We, WorldRoamer Pte. Ltd (UEN: 201726506C), a company incorporated in the Republic of Singapore (“we”, “us”, or “our”), provide an online platform, www.WorldRoamer.com (“Platform”) for Service Providers to publish information about and offer their Services, and for Users to discover, book and pay for such Services, to access travel guides and articles and to use the Trip Planner feature (“TP”). The Platform is comprised of the applicable software, website, database, server, and related materials managed by us and can include proprietary or third-party products.
accessing or using the Platform via desktop, laptop, mobile devices and / or any other device capable of connecting to the Internet or posting any content from on or through the Platform;
making a booking on the Platform for a Service; and/or
registering an account with the Platform;
you agree that you have accept and agree to be bound by these Terms, whether or not you have registered with the Platform. If you do not agree to these Terms, you must not access or use the Platform, make a booking nor register an account with the Platform.
If you accept or agree to these Terms on behalf of an individual, a company, or other legal entity, you represent that you have the authority to bind that company or other legal entity to these Terms, and in such event, “you” and “your” will refer and apply to that individual, company, or other legal entity.
We reserve the right to change the terms, conditions, and notices under which this Platform is offered, and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this Platform and its facilities.
Certain areas of the Platform (and your access to or use of certain aspects of the Services) may have different terms and conditions or may require you to agree with and accept additional terms and conditions. If there is a conflict between this Agreement and the terms and conditions for a specific area of the Platform, the terms and conditions of the specific area will take precedence with respect to your use of or access to that area of the Platform.
We only act as an intermediary between you and the Service Providers, and our services are limited to providing the Platform and acting as the payment collector (if you are making online payment through our payment platform). Our obligations and duties are strictly in accordance with the relevant contracts. We are not, and will not be deemed to be, in an employer- employee relationship, partnership or joint venture with any Service Provider.
By booking a Service with a Service Provider, you acknowledge that you are entering into a direct contractual relationship with the Service Provider. Save as provided for in this Agreement, the Service Providers are solely liable and responsible for providing Services that Members have booked through the Platform. We do not in any way (directly or indirectly, independently or in conjunction with any party) own, manage, operate or control the Services.
Where there is a dispute on the terms and conditions of the booking made before you and the Service Provider, you acknowledge that we are not a party to that agreement and that your sole grounds for recourse will be against the Service Provider. We disclaim all liability in this regard, to the fullest extent permitted by law.
Where you have made online payments for an Accommodation booking through our Platform, and there is a problem with your booking or a dispute between the Service Provider and you, we will only provide you a refund (a) in accordance with the terms and conditions of these Terms, (b) in accordance with the relevant cancellation or change policies as specified by the Service Provider, (c) in accordance with an agreement between the Service Provider and yourself (including but not limited to settlement agreements or mediation agreements), or (d) if the Service Provider and you have arbitrated your dispute and you provide us an arbitration judgment stipulating that you are entitled to a refund.
In accessing and using our Platform, you may not:
do so in any way that breaches any applicable local, national, or international law or regulation;
do so in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
knowingly transmit any data, send, or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
download (other than page caching) or modify this Platform, or any portion of it without our prior express written consent;
collect and use any product listings, descriptions, or prices;
make any derivative use of the Platform or its materials;
make any speculative, false, or fraudulent booking;
download or copy account information for the benefit of another merchant;
use data mining, robots, or similar data gathering and extraction tools;
use our trademarks or names in metatags and/or hidden text for purposes of gaining higher rankings from search engines, resulting in unfair competition;
link to any web page on this Platform;
frame, inline link or utilise other techniques to associate or juxtapose any of our trademarks, logos, or other material with advertisements and/or other information not originating from the Platform;
do anything else which could cause damage to the Platform, us and our employees, our reputation, or would otherwise have a negative impact on us; or
aid or abet any of the above.
To access certain features of the Platform (including the Trip Planner feature), you must register to create an account (“Account”) and become a Member. You may register directly via the Platform or by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook, Instagram, and any such sites that the Platform makes available).
If you choose to log in via an SNS account, you represent that you are entitled to disclose your SNS account login information to us and grant us access to your SNS account in ways that comply with the terms and conditions that govern our use of the applicable SNS account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any SNS accounts, you understand that we may access, make available, and store (if applicable) any Content that you have provided to and stored in your SNS account (“SNS Content”) so that it is available on and through the Platform via your Platform account and profile page. Unless otherwise specified in this Agreement and/or the Terms, all SNS Content, if any, will be User Content for all purposes of this Agreement and/or Terms.
If an SNS account or associated service becomes unavailable or our access to such SNS account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform. In such an event, you will be required to provide your email address and such other personal information as may be required by us on demand. If you do not comply with our requests for personal information, you may either close your account or you will be deemed to be in breach of this Agreement.
You may disable the connection between the Account and your SNS accounts at any time.
Your relationship with the third-party service providers associated with your SNS accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement. We are not responsible for any SNS Content.
In the event that you breach this Agreement and/or the Terms, we have the right to delete or remove you as a Member of this Platform, either temporarily or permanently. Removed users are prohibited to attempt using the Platform in any other name or through other users.
By registering as a member with our Platform, you will automatically become a member of our loyalty programme (if applicable).
As a member of our loyalty programme, you will from time to time gain access to the promotions, discounts, features, or other benefits offered by us and/or third party merchants / partners as made available on the Platform. For the avoidance of doubt, we reserve the right to change, remove or make unavailable part or whole promotions, discounts, features or other benefits from our loyalty programme.
We may offer Discount Codes from time to time through the Platform or to you directly if you have chosen to subscribe to our marketing communications.
Use of Discount Codes shall be subject to the following general restrictions:
Discount Codes can only be redeemed for pre-pay Reservations, for which full payment has been made online through our payment platform.
Only one Discount Code may be used per Reservation. If the Reservation is made for multiple Accommodations and/or Activities, the discount will only apply to the Accommodation or Activity of the lower value.
Each Discount Code cannot be combined with any other Discount Codes, features, promotions, deals, benefits or privileges. Unless otherwise expressly provided for, reservations made with Discount Codes will not be eligible for the award of any other WorldRoamer® benefits, bonuses or rewards.
Discount Codes can only be redeemed against the prices of the Accommodations and/or Activities before the application of any taxes, administrative fees or other charges.
Discount Codes cannot be exchanged for cash value or credit.
Once redeemed for a Reservation, a Discount Code cannot be re-used even if you cancel or change the Reservation.
Any refunds for Reservations made with Discount Codes shall be subject to the Terms and shall only apply to the amount paid after the application of the discount.
Discount codes shall not be transferred, sold, used for multiple bookings with the objective of re-selling such bookings, used by travel agencies, publicised on any third party platforms, or used for any other improper purpose. If we determine that Discount Codes have been used for an improper purpose, we may in our sole discretion cancel all Reservations made with the Discount Codes and/or blacklist you from using other Discount Codes without prior notice to you.
We may in our sole discretion offer replacement Discount Codes if you are unable to redeem Discount Codes due to a technical fault on the Platform (provided that your attempted redemption is in accordance with the Terms and the applicable specific restrictions).
Please refer to the communications made available with such Discount Codes for the specific restrictions, including but not limited to the participating Accommodations and Activities, minimum purchase, number of redemptions per Customer, redemption dates, and travel periods.
If there is a conflict between the general restrictions and the specific restrictions, the specific restrictions shall prevail.
We reserve all rights to discontinue any Discount Code offers and vary the general restrictions and/or specific restrictions at any time without prior notice to you.
The Platform may contain hyperlinks to or otherwise provide access to websites operated by parties other than ourselves, including without limitation, the websites operated by Service Providers (“Third Party Sites”). We do not control such Third Party Sites and are not responsible for how you deal or engage with them.
Our inclusion of hyperlinks to Third Party Sites is for your reference only and does not imply any endorsement of the Content on Third Party Sites. We make no representations and provide no warranties regarding the quality, reliability, timeliness, security or accuracy of the Content on Third Party Sites.
You will be able to filter through the search results to your preference, whether based on budget, facilities, number of stars, type of Accommodations/Services, etc. The search results are generated through an algorithm that considers availability, pricing, reviews, and consistency of review quality, description, management response, etc.
We continually optimise our service to provide the best experience to users. Accordingly, we may test different algorithms from time to time.
The Platform offers Members a feature that allows you to document your research on destinations and plan your itinerary called Trip Planner. TP allows you to input your travel destinations, drag-and-drop photos and links of interest from the internet or from the Platform, jot down ideas for your travel plans, create your trip itineraries and share them with your friends and families.
For the avoidance of doubt, any of your itineraries, plans or drafts created under the TP feature will constitute Content uploaded or created by you and shall be governed by Clause 21.
You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use, possess, distribute, or modify any of your Intellectual Property that may be contained in your TP.
When you are browsing our Platform, rates for the Services can be converted into different currencies for your convenience. However, currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. We do not warrant or guarantee such accuracy.
When paying for a Service, you may choose to pay in your home currency or the local currency of the Service Provider.
If you are paying in your home currency, the final amount payable shall be calculated at the currency exchange rate prevailing at a date solely determined by us. Rates may be rounded up or down to the nearest whole functional base unit in which a particular currency is denominated. You will be informed of the final amount payable in your home currency prior to payment. Regardless of the prices shown during browsing (regardless of currency), you agree that the payment amount as reflected at the booking confirmation page shall be final and conclusive (regardless of the currency).
If you are paying in the local currency of the Service Provider or in a currency that is different from your credit card, your bank may impose additional fees, over which we have no control over.
The payment method for each Service will be reflected on the listing page of the Service you are booking, your booking confirmation page prior to payment, and under your “Manage My Booking” tab.
For Activity bookings, you may be required to pay based on one of the following methods:
directly when you meet the Service Provider for the Activity;
to make an online payment to the Service Provider upon booking through their payment platform;
to make an online payment to the Service Provider upon booking through our payment platform.
If you are required to pay the Service Provider of the Activity as per Clause 13.2.2, you will be directed to a third-party website for payment (“Third-Party Payment Services”). You acknowledge that we are not liable or responsible for the availability or accuracy of such Third- Party Payment Services, or the content, products of services available from, or any additional processing fees charged by such Third-Party Payment Services. You may be subjected to, or required to accept the additional terms and conditions of such Third-Party Payment Services.
For Accommodation bookings, you may be required to pay based on one of the following methods:
Online payment through our payment platform in full upon booking;
Partial online payment through our payment platform upon booking and the remainder to be paid at the Accommodation; or
Full payment to be made with the Service Provider when you arrive at the Accommodation.
For certain Accommodation bookings, you may be provided an option to pay online through our payment platform at the time of booking or to pay later at the Accommodation. If you select to pay later, you must pay the Accommodation according to the currency required by the Service Provider (which may be the local currency) when you check-in / check-out for your stay. Tax rates and foreign exchange rates could change in the time between booking and stay. We disclaim any form of responsibility should payment disputes arise between you and the Service Provider at the time of payment.
For all online payments made through the payment platform for Accommodation bookings, your credit card will be billed by us for the amount stipulated in your booking. You will not be directed to a third party site for payment.
While we may hold the payment and will only pay the Service Provider when the Service has been completed, you acknowledge, warrant and agree that:
We do not hold the monies on trust (whether express or constructive) for you or the Service Provider;
We may only transfer the monies in accordance with these Terms and our terms with the Service Provider;
Save as provided for under these Terms, we will not be required to refund to you any monies or payments for any reason whatsoever.
Upon the completion of the Service, we will pay the Service Provider and all subsequent disputes and/or requests for refunds should be made directly with the Service Provider.
To make a reservation, you must use a credit or debit card that you own, issued in your name, and make sure that there are sufficient funds to cover the transaction costs. Any fees incurred by you for authorising a transaction that results in an over-drawing of your account are not our responsibility.
You shall ensure that the details you provide to us are completely accurate. We reserve the right to not accept certain credit cards. We can add or remove other payment methods at our sole discretion.
You acknowledge and agree that the relevant Service Providers are at all times responsible for the collection, withholding, remittance, and payment of the applicable taxes due on the total amount of the price or fee to the relevant tax authorities. We are not liable or responsible for the remittance, collection, withholding, or payment of the relevant taxes due on the price or fee to the relevant tax authorities.
Payment through the Platform will be made through an ultra-secure platform provided by our selected payment gateway provider. Sensitive information such as credit card details will be stored with our selected payment gateway provider. We do not store or own any copies of your credit card information.
In the case of credit card fraud or unauthorised use of your credit card by a third party, you must contact your bank or card issuer immediately after realising such unauthorised use. In such a case, we take no responsibility over any case of credit card fraud or unauthorised use of your credit card by a third party, regardless of whether such fraud or unauthorised use was carried out through our Platform. In the event of fraud or unauthorised use that is not a result of our default nor negligence, we are not obliged to make refunds or repayments to you.
You shall be eligible to request compensation only if such reservations have been made through our secure servers and the fraud or unauthorised use of your credit card is a result of our default or negligence and through no fault of your own while using the secure server. We accept no liability of the fraud or unauthorised use of your credit card if it was done through applications or servers other than our own or if it is as a result of a fault or negligence of your own.
If you suspect any unauthorised reservations or fraud committed on our Platform, you must contact our Customer Service team immediately at firstname.lastname@example.org.
By making a booking, order or reservation for Accommodations through the Platform, you accept and agree to the terms and conditions of applicable Service Providers, including policies regarding cancellation and/or absence (No Show), or your specific requests which may be given to the Service Providers. We are not responsible for any violation of these terms and conditions.
The general cancellation and no-show policies of each Service Provider are made available on their listing page for the Services offered, on the check-out page prior to making payment and under “Manage My Bookings”.
If Members wish to review, adjust, or cancel your reservation, please view your bookings under “Manage My Bookings”.
We have the right to not accept any user or booking or to cancel a booking if:
you have breached these Terms and/or any other relevant agreement with us or the Service Provider;
we are aware of or reasonably suspect any criminal activity;
you provided inaccurate, erroneous or misleading information;
you have displayed inappropriate behaviour, or threatened or insulted any persons on the Platform;
you have refused to provide information; or
you have been placed on any “black lists” or “watch lists” by governments or international organisations.
We also reserve the right to not accept any user or booking or to cancel a booking for any reason whatsoever, including but not limited to:
trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations;
suspicious ordering (for reasons that are not attributed to you);
fraud or theft (or indication or suspicion of fraud or theft);
services not being available or no longer being made available by the Service Provider;
problems with credit card electronic communications, information or transactions;
communication difficulties or breakdowns; or
a fault on the Platform (for example, in terms of price) which no reasonable person would consider appropriate or to make business sense.
If the booking is rejected or cancelled by us under Clause 16.1, you will not be entitled to any reimbursement or refund.
If the booking is rejected or cancelled by us under Clause 16.2, we will provide a refund of the amount charged (after deducting any fees, taxes or costs incurred by us and/or the Service Provider) within a commercially reasonable time. The refund shall be calculated at the currency exchange rate prevailing at a date solely determined by us.
A Material Issue may arise in the following circumstances:
the Service Provider’s representation of the Accommodation is materially inaccurate in respect of its size, nature, amenities, or condition; or
the Service Provider’s representation of the Activity is materially inaccurate in respect of its duration, nature, scope, or attention to the security/safety of a User;
except where such material inaccuracy arises because of extenuating circumstances outside of a Service Provider’s control, e.g. significant natural disasters or damage to public transport or telecommunication networks occurring around the time of your booking.
If you wish to claim a refund or reimbursement from us in respect of a Material Issue, you must comply with the following:
Be the party which booked the Accommodation;
Make the request prior to the Activity or Accommodation stay;
Notify us of the Material Issue in writing or by telephone with sufficient detail about the Material Issue within 3 days from the discovery of the Material Issue;
Not have intentionally or unintentionally caused the Material Issue, whether through action, omission or negligence; and
Have used reasonable efforts to remedy the Material issue with the Service Provider prior to making a claim.
If we are satisfied that you have complied with the above, we provide a refund of the amount charged (after deducting any fees, taxes or costs incurred by us and/or the Service Provider) within a commercially reasonable time. The refund shall be calculated at the currency exchange rate prevailing at a date solely determined by us.
If you discover the Material Issue after the Activity or Accommodation stay has occurred, all claims for refund or reimbursement must be made directly with the Service Provider. We will not be liable for any errors or discrepancies in the amount refunded by the Service Provider.
To duly complete and secure your Reservation, you need to use your correct email address. We are not responsible or liable for (and have no obligation to verify) any wrong or misspelled email address, or inaccurate or wrong (mobile) phone number or credit card number.
Shortly after your completion of a booking, we will send a confirmation email to your email address.
If you have subscribed to our marketing communications, we may send you emails that will provide you information on your destination and offers (including third party offers) relevant to your bookings, TP, and destination.
Upon the completion of the Service, we will send you an email inviting you to submit a review.
Travel to certain destinations may involve greater risk than others. We urge you to review travel prohibitions, warnings, announcements, and advisories issued by the national foreign office of your country.
By listing Services and Activities in various international destinations and by providing travel guides and recommendations on our Platform, we do not represent or warrant that travel to such destinations, recommendations nor the Services and Activities are without risk, and are not liable for damages or losses that may result from travel to such destinations. You are personally and solely responsible for your travel plans and itinerary (including but not limited to the mode of transport, the travel route, and destination) and assume all risks.
You shall be solely responsible to obtain, maintain and have available for presentation, the proper and valid travel permits or foreign entry requirements (including, but not limited to, visas or other travel permits and documents, whether for transit or otherwise) applicable to you prior to finalising your travel arrangements in accordance with the prevailing laws of the country you are traveling from, into, over, or transiting in. We have no obligation and shall not be responsible for notifying you of the travel arrangements and permits necessary for you to be able to carry out your travel plans. We reserve our right to limit our liability in the case of any losses or damages arising out of or in relation to your travel permits.
To assist you in your decision making, each Accommodation and Activity will have a rating depicted on our Platform. These ratings are based on information provided by Customers who have completed their stay at the Accommodation or completed the Activity and on information provided by third parties such as suppliers or other review websites. We do not verify the ratings given and are therefore not responsible for the accuracy of the ratings depicted. We hereby disclaim any liability with respect to the ratings shown on the Platform.
When you have completed a Service, you will be invited to post a comment on or review of the Services (“Review”) with the relevant Service Provider.
For the purpose of maintaining relevance and accuracy, Reviews can only be submitted within a limited period of time (28 days) after a staying at an Accommodation/completing an Activity and each Review will only be available for public viewing for a limited period of time (up to a maximum of 24 months) after posting.
Your Reviews must not contain personal data or sensitive information (such as emails, addresses, phone numbers, credit card details) that belongs to you or to any other persons (including Service Providers).
You irrevocably grant the users of the Platform the right to access your review(s) on the Platform.
Save unless otherwise expressed by us from time to time and at our sole discretion, we do not compensate or otherwise reward a Customer for completing a review.
You may also post Reviews, comments, posts, photographs or other content on our Platform (collectively known as “Content”), subject to the following:
You are responsible for your Content and assume all risks associated with your Content. You represent that you own, or have the necessary permission to use and authorise the use of your Content.
Between us and you, you own your Content, subject to Clause 21.7.4 below. However, we reserve the right to remove your Content at any time without notice to you, or to require you to edit your Content, if it violates this Agreement or the relevant policies (including review policies and/or TP policies).
Your Content must not (i) contain profanity, sexually explicit material, hate speech, discriminatory material, threats, violence, personal information of our staff, (ii) carry out personal attacks against staff, (iii) promote illegal activities, or (iv) contain politically sensitive comments.
You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable license rights to any Intellectual Property Rights in your Content for any purpose at our sole discretion. You waive any claims and assertions of moral rights or attributions in respect of your Content. Accordingly, we may use your Content in a variety of ways (including but not limited to uploading your review(s) onto the relevant Service Provider’s information page on our Platform for the sole purpose of informing (future) customers of your opinion of the Services and Activities and quality of the Service Provider, using your Content for marketing and promotion purposes on our Platform or such social media platforms, newsletters, special promotions, apps, or other channels owned, hosted, used, or controlled by us and our business partners).
If your Content contains personal data or sensitive information, we will anonymise your Content and remove such information prior to our use of your Content pursuant to Clause 20.7.2.
You may be liable if your Content contains material that is false, intentionally misleading, defamatory, violates any third-party rights (including copyright, privacy right, or any other intellectual property rights), contains unlawful material (including illegal hate speech or pornography) or violates any laws or regulations. In such an event, we reserve the right to remove your Content and to terminate your Membership.
Save for Content, all Intellectual Property rights on the Platform are owned by us or have been licensed to us by the rightful Intellectual Property right owner.
All information and materials, including but not limited to: software, text, date, graphics, images, sounds, videos, trade marks, logos, icons, our compilation of User Content and other collective content, aggregate user review ratings, html codes and other codes on the Platform are prohibited to be published, modified, copied, reproduced, duplicated, or altered in any way outside the area of the Platform without our express written permission. If you violate these rights, we reserve the right to bring a legal claim for the full amount of damages or losses suffered. These violations may also constitute criminal offences.
Nothing in this Agreement shall be construed as granting you a licence or any rights, implied or otherwise, to use, possess, distribute, or modify any of our Intellectual Property.
Other product and company names contained on the Platform, including names, trade marks, marks, service marks, logos, symbols, or other designs may be owned or licensed for our use by third parties. Use of third party intellectual property rights on the Platform is not considered a recommendation or sponsorship for the Platform by third parties.
You can use the information on the Platform only for personal, non-commercial use. Unless specified otherwise, and expressly permitted by the copyright laws, you may not copy, reproduce, redistribute, retransmit, publish, or otherwise commercially exploit any information from the Platform without the permission of the owner of the intellectual property rights. Even if you obtain the necessary permission, you are forbidden to make changes or deletions.
If you have complaints about our service, you can contact our Customer Service team at email@example.com.
You understand and agree that we are not a party to any agreements entered into between the Service Provider and Customers. Accordingly, we have no control over the conduct of the Service Providers and other Users, and disclaim all liability in this regard, to the fullest extent permitted by the law. Accordingly, any complaints about the Services (policies, standards, service, facilities, decoration, food, etc.) should be dealt with the Service Provider directly or addressed to us in accordance with Clause 18 above.
If you believe in good faith that Content hosted by us infringe your Intellectual Property Rights, you (or your agent) may send us a written notice that includes the following information:
a clear identification of the work you claim was infringed;
a clear identification of the material you claim is infringing on the Website, such as a link to the infringing material; and
your email address, and telephone number, and if you are acting on behalf of a copyright owner or exclusive licensee, the name and address of the claimant.
To the fullest extent permitted by law in each applicable jurisdiction, we disclaim all warranties, express or implied, in connection with the Platform and your use of it. We make no warranty or representation about the accuracy or completeness of the Platform’s content or the content of any sites linked to it, and assume no liability or responsibility for:
Errors, mistakes, or inaccuracies in Content, whether on the Platform or on Third Party Sites;
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the listed Services;
Any unauthorised access to or use of our secure servers and/or any personal information and/or financial information stored on the Platform;
Any interruption or cessation of transmission to or from the Platform;
Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Platform by any third party;
Any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Platform;
User submissions or the defamatory, offensive, or illegal conduct of any third party or Members; or
Loss or damage of any kind arising from your engagement with Third Party Sites, including but not limited to any acts, errors, negligence, or omissions of any operators of Third Party Sites, and/or faults or failures of Third Party Sites.
Under no circumstances (including but not limited to any acts or omissions on our part) will we be liable for any indirect, incidental, special and/or consequential damages which result from your use of the Platform or your dealings with the Service Provider(s).
Subject to the limitations set out in these Terms and to the extent permitted by law, if we are liable whether in contract, tort, under any warranty, in negligence or otherwise, you agree that our total aggregate liabilities to you shall not exceed the total amount of monies paid for Services booked through the Platform in the last 12 months.
You agree to defend, indemnify and hold harmless us and our related corporations, officers, directors, employees and agents from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal and accounting fees) arising from:
Your use and access to the Platform;
Your violation of this Agreement and/or the Term;
Your violation of any agreements with a Service Provider;
Your violation of any third party rights (including without limitation any intellectual property, property or privacy right);
Any claim that your Content and/or review caused damage to a third party; or
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform and/or the Services.
We reserve the right, in our sole discretion, to the extent permissible under relevant law to temporarily or permanently modify, suspend, or terminate the Platform and/or any portion thereof, including any service or product available through the Platform, and/or your use of the Platform, or any portion thereof. In the event of termination of the Platform, we will make reasonable efforts to honour the reservations made through us unless you receive a notification otherwise. If the reservation cannot be honoured, you will be refunded the amount paid (less an administrative fee) which will be full and final settlement of our liabilities and obligations towards you. You will still be bound by your obligations under this Agreement and the Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we shall not be liable to you or any third-party for any termination of your access to the Platform. We reserve the right to amend or repeal this Agreement (or parts thereof) as we deem appropriate.
We may, without restriction, assign, transfer, or sell the Platform any time at our sole discretion. If the ownership or control of all or part of the Platform, we may transfer your information to the new owner.
You are at all times bound by the applicable local laws and regulations. Acts which are legal in certain countries may be illegal in others. We cannot be held liable in case a Service Provider refuses the provision of their Services or asks you to leave for legal or regulatory reasons.
You agree that no joint venture, partnership, or employment relationship exists between you and us as a result of this Agreement or use of the Platform.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Platform or information provided to or gathered by us with respect to such use.
No term of this Agreement may be waived, modified or amended without a written agreement executed by both parties. The failure of either party to enforce or exercise at any time or for any period of time any term of or any right pursuant to this Agreement does not constitute, and shall be construed as, a waiver of such term or right and in no way affect that party’s right later to enforce or to exercise it.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
This Agreement is governed by the law of Singapore.
Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
The Contracts (Rights of Third Parties) Act 2001 (Cap. 53B) is expressly excluded and shall not apply to this Agreement.
This Agreement may be translated into other languages to improve user-friendliness. In the event of inconsistency or if any dispute as to the interpretation of this Agreement arises, the English version prevails and shall be binding and conclusive.
This Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and WorldRoamer® with respect to the Platform, our services, and your dealings and relationships with us. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
The following definitions apply throughout this Agreement, unless the contrary intention appears:
“Accommodations” includes, but is not necessarily limited to, hotels, hostels, serviced apartments, B&Bs, rooms for rent, cottages, villas, ryokans, etc.
“Activities” includes, but is not necessarily limited to, packages, tours, experiences, tickets, passes, events, or classes.
“Content” means text, graphics, images, video, logos, icons, location data, software, and other information.
“Customer” refers to any users of the Platform (including but not limited to Members) who have booked a Service / Services using the Platform.
“Discount Codes” includes but is not necessarily limited to any discount codes, voucher codes, promotional codes, savings codes, coupons, and other offers which we may make available from time to time.
“Intellectual Property” refers to patents, rights to inventions, copyright and related rights, rights in software, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, Confidential Information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered which subsist or will subsist now or in the future in any part of the world.
“Member” means a person who completes our account registration process, including but not limited to Customers.
“TP” means the Trip Planner feature on the Platform, as further described in Clause 10.
“Personal Data” means any information relating to an identified or identifiable natural person, directly or indirectly (such as name, address, phone number, payment details, billing address and/or shipping address).
“Reservation” means the order, purchase, payment, booking, or reservation made through our Platform.
“Service” means the provision of Accommodations, Activities, or any other business the Service Provider is in the business of providing or supplying to its customers.
“Service Provider” means an individual, company, merchant, organisation, or a partner who lists a Service on the Platform.
“User” means any person who uses or accesses this Platform.
“User Content” means all and any Content that users post, upload, publish, submit, or transmit to be made available on the Platform.