may contain technical inaccuracies, typographical errors, or other errors that may be updated from time to time and may at times be out of date. If any price or other information is obviously incorrect, we shall not be bound by it. You are solely responsible for ensuring that the Platform meets your needs. You must carry out all your own checks (including antivirus scans) and verify any critical information, such as pricing or availability, before relying on it or acting upon it.

We shall not be liable for any loss, damage, or claim of any kind, whether direct, indirect, or consequential, arising directly or indirectly from your use of this Platform.

This Platform may include links to other Websites, none of which are under our control or maintenance, except where explicitly indicated. We are not responsible for the content of such external Websites, and we provide such links only for your convenience. We do not endorse or monitor the material contained on these linked Websites and accept no liability for any content or information that may be found on them after leaving our Website by means of a hypertext link or otherwise.

Nothing in these Terms of Use excludes or limits any warranty or right that cannot be excluded under applicable law, including your statutory rights as a consumer under the Consumer Rights Act 2015, where applicable.

6. Limitation of Liability and Indemnity

Under no circumstances shall we, our affiliates, licensors, service providers, employees, agents, officers, or directors be liable for any damages of any kind, including but not limited to, direct, indirect, special, incidental, consequential, or punitive damages, arising out of or in connection with:

• Use of or inability to use the Platform;
• Use of or reliance on any content displayed on the Platform;
• Any linked Websites or thirty-party content or services; and
• Malware, data loss, or unauthorised access affecting the User's systems while using the Platform.

This includes (but is not limited to) the loss of:

• Profits, sales, business, or revenue;
• Business interruption;
• Anticipated savings;
• Business opportunity, goodwill, or reputation; and
• Data or information.

We hereby exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it, to the fullest extent permitted by law. However, we do not exclude or limit our liability to you where it would be unlawful to do so, including in cases of death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors, and for fraud or fraudulent misrepresentation.

If you are dissatisfied with any part of the Platform or this Terms of Use, the User's sole and exclusive remedy is to stop using the Platform.

Please note that different limitations and exclusions of liability may apply to liability arising as a result of the supply of services to you, which will be set out in our Services Agreement.

In consideration of the access granted to you to use the Platform, you hereby agree to defend, indemnify, and hold harmless us, our affiliates, licensors, service providers, employees, agents, officers, and directors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or related to your use of the Platform, any User Content you submit, or your breach of these Terms or any applicable law or regulation.

7. Copyright

This Platform and all of its components, features, and functions (including, but not limited to, all information, software, text, displays, images, videos, and audios, as well as their design, selection, and arrangement) are the exclusive property of us, our licensors, or other providers of such materials. They are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws in the United Kingdom and internationally. Unless otherwise specified, the trademarks, logos, and service marks displayed on our Platform are our intellectual property. No right to use any of them is granted without our prior written consent.

We publish the content of this Platform, and it may not be reproduced except for downloading, viewing on a single computer, and/or printing a single hard copy for private purposes only.

The Platform may be used by you solely for personal, non-commercial purposes. You are prohibited from engaging in any of the following activities with any materials found on the Platform, unless you fall under one of the following exceptions:

• Reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any material found on the Platform.

The only exceptions are as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

In the event that you engage in unauthorised conduct, including but not limited to printing, copying, modifying, downloading, or otherwise utilising or granting access to any portion of the Platform in contravention of these Terms, your right to access and use the Platform shall terminate immediately. You must, at our discretion, either relinquish possession of any copies of the materials made or destroy them. All rights are reserved.

8. If We Amend These Terms

It is within our exclusive discretion to periodically modify and update these Terms. Any modifications or updates become immediately effective upon posting and apply to all subsequent access to and use of the Platform. By continuing to use the Platform after the revised Terms have been posted, you acknowledge and agree to the changes. We recommend that you review this Terms of Use each time you intend to use our Platform, to ensure that you fully comprehend the terms and conditions that are currently in effect. Please refer to the "Last Updated" banner to ascertain the date of the most recent update.

9. Your Personal Information

We shall solely utilise your personal data in accordance with the provisions delineated in our Privacy Policy.

10. Breach of These Terms

In the event of a breach of the terms set forth herein, we reserve the right to take any actions that we deem appropriate. Your failure to comply with these terms constitutes a material breach of the Platform Terms of Use that govern your use of our site, and may result in the following actions being taken by us:

• Issuance of a warning to you;
• Immediate, temporary, or permanent withdrawal of your right to use our site;
• Initiation of legal proceedings against you for the reimbursement of all costs incurred on an indemnity basis, which may include but are not limited to reasonable administrative and legal costs, resulting from the breach;
• Pursuit of further legal action against you;
• Disclosure of information to law enforcement authorities as we reasonably deem necessary, or as required by law.

11. Law and Jurisdiction

This Terms of Use are governed and interpreted in accordance with English law.

Any dispute or matter, including any non-contractual dispute or claim, that may arise between you and us shall be subject to the exclusive jurisdiction of the Courts of England and Wales to the exclusion of all other courts.

12. Third-Parties Websites and Content

The platform may be embedded in providers' Websites and/or contain links to providers' Websites or interfaces to enable you to book Bookings offered by providers. Such Websites are controlled by providers over which the Company has no control. Although the Platform provides a catalogue of Bookings and facilitates bookings with providers for the purchase of travel, such services do not constitute any sponsorship, affiliation, or endorsement of these bookings.

We remind you that by accessing providers' Websites or by making bookings made available or suggested through the platform on providers' Websites, you agree to be bound by these third parties' policies and terms and conditions. We encourage you to review these terms and conditions and policies and to use them at your own risk. You will need to make your own independent judgement regarding your interaction with third party Websites, including the purchase and use of any bookings accessible through them.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT BE A PARTY TO ANY AGREEMENT ENTERED WITH ANY SUCH PROVIDER AND WILL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN SUCH PROVIDERS' WEBSITES OR FOR ANY DIRECT OR INDIRECT CLAIM, BREACH, LOSS OR DAMAGE CAUSED OR ALLEGEDLY CAUSED BY OR IN CONNECTION WITH THE ACCESS OR USE OF SUCH THIRD PARTIES' WEBSITES.

13. General Provisions

Entire Agreement: These Terms of Use are the complete and exclusive statement relating to its subject matter and supersede all prior communications (oral or in writing) between you and the Company.

Assignment: We may transfer any of our rights or obligations under this Terms of Use to any of our affiliates or any third party designated by the Company.

Changes: Any new functionalities of the Platform will be subject to these Terms and Terms of Use. We reserve the right to amend sections of these Terms of Use at any time. The latest version will always be available on the Company's information Website (www.junctionconnect.com) and each time you access the Platform through your interactions with a Provider. Please read these Terms of Use from time to time to review the changes as they are binding to you. Your continued use of the Platform following the posting of changes to these Terms of Use or other policies means you accept the changes.

Severability: If any provision (or part thereof) of these Terms of Use is held by any court, or other competent authority to be void or unenforceable in whole or part, such void provision shall be deemed to be replaced by an enforceable provision with the closest effect possible to the original provision and these Terms of Use shall continue to be valid with respect to the other provisions and the remainder of the affected provisions.

Waiver: Any failure or delay by us in enforcing (in whole or in part) any provision of these Terms of Use will not be interpreted as a waiver of our rights or remedies.

14. Contact Details

If you have any questions, comments, or complaints about these Terms of Use, please contact our compliance manager on the following email: legal@junctionconnect.com

15. How is your personal data collected?

We use different methods to collect data from and about you including through:

• Direct interactions. You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.
• This includes personal data you provide when you:
  • Use our products or services;
  • Request marketing to be sent to you;
  • Request help solving technical issues
  • Give us feedback;
  • Contact us.

Automated technologies or interactions

As you interact with our website, we may automatically collect Technical Data about your equipment, browsing actions and patterns.

16. Glossary

Lawful basis/Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us.

Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering such a contract.

Comply with a legal obligation means processing your personal data where it is necessary for compliance with a legal obligation that we are subject to.

Third parties

• Internal Third Parties Other companies within Junction acting as joint controllers or processors and who are based in UK, EEA and UAE and provide IT and system administration services, product development and undertake leadership reporting.

External Third Parties

• Service providers acting as processors based in the USA, UK, EEA, and UAE who provide IT and system administration services;
• Professional advisers acting as processors or joint controllers including lawyers, bankers, auditors, and insurers based in the UK, EEA and UAE who provide consultancy, banking, legal, insurance and accounting services.
• HM Revenue & Customs, regulators and other authorities acting as processors or joint controllers based in the UK and EEA who require reporting of processing activities in certain circumstances.
• Other third parties acting as processors include recruitment agencies, debt collecting agencies and fraud prevention agencies based in the UK and EEA, who provide consultancy, debt recovery, credit checks and anti-money laundering services.

Your legal right

You have the right to:

• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
  • If you want us to establish the data's accuracy.
  • Where our use of the data is unlawful, but you do not want us to erase it.
  • Where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims.
  • You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
  • Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.