Terms & Conditions
This page sets out the terms on which you may make use of this website
located at www.Hotelstrack.com ("Site") operated by Ohohho Pte Ltd., Ltd.
Please read the Terms and
Conditions of Use and our Privacy Policy carefully before you start to use
our Site and such online and/or electronic services and/or interactive
services provided at or in connection with this Site ("Services").
By accessing and/or using our Site and Services, you acknowledge that you
have read, understood and agreed to be legally bound by these Terms and
Conditions and the documents referred therein. If you do not consent to
these Terms and Conditions, please do stop using our Site and/or our
Services.
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Agreement
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You hereby represent and warrant that:
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You have read and agree to these Terms and Conditions of Use and
our Privacy Policy;
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You will use and/or access our Site and Services only for lawful
purposes;
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No materials of any kind submitted through your account or
otherwise shared by you through our Site and Service will violate
or infringe upon the rights of any third party, including
copyright, trademark, privacy, publicity or other personal or
proprietary rights; or contain libelous, defamatory or otherwise
unlawful material;
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All of the information provided by you to Hotelstrack (including
without limitation personal particulars and contact information)
is accurate and complete;
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You are a authorized representing your company and under your
jurisdiction to have the necessary legal capacity, right, power
and authority to agree to these Terms and Conditions of Use, and
you are either:
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accessing this Site, using the Services and contracting in
your own personal capacity;
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accessing this Site, using the Services and contracting on
behalf of a corporate entity;
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authorised to bind the entity (yourself or your corporate
entity) on whose behalf you are contracting and such entity
agrees to be bound by these Terms and Conditions of Use.
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Hotelstrack reserves the right to change, modify, suspend or
discontinue the whole or any portion of the Site or Services at any
time. HotelsTrack may also impose limits on certain features or
restrict your access to part(s) or the entire Site or Services without
notice or liability.
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We may from time to time vary or amend these Terms and Conditions of
Use by posting the amended Terms and Conditions of Use on this Site.
Any use of the Site or Services after the amendment of these Terms and
Conditions of Use will be deemed to be an acceptance of the amended
Terms and Conditions of Use by you. If you do not agree to the amended
Terms and Conditions of Use, you have the right to close your account
and/or cease using the Site and Services. Please check this page from
time to time as the changes, variations and corrections to the Terms
and Conditions of Use are binding on you.
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We may from time to time, without giving any reason or prior notice,
update, change, suspend, discontinue and/or terminate (including,
without limitation, any modification, deletion, replacement and
corrections) all content on our Site and/or Services, in whole or any
part, including but not limited to designs, text, graphics,
photographs, pictures, images, video, software, music, sound and other
files, credit ratings, rates, fees, quotes, historical data, charts,
statistics, articles, our contact information, any other information,
and their selection and arrangement (the "Site Content"). While we
will endeavor to keep the rates and fees posted on our Site current,
the rates and fees posted on our Site may not immediately reflect such
changes.
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We have the right to disable your account, any user identification
code or password, whether chosen by you or allocated by us, at any
time, should you fail to comply with any of the provisions of these
Terms and Conditions of Use.
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Intellectual Property Rights
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All intellectual property, including but not limited to copyrights,
patents, trademarks, and registered designs and other proprietary
rights in the Site, Services and Site Content shall vest in and remain
with Hotelstrack, our related companies, and/or any third party owner
of such rights.
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You are not permitted to use any materials without the prior consent
of Hotelstrack or such third party. Your access to and/or use of the
Site, Site Content and Services should not be construed as granting,
by implication or otherwise, any license or right to use any materials
or contents appearing on the Site without the prior written consent of
Hotelstrack or the relevant third parties.
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Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site, view, copy, distribute or
otherwise use the Site Content if:
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such use is solely for personal, non-commercial, and informational
purposes only. If you wish to make any use of content on our Site
other than that set out above, please contact us. Hotelstrack
reserves the right to withdraw any such permission given to you at
any time without any explanation or notice; and
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all copies that you make of the Content will bear the relevant
copyright, trademark or other proprietary notice located on our
Website.
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If you use Hotelstrack contents or materials in breach of these Terms
and Conditions of Use, your right to use our Site, the Site Content
and Services will cease immediately and you must, at our discretion,
return or destroy any copies of the materials you have made.
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Termination
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You agree that we may, at any time in our sole and absolute
discretion, with or without notice, suspend, terminate or disable your
access to, or use of, our Site and Services (or any portion, aspect or
feature of the Service or the Site) or terminate your account without
any reason.
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If we believe that you have violated or acted inconsistently with
these Terms and Conditions of Use, we may take such action as we deem
appropriate, including but not limited to, immediate, temporary or
permanent withdrawal of your right to use our site, further legal
action against you or disclosure of such information to law
enforcement authorities as we reasonably deem necessary.
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Data Use and Privacy
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Please do not submit any Personal Data or data without first reading
our Privacy Policy which explains our data use and privacy practices
in detail.
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Disclaimers
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WE OBTAIN OUR CONTENT FROM A WIDE RANGE OF SOURCES AND IT INCLUDES
FACTS, VIEWS AND INFORMATION LIKELY TO BE OF INTEREST TO YOU.
HOTELSTRACK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OF THE SITE, SITE CONTENT AND/OR THE SERVICES IN TERMS OF THEIR
ACCURACY, CORRECTNESS, COMPLETENESS, TIMELINESS, RELIABILITY,
PERFORMANCE, FITNESS FOR ANY PARTICULAR PURPOSE OR OTHERWISE.
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OUR SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS ONLY, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, HOTELSTRACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY
QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLIANCE
WITH DESCRIPTION OR THE WARRANTY OF NON-INFRINGEMENT.
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HOTELSTRACK SHALL NOT BE RESPONSIBLE FOR ANY THIRD PARTY SITES
ACCESSED THROUGH THE SITE OR SERVICES OR FOR ANY THIRD PARTY CONTENT
POSTED ON THE SITE OR SERVICE, INCLUDING WITHOUT LIMITATION THE
CONTENT, ACCURACY, OFFENSIVENESS, OPINIONS, RELIABILITY OR POLICIES OF
OR CONTAINED IN THE THIRD PARTY SITES OR THE THIRD PARTY CONTENT, THE
CONSEQUENCES OF ACCESSING ANY THIRD PARTY SITES OR THIRD PARTY CONTENT
OR FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED ON
THE THIRD PARTY SITES OR THIRD PARTY CONTENT.
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Limitation of Liability
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TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES,
REPRESENTATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SITE, SITE
CONTENT, SERVICES, THIRD PARTY CONTENT AND THIRD PARTY SITES, WHETHER
EXPRESS OR IMPLIED.
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IN ADDITION AND WITHOUT PREJUDICE TO ANY RIGHT OR REMEDY THAT
HOTELSTRACK MAY HAVE AT LAW, HOTELSTRACK SHALL NOT, TO THE FULL EXTENT
PERMITTED BY LAW, BE LIABLE WHATSOEVER TO ANY USER ACCESSING OUR SITE,
SITE CONTENT, SERVICES, THIRD PARTY CONTENT AND/OR THIRD PARTY SITES
IN RESPECT OF ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES, COSTS,
CHARGES AND/OR EXPENSES INCLUDING LOSS OF PROFITS, OPPORTUNITIES,
REVENUE, USE, OR DATA OF WHATSOEVER NATURE OR HOWEVER ARISING,
INCLUDING BUT NOT LIMITED TO LOSS ALLEGED TO BE ARISING FROM BREACH OF
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY DUTY OR OTHERWISE)
("LOSS"), EVEN IF FORSEEABLE OR IF HOTELSTRACK HAS BEEN ADVISED TO
SUCH POSSIBILITY OF SUCH LOSS.
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Indemnity
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You agree to indemnify and hold Hotelstrack harmless against all
claims, liabilities (including statutory liability and liability to
third parties), charges, expenses, penalties, costs (including without
limitation, legal costs on a full indemnity basis), damages, awards
and/or losses suffered or incurred by Hotelstrack, including profits
or opportunities (potential or actual) which may be deprived or lost,
due to or arising out of:
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your access of and/or use of our Site, Site Content, Service,
Third Party Content and Third Party Sites;
- your connection to the Site;
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your violation of any rights of another person or entity; or
- your breach of any statutory requirement, duty or law.
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Severability
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If any term or provision in these Terms and Conditions of Use shall in
whole or in part be held to any extent to be illegal or unenforceable
under any enactment or rule of law, that term or provision or part
shall to that extent be deemed not to form part of these Terms and
Conditions of Use and the enforceability of the remainder of these
Terms and Conditions of Use shall not be affected. The failure of
Hotelstrack to exercise or enforce any right or provision of these
Terms and Conditions of Use shall not constitute a waiver of such
right or provision in that or any other instance.
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Relationship of Parties
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Nothing in these Terms and Conditions of Use shall constitute or be
deemed to constitute an agency, partnership or joint venture between
Hotelstrack and you and neither party shall have any authority to bind
the other in any way.
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Entire Agreement
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This Terms constitutes the entire agreement among and between the
Parties with respect to the subject matter hereof, and shall replace
any negotiations and understandings, oral or written, heretofore made
between the Parties with respect to the subject matter hereof.
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Assignment
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Except as otherwise provided in this Terms and Conditions of Use, no
Party may assign, or grant any encumbrance over or deal in any with,
any of its rights under this Terms and Conditions of Use or any
document referred to in it.
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Third Party Rights
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Except as provided for expressly in these Terms and Conditions of Use
or any other agreements (including the Privacy Policy) between us and
you, a person or entity who is not a party to this Terms and
Conditions of Use has no right under the Contracts (Rights of Third
Parties) Act to enforce any term of, or enjoy any benefit under, this
Terms and Conditions of Use.
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Governing Law and Jurisdiction
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These Terms and Conditions of Use and all matters relating to your
access to, or use of, this Site and the Services are governed by and
construed in accordance with the laws of Singapore.
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Dispute Resolution
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Any dispute arising out of or in connection with these Terms and
Conditions of Use, including any question regarding its existence,
validity or termination, shall be referred to and finally resolved by
arbitration administered in Singapore International Arbitration who is
an institution that provides Alternative Dispute Resolution (ADR)
comprises of arbitration and mediation services for cross-border
disputes.
- The seat of the arbitration shall be Singapore.
- The Tribunal shall consist of [one/ three] arbitrators.
- The language of the arbitration shall be [English].