Terms of Service


PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE PALLY.ASIA WEBSITE CAREFULLY AS THEY GOVERN YOUR USE OF THE SITE AND ALL SERVICES OFFERED THROUGH THE SITE.

1.     ACCEPTANCE OF TERMS

Thank you for using pally.asia (‘Site’). All references to Pally Asia Pte. Ltd. include pally.asia, its entities, affiliates, websites and subsidiaries. pally.asia provides the Services offered on the Site subject to these Terms of Service (‘TOS’), which may be updated from time to time without notice to you. You can review the most up-to-date version of the Site’s TOS by visiting pally.asia.

By using the Site, you agree and consent to be bound by these TOS and all disclaimers, rules and terms and conditions that appear elsewhere on or in connection with the Site. If you do not agree to these TOS, you should immediately leave this site and not access or use the Site or any other Services.

2.     SERVICES OFFERED BY PALLY.ASIA

Pally Asia Pte. Ltd. and pally.asia provides a platform for Customers to book and pay for curated experiences (‘Services’) which are provided by our Pally Members (‘Pallies’).

All payment made by Customers to Pally Asia Pte. Ltd. are only for the Services and duration of time specified. Any other service that both parties decides to engage in is strictly between the Customer and the Pallies.

Pally Asia Pte. Ltd. does not endorse any form of sexual favors rendered by our Pallies as part of the Services provided and will exercise reasonable endeavors to prevent such activities from being carried out.

You further understand and acknowledge that in providing the Services, pally.asia may, with your consent, communicate with you via email, newsletters, service announcements, administrative messages and other modes of communication. When added, all new Services shall be subject to this TOS.

All Services are provided to you on an “as-is” basis and Pally Asia Pte. Ltd. assumes no responsibility for your use of the Services and Content.

3.     PRIVACY POLICY

User Information, including the information provided when you use the Site and Services is subject to our Privacy Policy.

You understand that through your use of the Site and Services you consent to the collection and use (as set forth in the Privacy Policy) of this personal information by pally.asia and its affiliates.

4.     PERSONAL INFORMATION

If you create a User Account and become a registered user of the Site and Services, you may provide certain Content (as defined below) and other information to be posted within social networking, media gallery and forum areas of the Site (collectively “User Information”).

You should assume your User Information is public, and portions might be visible by anyone who visits the Site, as well as search engines. As such, even if such User Information is later removed from the Site, it may be stored on computers of people who visited the Site. When you remove such User Information is removed from the Site, it still may be available on the computers of third parties.

BECAUSE OF THIS, UNDER NO CIRCUMSTANCES SHOULD ANY USER EVER POST ANY PERSONALLY IDENTIFYING INFORMATION SUCH AS THEIR ACCOUNT PASSWORD, FULL NAME, HOME ADDRESS, PHONE NUMBER OR E-MAIL ADDRESS IN ANY PUBLIC AREA OF THE SITE. AUTHORIZED REPRESENTATIVES OF Pally.asia WILL NEVER ASK YOU FOR YOUR PASSWORD AND UNDER NO CIRCUMSTANCES SHOULD YOU DISCLOSE IT TO ANYONE, EVER.

pally.asia will make every effort to ensure that any User Information collected from you will be held in the strictest of confidence, will not be sold or disclosed to a third party without your prior authorization and will be held in accordance with the relevant privacy legislation.

In the event that User Information you provide is accidentally displayed in a manner that you did not authorize, you can notify us of the error by contacting us. You agree that in the event that pally.asia does make such an error, your sole remedy against us is to require us to change the privacy settings as originally intended.

5.     USE OF THE SITE AND SERVICES

The Site and Services are intended for your personal, non-commercial use in accordance with these TOS. By using the site, you agree that you will not copy, display or distribute any part of the Site, including Content provided by third parties, in any medium, without pally.asia’s prior written consent. You also agree that you will not use any automated devices such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content available on the Site or to exceed the access granted to you by pally.asia.

Customers are expected to pay on behalf of the Pallies for any activities during the course of the Services.

Illegal and/or unauthorized use of the Services is a violation of this Agreement.

Customers are expected to maintain confidentiality of the Pallies identity at all times during and upon completion of the Services.

Pally Asia Pte. Ltd. reserves the right to take legal action for any such violation to the full extent permitted by law.

6.     LINKS

Through the Site and Services, pally.asia may provide, or third parties may provide, links to other websites or resources. pally.asia has no control over such sites and resources

You acknowledge and agree that pally.asia is not responsible for the availability of such external websites or resources, does not endorse, does not warrant as to their accuracy or fit for purpose, and is accordingly not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.

In addition, you indemnify and hold harmless Pally Asia Pte. Ltd., its affiliates, directors, agents, employees, contractors and sub-contractors from all losses, expenses, damages and costs including all reasonable lawyers’ fees arising out or caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

You enter other websites at your own risk and are highly advised to review their terms of service, privacy policies and other use agreements.

7.     INDEMNIFICATION

You agree to defend, indemnify and hold harmless pally.asia, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyer’s fees) arising from: (a) your use of and access to the Services; (b) your violation of any of these TOS; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Services caused damage to a third party. This clause will survive these TOS and your use of the Services.

8.     TERMINATION

pally.asia reserves the right to terminate your access to and/or use of the Services at any time for any reason, including without limitation any failure to comply with any part of these TOS, at its sole discretion. Any decision to terminate your access is final.

pally.asia also reserves the right to discontinue providing all or part of the Services. You agree that any termination of your access to or use of the Service and any discontinuation by pally.asia in providing the Services may be effected without notice to you and that Pally Asia Pte. Ltd. shall be under no obligation to provide a refund for payment received. You agree that pally.asia shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Services.

During the course of Services provided, Customers' using offensive language or displaying offensive and inappropriate behavior towards Pallies would constitute a violation of the Agreement and the Pallies are not obligated to continue with the Services and have the right to terminate the Services immediately. Under such circumstances, Pally Asia Pte. Ltd. shall be under no obligation to provide a refund for payment received. Where necessary, local law enforcement will notified and a formal complaint lodged against the Customer.

Customers' are expected to maintain confidentiality of the Pallies identity at all times during and upon completion of the Services.

Pally Asia Pte. Ltd. reserves the right to take legal action for any such violation to the full extent permitted by law.

9.     DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PALLY.ASIA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULL EXTENT PERMISSIBLE UNDER THE LAW;

(b) PALLY.ASIA WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICES, HOWEVER, PALLY.ASIA IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE SERVICES.

PALLY.ASIA DOES NOT WARRANT THAT

(i) THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS,

(ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,

(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE AND SERVICES WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE SERVICES WILL BE CORRECTED;

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PALLY.ASIA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DAMAGE TO PROPERTY, PERSONAL INJURY, GOODWILL, USE, LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PALLY.ASIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE BASIS OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO

(i) THE USE OR THE INABILITY TO USE THE SERVICES;

(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;

(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR

(v) ANY OTHER MATTER RELATING TO THE SERVICES, TO THE EXTENT PERMITTED BY LAW.

11. NOTICE

pally.asia may, but is not obliged to, provide you with notices, including those regarding changes to this TOS by email, postal mail or postings on the Service. The TOS may be updated from time to time without notice to you and you are encouraged to review the TOS from time to time.

12. PROCEDURES FOR MAKING A CLAIM OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

pally.asia takes protecting copyright seriously. If you believe that Site Content is being displayed in violation of your copyrights, please immediately notify pally.asia by sending an email to hello@pally.asia.

13. PROCEDURES REGARDING UNAUTHORIZED USE OF PHOTOGRAPHS OF LIVING PEOPLE POSTED ON THE SITE

If a photograph, video or other representation of your likeness (or someone to whom you are a parent or legal guardian) is posted on the Site without your permission, please immediately notify pally.asia by sending an email to hello@pally.asia to report the unauthorized use of your image with the URL where the photo can be found.

14. VIOLATIONS OF TERMS OF SERVICE

Please report violations of this TOS by contacting us. Where a Service provides you with the ability to flag Content as inappropriate, you may notify us of violations of these TOS by utilizing such functionality.

15. MEMBER DISPUTES

If you have a dispute with one or more users of the Site and Services, you hereby release, defend and hold harmless pally.asia from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

16. MISCELLANEOUS

Force Majeure – pally.asia shall not be liable for delay, termination or diminution in the Site or Service if the same is caused by conditions beyond pally.asia’s reasonable control, including but not limited to, governmental action, terrorist act, riot, insurrection, fire, flood, accident, earthquake, electrical outage, telecommunications line failure, Internet outages, computer viruses, denial-of-service attacks, network failure, explosion, embargo, strike, labour or material shortage, transportation interruption, work slowdown or an act of God.

Entire Agreement / Amendments – This Agreement constitutes the entire understanding between the parties with respect to the subject of the Agreement. Notwithstanding the foregoing, these TOS may be modified from time to time by pally.asia without notice to you. You can review the most up-to-date version of the Site’s TOS by visiting this page.

Waiver and Severability – The failure of pally.asia to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Service or the TOS must be filed within one (1 year after such claim or cause of action arose or be forever barred against bringing such any claims.)

Governing Law – This Agreement shall be construed and interpreted under the substantive laws of Singapore, without regard to the choice of law provisions of any jurisdiction. This Agreement shall be enforced in the courts of Singapore.

Entire Agreement – This document contains the entire understanding and agreement between you and pally.asia with regard to your use of the Services. Notwithstanding the foregoing, you acknowledge that you may be subject to additional terms and conditions that may apply when you use or purchase other services from pally.asia and/or third parties.

 

Last updated Sunday, May 22, 2016

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