End User License Agreement

End User License Agreement

Thank you for using this Property. Please read the following terms and conditions (“the Agreement”) set out below carefully before using this Property and/or Mobile Application (collectively referred to as “Property”). By using this Property, you agree to be bound by the Agreement. For avoidance of doubt, you are contracting with Hello Travel Pte. Ltd. (UEN 201536273E) with its registered address at 5001 Beach Road, Golden Mile Complex, #03-65, Singapore 199588 (“the Company”).

  1. INTERPRETATION AND DEFINITIONa. Unless defined otherwise under this clause, section 2 of the Interpretation Act (Cap. 1) applies to the interpretation of this Agreement.b. “You” means the person who is using the Property.

    c. “Property” includes but is not limited to www.havehalalwilltravel.com, web-based application and/or associated mobile-based applications, and includes all technologies and intellectual property associated with the same;

 

  1. LICENSE GRANT AND RESTRICTIONS.a. Subject to the terms and conditions of this Agreement, the Company grants you a personal, limited, non-exclusive, non-transferable license to electronically access and use the Property. You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following: (i) access or attempt to access any other Company systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Property except where such acts are directly or indirectly permitted by the Company (including but not limited to through social media sharing functions); (iii) permit any third party to benefit from the use or functionality of the Property via a rental, lease, timesharing, service bureau, or other arrangement; iv) transfer any of the rights granted to you under this Agreement; (v) work around any technical limitations in the Property, use any tool to enable features or functionalities that are otherwise disabled in the Property, or decompile, disassemble, or otherwise reverse engineer the Property except as otherwise permitted by applicable law; (vi) perform or attempt to perform any actions that would interfere with the proper working of the Property, prevent access to or the use of the Property by Company’s other licensees or customers, or impose an unreasonable or disproportionately large load on Company’s infrastructure; or (vii) otherwise use the Property except as expressly allowed.b. A minimum age of 13 years is required to view our Property (“Minimum Age”). You may not use the Property in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Property. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce these Terms of Use.
  1. ACCOUNTSa. Some of the Property’s Services permit or require you to create an account to participate or to secure additional benefits.  You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information.  You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian.  You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.b. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright.  In addition, we may suspend or terminate your account and your ability to use the Property’s services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.

    c. You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control.  You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Property’s Services.

    d. The security, integrity and confidentiality of your information are extremely important to us.  We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.

  1. RESERVATION OF RIGHTS AND OWNERSHIP.a. The Property is licensed not sold, and the Company reserves all rights not expressly granted to you in this Agreement. The Property is protected by copyright, trade secret and other intellectual property laws. The Company and its licensors own the title, copyright, and other worldwide intellectual property rights in the Property and all copies of the Property. This Agreement does not grant you any rights to trademarks or service marks of the Company.b. Without limiting other remedies, we may limit, suspend, or terminate our service and your user accounts, prohibit access to our sites and their content, delay or remove hosted content, and take technical and legal steps to keep you off the sites if we take the view that you / your participation is causing problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies and the applicable laws and regulations.  Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts who may be repeat infringers of intellectual property rights of third parties.
  1. USE OF PROPERTYa. When you access the Property through a mobile network or roaming provider’s messaging, data and other rates and fees may apply. Downloading, installing or using certain services through the Property may be prohibited or restricted by your network provider and not all of our services may work with your network provider or device. For avoidance of doubt, any rates and fees payable to any mobile network or roaming provider are not included in any price, rate or fee listed on or payable to the Company on its Property.b. The Company will implement commercially reasonable measures and safeguards on the Property to mitigate any risk of credit or debit card transaction fraud. However, without prejudice to any term or condition in the Agreement, the Company shall not be liable for any unauthorized use or fraudulent use of any credit or debit card, and you shall indemnify the Company against all fees, costs, expense or damages arising out of any proceeding relating to any unauthorized use or fraudulent use of any credit or debit card.
  1. PRIVACY.a. For details about the Company’s privacy policies, please refer to the Privacy Policy. You agree to be bound by the applicable Company privacy policy, as it may be amended from time to time in accordance with its terms.b. For avoidance of doubt, the Company’s privacy policies as set out in the Privacy Policy are incorporated into this Agreement your use of the Property. You agree to be bound by the policies set out in the Privacy Policy.

 

  1. DISCLAIMER OF WARRANTIES.a. Subject to clause 7 of this Agreement, the Companydisclaims to the fullest extent authorized by law any and all warranties, whether express or implied, including, without limitation, any implied warranties of title, non-infringement, quiet enjoyment, integration, merchantability or fitness for any particular purpose. You assume responsibility for selecting the Property to achieve your intended results, and for the results obtained from your use of the Property. You shall bear the entire risk as to the quality, the performance and all consequences arising out of the use of the Property. You shall also bear the entire risk as to the quality, the performance and all consequences arising out of your selection of any Service Provider.

 

  1. LIMITATION OF LIABILITY.a. To the extent not prohibited by law, in no event shall the Company be liable for any direct, indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Property. In addition to the above, in no event shall the Company pay for incidental, indirect, special, punitive or consequential damages, even if they have been advised of or should have foreseen, the possibility of such damages. In no event shall the Company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of [fifty] dollars (S$). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

  1. INDEMNITY.

a.     You hereby agree to hold harmless and indemnify the Company and its officers to the fullest extent allowed under applicable laws and regulations against any and all expenses (including attorneys’ fees), witness fees, damages, judgments, fines and amounts paid in settlement and any other amounts that the Company is legally obligated to pay because of any claim or claims made against or by him in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, arbitrational, administrative or investigative (including an action by or in the right of the Corporation) to which the Company, is a party, or is threatened to be made a party.

 

  1. CONSENT TO ELECTRONIC COMMUNICATIONS.a. Company may be required by law to send Communications to you that may pertain to the Property, the use of information you may submit to Company, and the services you choose. Additionally, certain of the Third Party Services you choose may require Communications with the third parties who administer these programs. You agree that Company, on behalf of itself, and others who administer such services (as applicable), may send Communications to you by email and/or may make Communications available to you by posting them at one or more Property. You consent to receive these Communications electronically. The term Communications means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Property and the Online Services and Third Party Services.

 

  1. TERMINATIONa. Without prejudice to any term and condition in this Agreement, you are entitled to terminate this Agreement.b. The Company is entitled to terminate this Agreement and delete your account and/or information from the Property with immediate effect and by written notice for the following reasons:

    c. If the Company has reason to believe that you are engaging in fraudulent practices

    d. If the Company has reason to believe that you are engaging in activities that may incur criminal liability or investigation;

  • For any other reasonable ground where the interests of the Company or any other third parties may be prejudiced or adversely affected.e. The Company has the absolute discretion to determine any and all matters set out above in Clause 11(b).f. In the event that the Company terminates this Agreement in accordance with Clause 11(b) above, the Company may provide a written notification setting out the ground(s) of termination but the Company is not obliged to provide any evidence or document to substantiate the said ground(s) of termination. In the event of such termination, the Company may refund you any subscription fees or charges that have been paid in advance on a pro-rata basis.

    g. Terminationof this Agreement for whatsoever ground is without prejudice to any obligations or liabilities of parties already accrued prior to termination.

 

  1. AMENDMENT.a. The Company shall have the right, to change or add to the terms of its Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of Property and Services (including but not limited to Internet based services, pricing, technical support options, and other product-related policies) upon notice by any means the Company determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in Property or on any Company sponsored web site.b. Any use of the Property by you after Company’s publication of any such changes shall constitute your acceptance of this Agreement as modified.

 

  1. UNSOLICITED IDEAS POLICY

 

We do accept or consider unsolicited creative ideas, suggestions or materials.  In connection with anything you submit to us – whether or not solicited by us – you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.

 

  1. PRIZES & COMPETITIONSa. We may from time to time run competitions, contests or quizzes on our Property or in connection with our service.b. No cash or alternative prizes are available, except that we (or the party providing a prize) reserve the right to substitute a similar prize of equal or greater value.  Prizes cannot be transferred (except to a child or other family member) or sold by winners.  Only the number of prizes stated for the competition is available to be won and all prizes will be awarded provided a sufficient number of eligible entries are received and prizes are validly claimed by the date provided in connection with the competition, after which no alternate winners will be selected or unclaimed prizes awarded.  Unless otherwise disclosed in the prize description prior to entry, winners are responsible for all costs and expenses associated with claiming a prize.  All taxes are solely the responsibility of each winner, although we reserve the right to withhold applicable taxes and each winner agrees to complete any required tax forms.

    c. Your acceptance of a prize constitutes agreement to participate in reasonable publicity related to the competition and grants us an unconditional right to us to use your name, city, province or country, likeness, prize information and statements by you about the competition for publicity, advertising and promotional purposes and to comply with applicable law and regulations, all without additional permission or compensation.  As a condition of receiving a prize, winners (or their parents or guardians) may be required to sign and return an affidavit of eligibility, liability release and publicity release.

    d. We also reserve the right to impose any further other terms or conditions in relation to specific competitions, contests or quizzes.

 

  1. MISCELLANEOUS.a. Except as expressly set forth in this Agreement, this Agreement constitutes the entire agreement between you and the Company and sets forth the entire liability of the Company, its Suppliers, and service providers, and your exclusive remedy with respect to the Property, and its use. The Suppliers, agents, employees, distributors, and dealers of Company are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on Company. Any dispute, issue or controversy (whether in contract or tort) arising out of the use of the Property shall be solely governed by this Agreement.b. Any waiver of the terms herein by Company must be in a writing signed by an authorized officer of Company and expressly referencing the applicable provisions of this Agreement.

    c. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

    d. This Agreement shall be exclusively governed by the laws of the Republic of Singapore and all disputes arising out of this Agreement shall be referred to mediation first under the applicable rules of the Singapore Mediation Centre (SMC) before being arbitrated under applicable rules of the Singapore International Arbitration Centre (SIAC). All agreements concluded during the SMC Mediation or decision made at the SIAC Arbitration shall be final and binding on all parties.

    e. Headings are included for convenience only, and shall not be considered in interpreting this Agreement.

    f. As used in this Agreement, the word including means including but not limited to. This Agreement does not limit any rights that Company may have under trade secret, copyright, patent or other laws. For avoidance of doubt, all terms herein shall be considered as ‘conditions’.

    g. To the extent not prohibited by law, parties hereby agree that all terms and conditions set out in this Agreement satisfy the reasonableness test for the purposes of the Unfair Contract Terms Act (Cap. 396).

    h. To the extent not prohibited by law, parties hereby agree that the Contract (Rights of Third Parties) Act (Cap. 53B) is not applicable to this Agreement.

    i. The Company may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior consent (written or oral) of the other party.