1. AGREEMENT BETWEEN CUSTOMER AND EOASIA
This Website and associated services contained herein are offered to you based on your acceptance without modification of all the terms, conditions, and notices set forth below. Your access and/or use of this Website in any manner, implies that you agree to be bound by the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this Website signifies your acceptance of the updated or modified Agreement. These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Singapore, without reference to its conflicts of law rules.
2. USE OF THE WEBSITE AND ASSOCIATED PRODUCTS
As a condition of your use of this Website, you warrant that you (i) are at least 18 years of age; and (ii) possess the legal authority to enter into a binding legal obligation. eOasia reserves the right to deny access to anyone to this Website and to the services we offer.
3. SCOPE OF USE
These terms of service (the “Terms”) apply to your access and use of the mobile web application and the website located at www.eoasia.com and any feature, content, tools and services accessible by means of the Application. The Application and such services are collectively referred to as the “Service”. The Terms do not alter in any way the terms or conditions of any other agreement you may have with eOasia for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf, and that such entity agrees to indemnify you and eOasia for violations of the Terms.
4. MODIFICATION OF TERMS
Specific notice of said changes is waived as condition of this Agreement. If you do not agree to the amended Terms, you must stop using the Service.
5. PRIVACY AND USE OF PERSONAL INFORMATION
6. DEVICE USAGE TERMS AND CONDITIONS
7. REGISTRATION DATA
8. GRANT AND RESTRICTIONS
9. THIRD PARTY USAGE
10. CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS
11. COMPATIBILITY WITH MOBILE DEVICES
12. CARRIER CHARGES
You acknowledge and understand that the Service requires and utilizes phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.
13. PRODUCT DESCRIPTIONS
eOasia attempts to be as accurate as possible. However, eOasia does not warrant that the Service is complete, reliable, current or error-free. If you have reason to believe that an activity you purchased through the Service does not meet the claims advertised within the Service your sole remedy is to not consummate your activity and contact eOasia immediately, and in any case no later than the starting date of the activity. eOasia will make a determination as to the merits of your claim in our sole discretion.
14. HONORING YOUR PAYMENT COMMITMENTS
15. ELECTRONIC COMMUNICATIONS
When you use the Service or send e-mails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by e-mail or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any such emails may include marketing and promotional content.
16. THIRD-PARTY INTERACTIONS
Your use of the Application and your contact, interaction, or dealings with any third-parties arising out of your use of the Service is solely at your own risk. You acknowledge and agree that eOasia is not responsible or liable in any manner for any loss, damage or harm of any sort incurred as the result of the Service. The suppliers providing activities through the Service are independent contractors and not agents or employees of eOasia. eOasia is not responsible, and shall not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.
17. USER CONTENT AND YOUR CONDUCT
The Service includes forums and other interactive areas or services (“Interactive Areas”) in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials (“User Content”). You are solely responsible for your use of such Interactive Areas and the User Content you share.
18. PROHIBITED USE
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
- User Content that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
- User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party;
- Unsolicited promotions, political campaigning, or commercial messages (SPAM) or any chain messages or User Content designed to deceive or trick the user of the Service;
- Private information of any third-party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and
- Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without eOasia’s express written consent.
You further agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of the following in connection with the Service or the users of the Service:
- Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
- Collect any personally identifiable information about other users (except as specifically authorized by eOasia), or intimidate, threaten, stalk, or otherwise harass or cause discomfort to other users of the Service;
- Use the Service for any commercial purpose;
- Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by eOasia;
- Create an account, post any content, or otherwise use the Service if you are not, at least, 18 years of age;
- Modify, adapt, hack or emulate the Service;
- Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and
- Infringe upon or violate the rights of eOasia, its users or any third-party.
- Accounts on the application are personal. It is not allowed to create more than one account per person.
eOasia takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service, nor is eOasia liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas and the Service is at your own risk. Enforcement of the user content and conduct rules set forth in the Terms is solely at eOasia’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third- party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
We reserve the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information
19. THIRD-PARTY CONTENT
eOasia may provide third-party content via the Service and may provide links to Web pages and content of third-parties (collectively, the “Third-Party Content”) as a service to those interested in this information. eOasia does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that eOasia is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
20. ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES
eOasia may run advertisements and promotions from third-parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. eOasia is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non- eOasia advertisers or third-party information accessible via the Service.
21. INTELLECTUAL PROPERTY NOTICES
All materials on this Website, including but not limited to the Content are protected by copyright under Singapore copyright law, international conventions, and other copyright laws and are the property of eOasia, or its subsidiaries, affiliated companies or third-party licensors. The Service (including, but not limited to, the Application) contains the valuable proprietary content of eOasia and its licensors and is protected by copyright and other intellectual property laws and treaties. You agree not to use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of the Terms.
22. MODIFICATION OF APPLICATION
eOasia reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will eOasia be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).
If you breach any of the terms or conditions of the Terms or eOasia discontinues the Application, the Terms will automatically terminate. In the event of the termination of the Terms for any reason: (i) the license granted to you in the Terms will immediately terminate; and (ii) you must immediately cease all use of the Application and destroy or erase all copies of the Application in your possession or control. All of the sections of the Terms will survive any termination of the Terms except the License section and the Consent to Use of Data and Mobile Communications section. Any use of the Application after termination is unlicensed and is in violation of the copyright and other rights of eOasia. eOasia and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EOASIA DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT EOASIA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. EOASIA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICA TION WILL BE ACCURA TE OR MEET YOUR REQUIREMENTS, THA T THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY EOASIA OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.
You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; (ii) your violation of the Terms or your violation of the rights of any third-party; or (iii) any user content.
26. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL EOASIA BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF EOASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL EOASIA’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE.
27. RIGHT OF REFUSAL
eOasia reserves the right not to accept customers or bookings (or in exceptional cases to cancel confirmed ones) at our discretion and for whatever (legal) reason without the need to justify such refusal. Typical reasons for rejecting a customer or booking include, but are not limited to:
- force majeure events
- trade or economic sanctions
- (suspicions of) fraud or theft,
- suspected criminal activity,
- suspicious bookings
- submission by customer of misleading or erroneous information
- credit card problems, inappropriate behavior
- threats, insults, violence,
- refusal to supply information
- practical obstacles
- communication problems
- obvious errors
In case a booking is rejected or cancelled by eOasia and a payment has already been made, you will receive a refund of the total booking value. We also reserve the right to bar (“blacklist”) users from the app, on a permanent or temporary basis, at our discretion. Any such blacklisted user must not attempt to use the App under any other name or through any other user.
In rare cases, we reserve the right not to accept and cancel or reject a booking due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Site/ App (e.g. in terms of price) which a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such case. Whether to cancel or reject a booking for this reason is in eOasia’s sole discretion.
These terms and conditions may not be verbally changed nor changed by writing by any unauthorized person, including employees of eOasia and eOasia’s Customer Support teams.
These terms and conditions may not be changed by any unauthorized person, including employees of eOasia.