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Terms of use
The following terms and conditions create a legally binding agreement
between you and Tawi Lodge Ltd ("tawilodge.com", "we" or "us" as the
context may require).
You acknowledge that your use of
www.tawilodge.com (the "website") is on condition that you accept
without variation the terms and conditions set out herein which we may
vary at our absolute discretion from time to time with or without
notice to you.
You acknowledge that your use of this website constitutes your
agreement to all the terms and conditions in force for the time being
as set out herein. If you do not agree to any part of the following
terms or conditions, you must not use this website nor the services
provided therein.
1. REGISTRATION
a.
In order to use the website and the products and services provided
herein, you must provide all the necessary equipment such as an
internet-ready computer and modem; pay any fee (including telephone
charges) associated with the provision of access to the internet; you
may also have to provide certain current, complete and accurate
information about yourself as prompted by our registration form;
maintain and update such registration details so as to keep the same
current, complete and accurate.
b. We reserve the right
to terminate your account and your use of this website without notice
to you if it comes to our attention that any of the registration
details you have provided is not current, incomplete or inaccurate.
2. YOUR OBLIGATIONS
You shall:
a. Keep your username and password secure and protected from unauthorized access or use;
b. Be entirely responsible for any and all activities that occur under
the use of your username and password whether or not actually or
expressly authorized by you;
c. Immediately email us at info@tawilodge.com
if you become aware of, or suspect, that your username and password
have been misused or compromised in any way, or any other breach of
security that comes to your attention;
d. Not use this
website in any way which interferes with its availability to other
users nor do anything that degrades the operational performance of the
website;
e. Not post or transmit onto the website or to any other users, any
unlawful, harassing, abusive, threatening, libelous, defamatory,
obscene , indecent, inflammatory, racially or ethnically objectionable,
pornographic or profane material, or any material that could constitute
or encourage conduct that would be considered a criminal offence, give
rise to civil liability, or otherwise violate any law;
f. Not interfere with other users' use and enjoyment of the website and
the services therein or engage in surveys, contents, chain letters or
post/transmit "junk mail","spam" or any unsolicited mass dissemination
of email;
g. Not upload or distribute any files that contain viruses, corrupted
files or any other similar computer program that may adversely affect
the operational performance of another computer;
h. Not use any device, software or routine or attempt to interfere with
the proper functioning of the website or any transaction offered at
this website;
i. Not use the website for any illegal purpose; and
j. Not use this website to make any speculative, false or fraudulent
reservation or any reservation in anticipation of demand.
3. REPRESENTATIONS&WARRANTIES
You represent and warrant that:
a.
You are of sufficient legal age and capacity to use this website in
accordance with all terms and conditions herein and to create binding
legal obligations in relation to the access and use of this website and
the services therein;
b. You are legally and financially
responsible for all uses of this website under your username and
password whether or not actually or expressly authorized by you; and
c. All information supplied by you is true, current complete and accurate.
4. DATA PROTECTION&PRIVACY
Please refer to our Privacy Policy for more information.
5. PROPRIETARY RIGHTS
a.
You acknowledge that the content of the website, including but not
limited to data, text, software, music, sound, photographs, video,
graphics or other material contained in any form including but not
limited to advertisements or commercially produced information
presented to you through the website, by us, or our advertisers or
other content providers, is protected by copyright, trade marks,
service marks, trade secrets, patents, database rights, moral rights,
publicity rights, confidentiality or other proprietary rights and laws,
belong to tawilodge.com or such third party identified therein. The
name of tawilodge.com or the trade marks, service marks and logo used
and displayed on this website may not be used in any way, including in
advertising or publicity, without prior written permission of
tawilodge.com.
b. You may make a copy of the content on
this website for your personal, non-commercial use only, provided that
you keep all copyright and other proprietary notices intact. You may
not further copy, modify, edit, reproduce, create derivative works or
materials, republish, upload, post, transmit, or distribute in any way
the content available through the website, including code and software.
Systematic retrieval of data or other content from this site to create
or compile, directly or indirectly, a collection, compilation,
databases or directory is prohibited.
c. You are not to download or otherwise export or re-export any
software or underlying information or material available through this
website, except to the extent that such downloading occurs in the
course of using this website in accordance with our written
instructions or otherwise as expressly permitted in this Agreement.
d. This clause shall survive any termination of this Agreement.
6. DISCLAIMER
a.
You acknowledge that your use of this website is at your sole risk and
discretion. This website (including the products and services provided
herein) are provided on an "as is" and "as available" basis and you
assume total risk and responsibility for any loss or damage arising
from or attributable to your use of this website (including the
products and services provided herein) including but not limited to any
damage to your computer, equipment or loss of your data.
b. tawilodge.com neither warrants nor makes any representations
regarding the accuracy, quality, timeliness, merchantability, fitness
for a particular purpose or completeness of this website or of any of
the data, communications, transmissions, information or service
contained in this website or that the use of this website will be
uninterrupted or error free or that any information, data, content,
software or other material accessible through this website will be free
of bugs, viruses, worms, cancelbots, trojan horses or other harmful
components.
c. We may modify or discontinue the website; any of the features or
services of the website and the information contained therein, at any
time, with or without notice to you, without any liability whatsoever
to you or any third party.
7. LIMITATION OF LIABILITY
a.
To the maximum extent permitted by any law, tawilodge.com specifically
excludes any and all liability for any direct, indirect, special,
incidental or consequential damages arising out of or in any way
connected with the access to and use of, availability of or inability
to access to and use of this website, or the information, products and
services obtained through this website, the submission of any personal
information, including, but not limited to, bank and credit card
details, the performance or non-performance by tawilodge.com, or any
unauthorized access or breach of security into this website through the
internet or otherwise arising, whether based on contract, strict
liability, tort (including negligence), product liability or otherwise
even if tawilodge.com or its agents or employees have been advised of
the possibility of such damages.
b. Notwithstanding
anything to the contrary in this Agreement, the liability of
tawilodge.com shall in no event exceed, in aggregate, Singapore Dollars
One thousand.
8. ACKNOWLEDGMENT
The
disclaimer and limited liability of tawilodge.com as set out in this
Agreement are fundamental elements of the basis of the bargain between
you and tawilodge.com, and you agree that tawilodge.com would not
otherwise be able to offer the products and services on its present
basis without such limitations. This clause shall survive any
termination of this Agreement.
9. FORCE MAJEURE
tawilodge.com
shall not be liable for damages of any kind arising out of any failure
or delay by tawilodge.com in performing any or all of our obligations
contained herein or in respect of any product or service if the failure
or delay is due to circumstances or cause beyond our reasonable control.
10. CANCELLATION OF SERVICE
tawilodge.com may without any liability to you whatsoever, at any time
and at its sole discretion and without cause or notice, terminate your
account or restrict your access to this website or refuse to give
effect to any booking or reservation requested by you without being
required to give any reasons or advance notice to you.
11. INDEMNITY
You
shall indemnify and keep tawilodge.com indemnified against all claims,
demands, actions, proceedings made or brought against tawilodge.com
arising from your use of this website and/or any breach of any term or
condition by you.
12. LINKS TO THIRD PARTIES
This website may contain hyperlinks to websites operated by parties
other than tawilodge.com. The inclusion of hyperlinks to such websites
does not imply tawilodge.com's endorsement of such websites nor any
association with their operators. tawilodge.com is not responsible for
the contents of other websites.
13. VARIATIONS
a.
tawilodge.com may at any time vary these terms and conditions of use
(including without limitation tawilodge.com's conditions of purchase as
set out below) with or without notice to you.
b. You
acknowledge that your continued use of the website and services
provided herein after the variations of these terms and conditions of
use shall constitute your acceptance of the same with immediate effect.
c. Please check this website regularly for such variations.
14. SEVERABILITY
Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall:
i. Be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability;
ii. Not invalidate the remaining provisions of this Agreement; and
iii. Not effect the validity of that provision in any other jurisdiction.
15. RELATIONSHIP BETWEEN THE PARTIES
No
joint venture, partnership, employment or agency relationship exists
between you and tawilodge.com as a result of this Agreement or your use
of this website.
16. ADDITIONAL TERMS&CONDITIONS
Additional terms and conditions will apply to your booking and purchase
of our products and services. You agree to abide by tawilodge.com 's
conditions of purchase and/or the terms and conditions of any supplier
of the travel-related products or services.
17. ENTIRE AGREEMENT
Subject to clause 13, this Agreement (including tawilodge.com's
conditions of purchase which are set out below) constitutes the entire
agreement between the parties in respect of its subject matter and
supersedes all prior understandings or agreements (whether oral or
written) regarding the subject matter.
18. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with
the laws of Singapore and you submit to the non-exclusive jurisdiction
of the courts of Singapore.
TAWILODGE.COM'S CONDITIONS OF PURCHASE
Without prejudice to the generality of the tawilodge.com User Terms
& Conditions, the booking for and purchase of products and services
through the website are subject to the following additional terms and
conditions and other terms imposed by our affiliates from time to time.
In respect of the purchase of Tawi Lodge Gallery products, please refer
to the posted terms and conditions for purchase of such products for
additional terms imposed for such services.
By effecting a booking for or purchase of any product or service
through this website, you agree to be bound by tawilodge.com's
Conditions of Purchase and the respective affiliates's terms as the
case may be.
1. MEMBERSHIP
You
may only make bookings for or purchase of products and/or services
through this website subject to your registration and our acceptance of
you as a registered member of the website. Membership is not
transferable but a registered member may make bookings on behalf of
non-member(s).
2. CHANGES
The rates quoted in respect of the products and/or services available
on this website and the corresponding rates thereof are subject to
change without notice. Please check this website regularly for updates
and promotional offers.
3. TRANSACTION
You acknowledge that the availability of the products and/or services
on this website does not constitute an offer by tawilodge.com and/or
its affiliates, acceptance of any request for the products and/or
services made by you is purely at the discretion of tawilodge.com
and/or its affiliates.
4. PAYMENT
a. Payment may be made by online or offline as prescribed on this website.
b. You must make payment for the product or service you have requested
in full using your selected mode of payment by the indicated due date
(where applicable) which will be notified to you. The due date varies
for each product or service.
c. If you fail to make full payment by the relevant due date in respect
of a booking of any product and/or service, your booking will be
cancelled automatically.
5. CURRENCY
a.
You may make payment for your booking in any one of the currencies
supported on the website. The applicable exchange rates of the
supported currencies shall be determined at the sole discretion of
tawilodge.com from time to time.
b. Your payment in any
of the supported currencies shall be in accordance with the applicable
exchange rates at the time of your payment.
c. tawilodge.com shall not be liable for any exchange rate losses
incurred by you as a result of any credit card or other transactions
effected over the website.
6. TRAVEL REQUIREMENTS
a.
It is your sole responsibility to obtain a valid visa (where required)
and comply with any applicable immigration laws for your entry and stay
at your destination.
b. Please ensure you have a valid
passport for the duration of your trip. If you require any further
information on passport or visa requirements please refer to our
website or contact our customer services department for assistance.
7. FORCE MAJEURE
tawilodge.com shall not be liable for damages of any kind arising out
of any unforeseen circumstance or circumstance beyond our control.
8. SPECIFIC TERMS - PRODUCTS & SERVICES
The following terms and conditions are applicable to products and services listed on the website:
a. Requests
i. When you request for a product or service provided by the
tawilodge.com and/or its affiliates which is subject to confirmation,
you irrevocably authorise tawilodge.com to automatically charge your
credit card upon tawilodge.com's and/or its affiliates' confirmation of
the availability of the product or service at the quoted rate.
ii. tawilodge.com will not automatically charge your credit card where there is a change in the rates quoted.
b. Availability
i. All requests for products and services on this website are subject
to availability and acceptance, at the discretion of the supplier of
such product and/or service (whether tawilodge.com and/or its
affiliates as the case may be).
ii. In the event a product or service booked by you is not available,
tawilodge.com shall use its reasonable endeavours to recommend to you
an alternative product or service of similar pricing and quality.
iii. Where the product or service provided by the supplier is either
not available or our suggested alternative (where applicable) is not
acceptable to you but is fully paid, we shall make a refund in
accordance with our refund policy.
iv. If you fail to accept our suggested alternative product or service
or render full payment by the specified due date as set out in
paragraph 4 above, we reserve our right to cancel our tentative booking
of the same.
c. Refund Policy
Refunds in such manner as tawilodge.com may determine at its discretion
may be made by tawilodge.com to you in the following circumstances if:
i. the product or service provided by the tawilodge.com &/or its
affiliates which has been fully paid for is not available and our
suggested alternative is not acceptable to you; or
ii. you cancel your booking with tawilodge.com &/or its affiliates
within the time period permitted for refunds as stipulated in our
confirmation to you.
Liability Disclaimer
While every effort has been made to make this website as complete and
as accurate as possible, its content should only be used as a general
guide and not as an original source of information. Comments,
suggestions or corrections relating to possible errors both
typographical and content would be much appreciated. tawilodge.com may
make improvements and/or changes in this web site at any time.
All transactions concluded on this website is on a caveat emptor basis,
you are advised to make your own independent inquiries in respect of
the products and services provided.
If you have any other questions about the use of this web site, please refer to our User Term & Conditions or e-mail info@tawilodge.com.