TERMS OF USE
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Updated as at September 2021
THESE TERMS OF USE MUST BE READ TOGETHER WITH OUR PRIVACY POLICY AND SERVICE GUARANTEE.
WHAT ARE THE TERMS OF USE
These Terms of Use inform you of the rules for using our website, [www.econnex.asia] (“Website”), including the content standards which apply when you upload content to our website or interact with our website in any other manner. References to the Website are deemed to include, but are not limited to, our website, mobile applications, other related applications or other means connected to our Website.
By using our Website and its related services, you agree to accept the terms, conditions and notices set out below in these Terms of Use. Should you not accept all the terms and conditions in these Terms of Use, you must not use this Website or its services.
These Terms of Use shall also refer to the following additional terms, which are also applicable to you when you use our website:
a) Our Privacy Policy
b) Our Service Guarantee
By using our Website, you warrant that you have legal capacity (including having at least attained the age of legal capacity in your country) to enter into a legally binding contract. You also warrant to use our Website only to make legitimate reservations.
The following definitions apply in the Terms of Use:
“Weconex” refers to Weconex Holdings (SEA) Pte. Ltd., a Singapore company with its registered address at 29 Media Circle, #04-21, Singapore 138565 and it includes any companies within the Weconex Holdings (SEA) Pte Ltd group of companies, and domestic and international affiliate companies and/or its holding company and/or its subsidiaries and/or the subsidiaries of its holding company and/or its associates and/or its affiliated companies and/or its contractual partners (together “Weconex,” “we,” “us,” “our”).
We may edit or alter these Terms of Use from time to time and will indicate the date on which such edits/alterations were last made to these Terms of Use on the first page of the Terms of Use. Any revisions made will come into effect upon posting. We will take the necessary measures to inform our members about any material changes to our Terms of Use, either by sending a notice to the email addresses provided or by placing a notice on our Website. We would advise you to review these Terms of Use periodically to keep updated on the most current version.
The Terms of Use of constitute the entire agreement between you and Weconex. They override any previous agreement or understanding.
THE SERVICES WHICH WE PROVIDE
Through the Website, Weconex provides an online platform through which customers can access a variety of travel-related services, including but not limited to: booking and purchase of tickets for tourist attractions, booking of hotel accommodation and booking of air tickets.
We reserve the right not to accept you or your use of our services (or in exceptional cases to cancel completed transactions) at our discretion and for any (legal) reason without having to justify our refusal. We may generally reject you or your use of our services in circumstances which include, but are not limited to: Breach of the Terms of Use, force majeure events, trade embargoes, economic or trade sanctions, legal restrictions, theft or fraud (or suspected theft or fraud), suspected criminal activity, submission of misleading or erroneous information by you, problems with payment transactions via credit card, debit card or other payment method, insults, inappropriate behaviour, threats, violence, refusal to provide information, practical obstacles, communication problems, obvious errors, history, blacklisting by governments or international organizations etc.
If your use of our services is rejected or cancelled by Weconex after payment has been made, we will refund the said payment to you. In the case of unauthorised activities or in any other case that we deem appropriate in our sole and absolute discretion, we reserve the right not to refund you the total payment sum or part thereof. We also reserve the right to block users from the Website, on a permanent or temporary basis, at our sole and absolute discretion. Any user who has been blocked by us must not attempt to use the Website through any other use, or under any other name
In exceptional cases, we may also have to reject or cancel a completed transaction, or make adjustments to the same due to “obvious errors”, notwithstanding how such errors may have occurred. To elaborate, an “obvious error” is a mistake on the Website (for example, in terms of price) which would be deemed as abnormal to a reasonable person. In such an event, the completed transaction will be adjusted, or, where relevant, your payment will be refunded to you without additional administrative fees.
USER ACCOUNT INFORMATION
You warrant that all user account information provided by you is true, updated and complete.
If you are provided with, or choose to make use of, a password, user identification code or such other piece of information as part of our security and verification process, you must treat such information as confidential and must not share it with any third-party. You are fully aware and consent that we will not be held liable for any losses incurred by you resulting from your failure to treat such information as confidential.
We reserve the right to disable any password or user identification code at any time (whether such information is provided by us or chosen by you), if we have reason to believe that you have failed to comply with any provision in these Terms of Use.
If you come to know or suspect that a third-party knows your password or user identification code, you must inform us of the same immediately.
USE OF OUR WEBSITE
Weconex grants you a limited, non-transferable and revocable license to access and use this Website pursuant to the express permissions granted in the Terms of Use. Apart from this limited license, we do not grant you any other rights or license with respect to the Site. Any rights or licenses not expressly granted herein are reserved.
All copyrights, trademarks, patents, business domain names, rights in designs, rights in computer software, database rights and all other intellectual property rights, in each case whether registered or unregistered, in our Website are either proprietary to us or have been licensed to us. All such rights are reserved.
You may only use our Website to make legitimate enquiries or transactions and you hereby undertake not to make any speculative, false or fraudulent transactions or any such transactions in anticipation of demand. You also undertake to provide us with accurate and complete payment details when making any transactions with Weconex or the Website. You also undertake to provide Weconex with accurate and complete contact details (such as mobile numbers, e-mail address and postal addresses) and acknowledge that Weconex may use these details to contact you if necessary and required.
You also undertake to acknowledge our status (or that of any identified contributors) as the authors of the content from this Website. As a condition of using the Website, you agree to use the Website only for lawful purposes. You agree not to modify, copy, transmit, distribute, display, reproduce, perform, publish, license, create derivative works from, transfer, sell or re-sell any information, products, or services obtained from the Website without our prior written consent.
In addition, you agree not to:
a) Use the Website or its contents for any commercial purpose, save for such commercial purposes which are expressly permitted under these Terms of Use;
b) Access, monitor, reproduce or copy any information or content from the Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express prior written consent;
c) Violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Site;
d) Take any action which imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
e) Deep-link to any portion of the Website for any purpose without our express prior written consent;
f) “Frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written consent;
g) Deliver any illegal or unauthorised postings to or through the Website, or any postings which advocate illegal activity;
h) Deliver, or provide links to, any postings containing material that could be deemed harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, racist, discriminating, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
i) Deliver or provide links to, any postings containing defamatory, slanderous, false or libellous material;
j) Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
k) Deliver any posting that you do not have a right to make available under law or contractual or fiduciary relationships;
l) Impersonate another person or entity, misrepresent your affiliation with another person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
m) Use the Website in any way which could damage, impair or otherwise interfere with the use of the Website or the computer equipment of other users, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
n) Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software programs used by Weconex in connection with the Website and / or the services offered by Weconex;
o) Circumvent, disable or otherwise interfere with the security-related features of the Website, or any features that prevent or restrict use of copying of any content or information;
p) Download any content or information from the Website which is not explicitly made available for download by Weconex;
q) Do any other thing which could result in damage to Weconex, the Website and each of their employees and reputations, or would cause detriment to the same; or
r) Aid or abet any of the above.
Without the express consent of Weconex, no website shall establish any link to any page beyond the homepage of the Website or frame the Website or any content or information herein, nor shall any entity establish any link in such a way that suggests any form of association or endorsement on the part of Weconex where none exists. We reserve the right to withdraw permission to establish links to our Website without notice.
In using the Website and / or its services, you represent and warrant that you are not covered under any international sanction program. Where applicable, you undertake to satisfy all obligations as required by your country of residence.
We do not guarantee the security of our Website, nor that it will be free from computer viruses. You are responsible for configuring your computer software or hardware to access our site. You should use your own anti-virus software. You must not misuse our Website by introducing and computer viruses or other material that are harmful or malicious. You must not attempt to gain unauthorised access to the Website, the server on which our site is stored or any server, computer or database connected to our site.
PRIVACY
We respect your privacy. Kindly refer to our Privacy Policy for further information.
SERVICE GUARANTEE
We endeavour to provide good service to you. Kindly refer to your Service Guarantee for further information.
PAYMENT
For payment transacted via the Website, you authorise us to collect and process (including the collection and processing through a third-party) your information as required by processing service providers or the financial institution that issues your credit card, debit card or other payment method in order to verify your identity. Personal information collected about you and that may be shared to such third-parties (including to handle your transaction and/or maintain your account) is set out in our Privacy Policy.
Should you use a credit card, debit card or other payment method to perform a payment transaction on our website, please ensure the validity of such payment method and there are sufficient funds to complete the transaction. Weconex will process refunds, as and when necessary, within a reasonable timeframe. You also authorise that in the case of refunds, reversals or other adjustments to the payment transactions, such funds can be credited back to your credit card, debit card or other payment method.
We may use SSL (Secure Socket Layer) technology to protect and encrypt the information transmitted to us from your credit card, debit card or other payment method. Kindly note that your bank may impose additional fees on the payment transaction.
You may incur an administrative fee or other charge from you card issuer or bank for the processing of a foreign transaction. Kindly contact your bank or card issuer for more details on this.
In the event of fraud or unauthorised use of your credit card, debit card or other payment method, you should contact your bank or card issuer immediately. If you suspect that a fraudulent or unauthorised payment transaction was made via our Website, kindly contact our Customer Service team immediately.
You must be over 18 years old (or above the legal age of majority in your country), and must have full legal capacity (or authorisation from your legal guardian) before making any payment transaction on the Website. You undertake that any payment method you use, including any internet banking service, credit card or debit card is owned by you or that you are authorised to complete the payment transaction with such payment method. You also undertake that there are sufficient funds to cover the cost of the transaction. You accept the financial responsibility for all payment transactions made under your name or via your user account.
You undertake to ensure the accuracy and completeness of the personal details provide to us in connection with any payment transactions. We reserve the right not to accept certain payment methods, and may add or remove other payment methods at our discretion.
Unsuccessful payment transactions
Payments made via our Website may be unsuccessful for various reasons. In such cases, we may offer you an alternative in order for your payment transaction to proceed. If you have any questions, please contact our Customer Service team.
Currency Conversions
Any currency rates posted reflected our Website are based on various sources and should only be used as a guide. The provider of your payment account may use a currency rate which is different from what is reflected on our Website, and you bear the responsibility of confirming the same.
INTELLECTUAL PROPERTY RIGHTS
Trademark Notice
The mark “EConnex”, as well as the Chinese transliteration, are in the process of being registered as trademark of Weconex. Other company names or product names which are identified on the Website may constitute the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of Weconex, its licensors or a third-party. The use of such name, trademark, trade name, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party on this Website, and the availability of specific goods and/or services from such third-party through the Website, should not be deemed as a sponsorship or endorsement of the Website by any such third-party, or the participation by such third-party in the offering of goods, services or information through the Website. The copyright to the Website is owned by Weconex. You are not to use the intellectual property of Weconex without our written consent.
The Website contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics. This may and can include video, graphics, music and sound. The entire contents of the Website are protected by copyright law. We, and our licensors, own the copyright and/or database right in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You are not to modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in the Terms of Use.
Unless stated otherwise, the software required for our services or available at or used by the Website and the intellectual property rights (including the trademarks, service marks, logos, designs, copyrights etc.) in the contents and information and material on the Site are owned by Weconex, its licensors, suppliers (including the Accommodations) or providers. Weconex does not assume any liability for copyrighted materials provided by third parties or any intellectual property right infringements by such third parties.
The information provided on the Website is for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of any material downloaded from the Website is allowed without the written consent of Weconex and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, you shall not make change to or delete any author attribution, trademark legend or copyright notice. You understand and accept that by downloading copyrighted material from the Website, you do not acquire any rights of ownership.
Where our Website contains links to other websites and/or resources provided by third-parties, such links are only provided for your information. We shall not be deemed to have approved of these linked websites or any information which you may obtain therein, as we do not have control over the contents of these websites or resources.
Claims of Copyright Infringement
If, in good faith, you believe that the content hosted on our Website infringes upon your copyright, you may send us a written notice that includes the following information:
a) Your name and address;
b) Where you do not own the copyright or are not the exclusive licensee of the copyright, the name and address of the copyright owner or exclusive licensee;
c) Where you are not residing in Singapore, your address for service in Singapore;
d) Your contacts details, such as your telephone number, facsimile number and email address;
e) Sufficient details so as to allow us to identify the copyrighted work allegedly infringed;
f) Sufficient details so as to allow us to identify and locate the allegedly infringing electronic copy, including the online location of the electronic copy;
g) A statement that you require us to remove or disable access to the electronic copy;
h) A statement that you believe, in good faith, that the electronic copy infringes the copyright in the work identified at paragraph (e) above;
i) A statement that the information in your notice is accurate;
j) A statement that you are either the owner or exclusive licensee of the copyright in the work identified at paragraph (e) above, or you are authorised to act on behalf of such owner or exclusive licensee; and
k) A statement that you submit to the jurisdiction of the courts of Singapore for the purposes of proceedings under relevant provisions in the Copyright Act of Singapore.
The notice must be signed by you and sent to us via registered mail to our registered address.
We will review and address all notices which comply with the above requirements in accordance with applicable law.
We would suggest that you obtain legal advice before filing a notice. Also, kindly note that you may be liable for damages or guilty of an offence should you make a false claim of copyright infringement.
LEGAL
Disclaimer of Warranties
All content (which includes all software, products, services, information, text and related graphics contained within or available through the website) are provided to you on an “as is,” “as available” basis. Weconex makes no representations or warranties of any kind, either express or implied, as to the operation of this Website or the information, content or materials included herein and to the fullest extent permissible pursuant to applicable law, Weconex disclaims all representations, conditions and warranties of any kind, either express or implied, including, but not limited to, the implied conditions or warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. Weconex does not warrant or make any representations that the website will operate without or with uninterrupted service, that defects will be rectified, or that the website and/or its servers will be free of viruses and/or other harmful components. Weconex does not make any warranty or representation regarding the suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within the Website for any purpose.
Unless Weconex is at fault for gross negligence or intentional or willful misconduct, Weconex is not responsible for any failures caused by server errors, misdirected or redirected transmissions, faulty internet connections, interruptions in the transmission or receipt of reservations or, any computer virus or other technical defect, whether human or technical in nature.
Limitation of or exemption from the aforementioned liability may not be permitted under the relevant applicable laws. In such case, Weconex shall bear the liability to the extent set forth in the relevant laws.
General Limitation of Liability
To the extent permitted by law, in no event shall Weconex and/or its affiliates, including its respective officers, directors, employees, representatives, subsidiaries, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the site and its contents (collectively the “Relevant Parties”), be liable to any person or entity whatsoever for any direct, indirect, incidental, special, exemplary, compensatory, consequential, or punitive damages or any damages or losses whatsoever, including but not limited to (where relevant, caused by):
a) Loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, inconvenience, stress, distress, loss of claim, business interruption, data or other intangible losses;
b) Your inability to use, unauthorised use of, delay, performance or non-performance of the site;
c) Unauthorised access to or tampering with your personal information or transmissions;
d) The provision or failure to provide any service, including services rendered or products offered by the accommodation, (partial) cancellations or overbookings;
e) Errors or inaccuracies contained on the site or any information (including but not limited to the (descriptive) information (including rates, availability and ratings) of the accommodation as made available on the site), software, products, services, and related graphics obtained through the site;
f) Any transactions entered into through the site;
g) Any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of the site or any site to which it provides hyperlinks; o
h) Damages otherwise arising out of the use of the site, any delay or inability to use the site, or any information, products, or services obtained through the site; or
i) Any (personal) injury, death, property damage, or other damages attributable to the accommodation (its employees, directors, officers, agents, representatives or affiliated companies)
j) Any damages caused by a force majeure event. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if a relevant party has been advised of the possibility of damages.
A force majeure event is any event beyond the Relevant Parties’ control and can include, but is not limited to, natural disasters, weather conditions, fire, nuclear incident, electro-magnetic pulse, terrorist act, riots, war, arson attacks, insurgency, rebellion, armed hostilities of any kind, labor disputes, lockouts, strikes, shortages, government actions or restraints, pilferage, bankruptcy, machinery breakdown, network or system interruptions or breakdown, internet or communications
breakdown, quarantine, epidemic, pandemic etc. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Relevant Party shall be responsible for any Accommodation’s breach of any condition or warranty including, but not limited to, implied conditions or warranties of fitness for a particular purpose or of merchantability, nor shall any Relevant Party be responsible for any other wrongdoing of an Accommodation (including any liability in tort), as to any products and/or services available through the Site. Weconex does not guarantee continuous access without interruption to the Site.
Weconex will bear the responsibility required by relevant laws only if it is at fault for engaging in intentional or willful misconduct or it is grossly negligent in providing the relevant service. To the extent permissible pursuant to the relevant applicable laws, and without prejudice to the limitations set out in these Terms of Use, the liability of Weconex, in the aggregate, will not exceed the lesser of:
a) The aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events); or
b) Three hundred and fifty Singapore Dollars (or its equivalent in local currency).
In case of an overcharge or mischarge caused by Weconex, you can make a claim regarding all erroneous charges notwithstanding what is set out above.
In addition, limitation of or exemption from the aforementioned liability may not be permitted pursuant to the relevant applicable laws. In such case, Weconex shall bear the liability to the extent set forth in the relevant laws. Claims should be submitted as soon as possible after occurrence of the event giving rise to the claim. Claims submitted with undue delay may be considered void pursuant to applicable statute of limitations. Only claims made in good faith will be considered.
Miscellaneous
You agree to indemnify, defend and hold harmless Weconex and its partners, payment service providers and other applicable third parties from and against any liability, damage or loss including legal fees and expenses that are incurred or suffered as a result of:
a) Any breach or non-compliance by you of any law or any term of these Terms of Use;
b) Any action, inaction or omission by you; or
c) Any dispute or litigation caused by your actions, inactions or omissions.
If you use the Site for or on behalf of a third-party, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the third-party of all applicable terms and conditions. Each customer using the Website for or on behalf of a third-party agrees to indemnify and hold Weconex and its affiliates harmless from and against any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the third-party’s or the user’s failure to fulfill any of its obligations as described above.
Where the original English version of these Terms of Use has been translated into other languages, the English version shall prevail in the event of any inconsistences between the versions.
The Terms of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provisions shall be replaced by a provision approximating as much as possible the original wording and intent.
Weconex reserves the right, in its sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Website and/or any portion thereof, including any service or product available through the Website, and/or your use of the Website, or any portion thereof. In the event of termination of the Website, the transactions made via Weconex will still be honoured unless you are informed otherwise. You will still be bound by your obligations under the Terms of Use, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Weconex shall not be liable to you or any third-party for any termination of your access to the Website. Weconex reserves the right to amend or repeal the Terms of Use (or parts thereof) as it deems appropriate.
These Terms of Use and the provision of our services shall be governed by and construed in accordance with the laws of Singapore without reference to Singapore conflict of laws rules, and any dispute arising out of the Terms of Use and Weconex’s services shall exclusively be submitted to the competent courts in Singapore. The Contracts (Rights of Third Parties) Act 2001(Cap. 53B) is expressly excluded and shall not apply to the Terms of Use.
Failure by Weconex to enforce a right does not result in waiver of such right. You may not assign or transfer your rights unless agreed by us. We reserve the right to freely assign the Terms of Use and the rights and obligations hereunder. We may amend the Terms of Use at any time by posting a variation on the Site. The latest version of the Terms of Use will supersede all previous versions. Your bookings will be governed by the then current applicable Terms of Use at the time of your specific bookings.
BREACH OF THESE TERMS OF USE
Should you fail to comply with these Terms of Use, we may take any or all of the following actions against you:
a) Withdraw your right to use our Website (on a temporary or permanent basis).
b) Removal any content or information which you have uploaded to Website (on a temporary or permanent basis).
c) Issue you with a warning.
d) Commence or further legal proceedings against you to seek compensation for any losses resulting from such breach, with costs payable on an indemnity basis.
e) Disclose such information to the relevant law enforcement authorities as we deem necessary or as required by law.
FEEDBACK OR COMPLAINTS
If you have any feedback or complaints about our services, kindly contact our Customer Service team. We will address your concerns to the best of our abilities. Feedback or complaints about services rendered by our Affiliates would be governed by the terms and conditions of such Affiliates.
GOVERNING LAW
Both you and Weconex agree to submit to the jurisdiction of the courts of law in Singapore. If any term of these Terms of Use conflicts with the applicable laws, such term shall be reinterpreted in a manner which is consistent with the applicable law as much as possible, while the remaining terms shall continue to have legal effect on you. Both parties agree that any disputes arising from the interpretation of these Terms of Use and your reservation, booking or ordering of any product or service on our Website shall be first submitted for mediation at the Singapore Mediation Centre, failing which the appropriate legal remedies can be pursued at the State Courts of the Republic of Singapore or the High Court of the Republic of Singapore.