1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Pally Asia. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Pally Asia may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Pally Asia may amend the Terms related to the Services from time to time. Amendments will be effective upon Pally Asia’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
You agree that it shall be your responsibility to review these Terms regularly and any Terms applicable where you use the Services which may differ from the country where you registered for the Application, whereupon any continued use of the Service shall constitute your consent and acceptance to such changes.
Pally Asia may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, and such information or data is necessary to resolve the complaint, dispute or conflict.
2. The Services
The Services constitute a technology platform that enables users of Pally Asia’s mobile applications or websites provided as part of the Services (each, an “Application”) to arrange and schedule social experiences with independent third party providers of such services (“Pally” or “Pallies”) for your personal use only.
YOU ACKNOWLEDGE THAT ALL SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY PALLY ASIA OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Pally Asia grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Pally Asia and Pally Asia’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Pally Asia; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made available under Pally Asia’s various brands, and/or provided by subsidiaries of Pally Asia.
Third Party Services and Content.
The Services and all rights therein are and shall remain Pally Asia’s property or the property of Pally Asia’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Pally Asia’s company names, logos, product and service names, trademarks or services marks or those of Pally Asia’s licensors.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Pally Asia certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Pally Asia’s termination of these Terms with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times, and Pally Asia shall not be responsible for any unauthorised use of your Account. Unless otherwise permitted by Pally Asia in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to access the Services.
You shall not use the Application or the Services for any purposes other than obtaining the Services.
You may not assign or otherwise transfer your Account to any other person or entity. You may not allow any other person to access the Services through your Account.
You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.
You shall not contact the Pally for any purposes other than the Services.
You will not, in your use of the Services, intentionally or unintentionally, cause nuisance, annoyance, inconvenience, or property damage, whether to the Pally or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services. You may opt-out of receiving text (SMS) messages from Pally Asia at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services.
Pally Asia may, in Pally Asia’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services, subject to any additional terms that Pally Asia establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Pally Asia; (iii) may be disabled by Pally Asia at any time for any reason without liability to Pally Asia; (iv) may only be used pursuant to the specific terms that Pally Asia establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Pally Asia reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Pally Asia determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Pally Asia may, in Pally Asia’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Pally Asia through the Services, textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Pally Asia, you grant Pally Asia a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Pally Asia’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Pally Asia the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Pally Asia’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Pally Asia in its sole discretion, whether or not such material may be protected by law. Pally Asia may, but shall not be obligated to, review, monitor, or remove User Content, at Pally Asia’s sole discretion and at any time and for any reason, without notice to you.
You agree to indemnify Pally Asia, its directors, employees, and affiliates, against any losses suffered resulting from any User Content submitted through the Services.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Pally Asia does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services you receive from a Pally (“Charges ”). Charges will be inclusive of (i) applicable taxes where required by law; (ii) any processing fees applicable; and (iii) additional charges for overseas processing. Charges paid by you are final and non-refundable, unless otherwise determined by Pally Asia. You shall not request any revision to the Charges from the Pally and shall submit all such requests to Pally Asia, who shall consider and respond to such request at Pally Asia’s sole discretion.
All Charges are due immediately and payment will be facilitated by Pally Asia using the preferred payment method designated in your Account, after which Pally Asia will send you a receipt by email . If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Pally Asia may use a secondary payment method in your Account, if available.
As between you and Pally Asia, Pally Asia reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in Pally Asia ’s sole discretion. Further, you acknowledge and agree that Charges may increase substantially during times of high demand. Pally Asia will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Pally Asia may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services from Pally at any time prior to the Pally’s arrival, in which case you may be charged a cancellation fee based on Pally Asia’s existing cancellation policy at the relevant time.
You understand and agree that, while you are free to provide additional payment as a gratuity to any Pally who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Pally.
You shall be responsible for resolving any dispute with your credit card company or other payment processing service on your own.
Repair or Cleaning Fees.
You shall be responsible for the cost of any personal injury or property damage suffered by the Pally resulting from your use of the Services under your Account, unless caused by the Pally’s own fault or negligence.
Pally Asia reserves the right to facilitate compensation payment on behalf of the Pally using your payment method designated in your Account. Such amounts will be transferred by Pally Asia to the Pally and are non-refundable.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PALLY ASIA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PALLY ASIA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PALLY ASIA DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PALLIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
ANY CLAIMS AGAINST PALLY ASIA SHALL IN ANY EVENT BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND RECEIED FROM YOU IN UTILISING THE SERVICES DURING THE EVENT GIVING RISE TO SUCH CLAIMS.
PALLY ASIA SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR CRIMINAL PENALTIES RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF PALLY ASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PALLY ASIA SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY PALLY, EVEN IF PALLY ASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PALLY ASIA SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND PALLY ASIA’S REASONABLE CONTROL.
FOR THE AVOIDANCE OF DOUBT, PALLY ASIA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSSES WHICH RESULT FROM ACTIVITIES WITH THE PALLY WHICH ARE BEYOND THE SCOPE OF THE SERVICES.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Pally Asia and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your activities with the Pally which are beyond the scope of the services; (iii) your breach or violation of any of these Terms; (iv) Pally Asia’s use of your User Content; or (v) your violation of the rights of any third party, including Pallies.
6. Governing Law
These Terms shall be governed by the laws of Singapore. In the event of any dispute in relation to these Terms or the Services, the Parties agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
7. Other Provisions
Pally Asia may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Pally by written communication to Pally's address at 22 Sin Ming Lane, #06-76, Midview City, Singapore 573969.
You may not assign or transfer these Terms in whole or in part without Pally Asias prior written approval. You give your approval to Pally Asia for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Pally Asia’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Pally Asia or any Pally as a result of the contract between you and Pally Asia or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. ‘
These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter.
No failure on the part of Pally Asia to exercise, and no delay on its part in exercising, any right or remedy under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).
No joint venture, partnership, employment or agency exists between you, Pally Asia, or any Pally as a result of these Terms or use of the Services.
In these Terms, the words “including” and “include” mean “including, but not limited to.”
Capitalised words or expressions not defined herein shall bear the meanings ascribed in the Terms above.
USER PRIVACY STATEMENT
Pally Asia collects information about you when you use our Applications or Services and through other interactions and communications you have with us. This Privacy Statement applies to information collected and used by any subsidiaries of Pally Asia.
Scope and Application
This Privacy Statement (“Statement") applies to persons anywhere in the world who use our apps or Services. This Statement does not apply to the Pallies. If you interact with the Services as both a User and a Pally, the respective privacy statements apply to your different interactions.
Collection of Information
Information You Provide to Us
We collect information you provide directly or indirectly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us, through our Application or otherwise. This information may include: name, email, phone number, postal address, profile picture, payment method, location information, names and contact information from your address book, transaction details in relation to the services, usage and preference information (including cookies and other unique identifiers), device information, call and sms data, log information, and other information you choose to provide.
Important Information About Platform Permissions
Most mobile platforms (iOS, Android, etc.) have defined certain types of device data that apps cannot access without your consent. And these platforms have different permission systems for obtaining your consent. To learn about the platform-level permissions that the app seeks, please visit our new iOS Permissions page and Android Permissions page. Sometimes these permissions require more explanation than the platforms themselves provide, and the permissions we request will change over time, so we’ve created these pages to serve as authoritative and up-to-date resources for our users.
Information We Collect From Other Sources
We may also receive information from other sources and combine that with information we collect through our Services. For example:
- If you choose to link, create, or log in to your Pally Asia account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate app or website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app.
- When you request on demand services, our Pallies may provide us with a User rating after providing services to you.
- If you also interact with our Services in another capacity, for instance as a Pally or user of other apps we provide, we may combine or associate that information with information we have collected from you in your capacity as a User.
Use of Information
We may use the information we collect about you to:
- Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), communicate with you, process participation in (i) promotion events; (ii) polls; and (iii) surveys, develop new features, provide customer support to Users and Pallies, develop safety features, authenticate users, and send product updates and administrative messages;
- Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
- Send or facilitate communications between you and a Pally;
- Send you communications we think will be of interest to you, including information about products, services, promotions, news, and events of Pally Asia and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
- Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements;
- Comply with any obligations under law.
If you do not consent to the use of your personal data for any of the above purposes, please notify Pally Asia immediately.
We may transfer the information described in this Statement to, and process and store it in countries which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take reasonable measures to protect your personal information in accordance with this Statement.
Sharing of Information
We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:
Through Our Services
We may share your information:
- With Pallies to enable them to provide the Services you request. For example, we share your name, photo (if you provide one), and average User rating given by Pallies;
- With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
- With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
- With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate; and
Other Important Sharing
We may share your information:
- With Pally Asia subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
- With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
- In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
- With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of Pally Asia or others;
- In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
- If we otherwise notify you and you consent to the sharing; and
- In an aggregated and/or anonymized form which cannot reasonably be used to identify you.
Social Sharing Features
The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.
Analytics and Advertising Services Provided by Others
You may correct your account information at any time by logging into your online or in-app account. If you wish to cancel your account, please email us at email@example.com. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.
Pally Asia will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.
We request permission for our app’s collection of precise location from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your mobile device. However, this will limit your ability to use certain features of our Services.
We may also seek permission for our app’s collection and syncing of contact information from your device per the permission system used by your mobile operating system. If you initially permit the collection of this information, iOS users can later disable it by changing the contacts settings on your mobile device. The Android platform does not provide such a setting.
You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.
Changes to the Statement
We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.
If you have any questions about this Privacy Statement, please contact us at firstname.lastname@example.org.