Kullanım Koşulları | Holicay

1. Definitions

Henceforth, Holicay Private Limited is referred to as “we” or “us”; the physical or legal person that is using any of the services that we provide is referred to as “you” or “user”; any third party that produce and/or perform the Services that we provide is referred to as “vendors”. All documents, digital or physical, that entitle you to one or more Services are referred to as “bookings”; the fulfillment of bookings, digital or physical, from us or a relevant vendor is referred to as “distribution”.

2. About these terms

These terms and conditions are valid as of 2020-09-25 and constitutes a legally binding agreement between you and us. When any of our services, including our websites and mobile applications are used or consumed by you, you agree to these terms in full. If you do not, then you may not use the service.

3. Our Services

We provide an online platform allowing users (travellers and planners) to create and buy Travel Plan (“Trips”). “Content” provided in such Trips in the form of pictures or text may be shared with other users when permitted by the creator. For more on Content, please check “Content”. Trips may comprise of Services listed on our platform by vendors and planners or through other third party. Trips and all components within it can be made purchasable based on prices stipulated by the vendors. When a Trip is purchased, it becomes a Booking.

4. Search engine

Based on your search input, we provide you with a clear overview of various travel options using different service providers. As we may rely on the information made available by third parties, booking platforms and information platforms, we cannot guarantee the accuracy or completeness of the results. You can proceed to compare the travel options by price and service offerings from other aggregators or tour package providers.

5. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Holicay Pte Ltd has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Holicay Pte Ltd. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

5.1. Objectionable Content

You are not allowed to post content that is offensive, insensitive, upsetting, intended to disgust, or to solicit a unwarranted negative response from any users to our site. Such examples include:

Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups, particularly if the content is likely to humiliate, intimidate, or harm a targeted individual or group. Realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence. Depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms or ammunition. Overtly sexual or pornographic material, defined by Webster’s Dictionary as “explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings.” Inflammatory religious commentary or inaccurate or misleading quotations of religious texts. Intentionally false and misleading information, including inaccurate place data or false content that resemble jokes. If you discover objectionable content, you may use the in-app reporting functionality or email at [email protected] to alert us to it. When such a report is made, a ticket is issued and our team will investigate the incident and take action if our assessment of the incident nature is as reported.

Holicay will promptly remove any such objectionable content and remove users involuntarily who post such content.

6. Links to/ from other websites

Our Service may contain links to third party web sites or services that are not owned or controlled by Holicay Pte Ltd.

Holicay Pte Ltd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT Holicay Pte Ltd SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

7. Accounts

For users:

• When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

• When you create an account with us, you guarantee that all information provided by your organization is accurate, complete and true at current times.

8. Bookings

When bookings are made you, as a Traveller / Planner, acknowledge and agree that we may provide your contact details to the Vendor who is providing the Service; and you, as a Vendor, acknowledge and agree that we may provide your contact details to the Traveller / Planner who has made the Booking, If you are a Vendor, you agree that we may, in accordance with the cancellation terms set out in our cancellation policies

a) permit a Traveller to cancel a booking.

b) refund to the Traveller that portion of the Booking Cost as specified in section 9 below.

9. Payments

When bookings are made you, as a Traveller / Planner, acknowledge and agree that we may provide your contact details to the Vendor who is providing the Service; and you, as a Vendor, acknowledge and agree that we may provide your contact details to the Traveller / Planner who has made the Booking, If you are a Vendor, you agree that we may, in accordance with the cancellation terms set out in our cancellation policies

a) permit a Traveller to cancel a booking.

b) refund to the Traveller that portion of the Booking Cost as specified in section 9 below.

10. Fraud policy

We reserve the right to unilaterally and without advance information, cancel your bookings in the event that we have strong reason to believe that the booking is fraudulent. Any and all frauds, successful or attempted, will be reported to the police and any and you will be charged all costs that the fraud incurs.

11.1. Cancellation by the user (Traveller)

If you cancel some or all of your Trip after your booking has been confirmed by the Local Travel Agent, cancellation fees will apply. If you cancel your Trip:

a) at any time after 48 hours from when the booking is made, we will retain the Non-refundable Costs if applicable and your Deposit. We will, however, convert your Deposit to a credit (CREDIT) that you can use towards another Booking; or

b) 60 days or less before your Booking is due to commence, we will retain the total Booking Cost.

If cancellation is made within 48 hours of the initial booking we will provide a full refund, other than where written agreement is reached to waive this right, e.g. due to the need to outlay non-refundable deposits to other parties to secure the trip. Also, If the Vendor goes out of business before the trip has commenced we will provide a full refund or provide a replacement trip of the same value.

11.2. Cancellation by Vendor

a) he Vendor may cancel your Booking at any time prior to the time it is due to commence. If the Vendor cancels your booking (other than as a result of Unpredictable Circumstances Beyond Control), you will receive a full refund. Note;

b) Where the Vendor has cancelled a Booking at any time prior to the time it is due to commence (other than as a result of Unpredictable Circumstances Beyond Control), the Vendor agrees to refund us any Non-refundable Costs we have paid to it in respect of that cancelled Booking within 2 Business Days of the cancellation of such Booking.

c) For the purposes of this clause, Unpredictable Circumstances Beyond Control means any fire, flood, earthquake or act of God and any other natural disaster, riot, act of terrorism, war, civil disorder, rebellion or revolution, strikes, lockouts and labour disputes, epidemics, quarantine restrictions, outbreak of disease or any travel restrictions or bans (including bans on non-essential travel) issued by the World Health Organisation or any governmental authority, or any other event beyond the reasonable control of the Vendor, but in each case only if and to the extent that the Vendor is without fault in causing the event.

12. Data protection

Our privacy policy outlines the way in which we handle your data when you use our service. By using our website and/or our mobile apps, you consent to the use of your information in accordance with our privacy policy.

13. Limitations

We make our website and its respective functions available to users; there is no entitlement to the provision of specific functions. We have the right to make changes to the content or functionality at any time (for example: through patches, updates or modifications). We do not guarantee the permanent availability of our website. More specifically, technical problems that are outside of our control may lead to downtime. Website maintenance may affect availability and will be carried out, when possible, with due care to prevent disruption. Proprietary rights and all other rights relating to this website belong to us.

14. Limitation of liabilities

Our liability and that of our employees, legal representatives, travel planners, service providers or agents shall be limited to willful intent and gross negligence. This limitation does not apply to injuries to life, limb or health, to breaches of warranty or to material breach of contract, i.e. obligations which are essential to the proper performance of the contract or fulfilment of the contract purpose, or on the observance of which the contractual partner may regularly rely.

In the case of breach of material contractual obligations through minor or simple negligence we are only liable for typical and foreseeable damages.

15. Statutory and required information

Our website uses cookies. Cookies are text files that are stored on your computer to enable us to deliver and improve the services on our website. Whenever you use one of our websites you consent to our use of cookies. If you do not consent to us storing cookies on your computer, you may disable cookies in your browser, but in that event, we can’t guarantee that we can provide all functionality in our online services.

The contractual relationship between us and the user will be governed by Singapore law, unless a different jurisdiction is applicable as per law. The exclusive place of jurisdiction is Singapore, provided the user is a merchant or a legal person under public law. We are headquartered in Singapore, Singapore. Singapore will also serve as the place of jurisdiction if the user has no general place of jurisdiction within Singapore. Any additional mandatory places of jurisdiction for users classified as consumers, at their respective home or place of residence remain unaffected.