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
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.
You hereby represent and warrant that:
- You will use and/or access our Site and Services only for lawful purposes;
- 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;
- All of the information provided by you to Hotelstrack (including without limitation personal particulars and contact information) is accurate and complete;
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:
- accessing this Site, using the Services and contracting in your own personal capacity;
- accessing this Site, using the Services and contracting on behalf of a corporate entity;
- 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.
- 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.
- 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.
- 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.
- 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.
Intellectual Property Rights
- 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.
- 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.
- 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:
- 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
- all copies that you make of the Content will bear the relevant copyright, trademark or other proprietary notice located on our Website.
- 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.
- 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.
- 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.
Data Use and Privacy
- 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.
- 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.
- 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.
Limitation of Liability
- 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.
- 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.
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:
- your access of and/or use of our Site, Site Content, Service, Third Party Content and Third Party Sites;
- your connection to the Site;
- your violation of any rights of another person or entity; or
- your breach of any statutory requirement, duty or law.
- 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.
Relationship of Parties
- 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.
- 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.
- 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.
Third Party Rights
Governing Law and Jurisdiction
- 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.
- 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].