MEMBER INFORMATION

Definitions:

KLM Club China: a Business Club where frequent business travelers to China can create their own membership account and find services which will facilitate members to do business in China.

KLM Club China member: a person who enrolled in the program and adheres to the terms and conditions of KLM Club China.

KLM Club China Publications: the general name for the communication resources used to regularly update Members, such as the KLM Club China website and KLM Club China e-mails.

KLM Club China Services: services offered to members of KLM Club China by KLM and/or third parties and communicated through KLM Club China Publications.

‘KLM’: the Koninklijke Luchtvaartmaatschappij n.v. (KLM Royal Dutch Airlines), with its registered office in Amstelveen, the Netherlands.

Terms and Conditions: the terms and conditions governing the contractual relationship between KLM and Members in the KLM Club China and applicable to all Members.

Last Update: May 28, 2006

This agreement describes the terms on which you may access and use the services of KLM Club China. In order to become a KLM Club China member, you must read and accept all of the terms and conditions of this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. If you do not agree to be bound by the terms of this Agreement, you may not use nor access our services. We reserve the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this website. KLM retains the right to change or remove Terms and Conditions and/or to terminate KLM Club China as a whole by posting amended terms on this website. KLM shall not be liable for any loss or damage resulting from said changes and/or termination.Your continued use of the KLM Club China Service indicates your acceptance of the amended User Agreement.

Description of Service

KLM Club China is an online service offered to enable business travelers to create their own China business network, find and connect with other business travelers and make use of the services on the KLM Club China website offered by KLM and third parties.

Membership Eligibility

Membership is limited to the Elite members of the KLM/Air France Flying Blue Program and to companies invited by members of KLM Club China. Employees of these invited companies who want to join KLM Club China must be a member of the KLM/Air France Flying Blue Program. KLM Club China is not available to minors under the age of 18 or to any users suspended or removed from the system by KLM Club China for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their KLM Club China account to another party. If you do not qualify, you may not use the KLM Club China Services.

Use of Service

Your use of the KLM Club China Service is governed by this User Agreement. KLM Club China may refuse service without prior notice to any user for any or no reason.You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify KLM Club China of any unauthorized use of your password or account or any other breach of security. KLM Club China cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Termination

You agree that KLM Club China may, with or without cause, immediately terminate your KLM Club China account and access to the KLM Club China Services without prior notice. Without limiting the foregoing, the following will lead to a termination by KLM Club China of a user’s use of the KLM Club China Service: (a) breaches or violations of this User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, (e) extended periods of inactivity and (f) misuse of personal data from other KLM Club China Members. Termination of your KLM Club China account includes removal of access to all offerings within the KLM Club China Service and may also bar you from further use of the KLM Club China Service. Furthermore, you agree that all terminations shall be made in KLM Club China’s sole discretion and that KLM Club China shall not be liable to you nor to any third party for any termination of your account or access to the KLM Club China Service.

User Conduct

You understand and agree not to use KLM Club China to:

• Post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the KLM Club China Service for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
• Upload, post, e-mail, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, e-mail, transmit or otherwise make available any content or initiate communications that infringe upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation. This prohibition includes but is not limited to a) using KLM Club China invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact; b) using KLM Club China to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) sending messages to distribution lists, newsgroup aliases, or group aliases.
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the KLM Club China Service.
• Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
• Interfere with or disrupt the KLM Club China Service or servers or networks connected to the KLM Club China Service, or disobey any requirements, procedures, policies or regulations of networks connected to the KLM Club China Service.

International Use

Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Information Provided on this Website.

In the course of using the KLM Club China Service, members may provide information about themselves, which may be visible to certain other members. However members have their own control about the visibility of their profile to other KLM Club China members. It is possible via the website to get into contact with other members or that other members will contact you to build up a network of business contacts. This will only be validated if both users give their approval. You agree that the validated members in your network can communicate in a direct way to you and KLM Club China has no responsibility for these contacts. You understand that by posting materials on the KLM Club China website or otherwise providing materials to KLM Club China, you are granting KLM Club China a royalty-free, perpetual, irrevocable license to use this information in the course of offering the KLM Club China Service. Furthermore, you understand that KLM Club China retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the KLM Club China Service is the sole responsibility of the person from which such content originated and that KLM Club China will not be liable for any errors or omissions in any content. You understand that KLM Club China cannot guarantee the identity of any other users with whom you may interact in the course of using the KLM Club China Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

Access to Service

Use of manual or automated software, devices, or other processes to "crawl" or "spider" any web pages contained in the KLM Club China website is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, our web pages or the content included therein. You also agree not to "frame" or otherwise simulate the appearance or function of this website. Furthermore, you agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

Monitoring and Enforcement

While we have the right to monitor activity and content associated with the KLM Club China Service, we are not obliged to do so. And since we do not, and may not have the ability to, control or actively monitor content we don't guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Service Desk to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

Fees

Signing up for a basic KLM Club China account is free. Certain other services are provided for free only to certain users. KLM Club China reserves the right to charge for the KLM Club China Service or any portion thereof, modify the pricing of, add to, or discontinue the KLM Club China Service or any portion thereof without prior notice.

Indemnification

By accepting this User Agreement, you agree to indemnify and otherwise hold harmless KLM Royal Dutch Airlines, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the KLM Club China Service; ii) unauthorized access to or alteration of your communications with or through the KLM Club China Service; or iii) any other matter relating to the KLM Club China Service. Any business transactions which may arise between users from their use of KLM Club China are the sole responsibility of the users involved.Without limitation of the terms and conditions set forth in our Privacy Policy, you understand and agree that KLM Club China may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to comply with legal process, enforce this User Agreement, or protect the rights, property, or safety of KLM Club China, its users, and the public.

Disclaimer of Warranties

You understand and agree that the KLM Club China Service is provided on an "as is" and "as available" basis and that KLM Club China does not assume any responsibility for prompt or proper delivery, or retention of any user information or communications between users. KLM Club China assumes no responsibility for the accuracy or existence of any communications between users. KLM Club China expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. KLM Club China makes no warranty that (i) the KLM Club China Service will meet your requirements, (ii) the KLM Club China Service will be uninterrupted, timely, secure or error-free, (iii) the results obtained from use of the KLM Club China Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the KLM Club China Services will meet your expectations and (v) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the KLM Club China Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from KLM Club China or through or from the KLM Club China Service shall create any warranty not expressly stated in this User Agreement. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Entire Agreement

The User Agreement constitutes the entire agreement between you and KLM Club China and governs your use of the KLM Club China Service, superseding any prior agreements between you and KLM Club China.

Limitation of Liability

You expressly understand and agree that KLM Club China shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, even if KLM Club China has been advised of the possibility of such damages.

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the Netherlands and any dispute arising out of or in connection with these terms shall be adjudicated by the competent Dutch court, unless otherwise provided for by mandatory rules of law which are applicable irrespective of the law and place of jurisdiction governing the contract. Local legislation or regulations may imply that KLM is unable to offer the Club China program or parts thereof in certain countries or to certain Members. KLM shall not be liable upon acting in conformity with legislation or regulations and retains the right to terminate the contract with the member.

General Information

If you have, despite KLM's carefulness and cautions within Club China, any complaints regarding Club China, you can submit them to the Club China Service Desk. The Club China Service Desk can be contacted via the following e-mail address: clubchina@klm.com