Holidaycube: Terms and Conditions
This website is owned by Holidaycube Pte Ltd. You should read through the Terms carefully; they constitute a legally binding agreement between yourself and Holidaycube (also referred to as "We", "Us", "the site" or "the Web Site"). By using this Web Site, you indicate your agreement to be bound by these Conditions of Use. If you do not agree to any part of these Conditions of Use, do not use this Web Site. These Terms and Conditions were produced and made public by Holidaycube on February 17th 2009. Holidaycube shall have the right at any time, and without advanced notice, to modify the terms and conditions set forth in the Terms and Conditions ("Terms") agreement or to impose new terms and conditions. We will prominently post any changes made to this policy whilst implementing the change. Such modifications or additions are effective immediately and any usage of this Site constitutes acceptance of these changes. We would recommend you print and keep a copy of these terms and conditions for your own reference.
RESTRICTIONS ON USE OF MATERIALS
1.1 You may not reproduce, republish, upload, post, transmit, or distribute in any way any material from this Web Site without the prior written permission of Holidaycube. Graphics and images on this Web Site are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their relevant owners. Unauthorized use of this Site's materials may violate trademark laws, copyright laws, the laws of publicity and privacy and communications regulations and statutes.
1.2 If you download any software from the Web Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Holidaycube. Holidaycube does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Holidaycube retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Software.
Property owners and/or property managers ("Advertisers" or "Members") who create Property Listings ("Listings") on this Site are solely responsible for the content published in their Listings. To list a property on the Site, you must either be the owner of the property or a qualified manager of the property as determined by the property owner. Advertisers agree not to post or transmit any material that violates these Terms, including copyright and decent materials conditions. Holidaycube reserves the right to immediately and without advanced notice terminate any property listing which violates these Terms. No refunds will be issued for services terminated by Holidaycube. Any information posted to this Site immediately becomes the property of Holidaycube and may be modified, edited or deleted at the sole discretion of Holidaycube.
By submitting a photograph either electronically through the Site or by mailing a paper photograph to our offices, the advertiser represents and warrants that (a) (i) it holds all intellectual property rights with respect to each submitted photograph, or (ii) it has secured from the copyright holder all rights necessary for the photograph to be used in an online advertisement, (b) that any people in the photograph have given permission for their likeness to be displayed in an online advertisement, (c) that the photograph accurately and fairly represents the subject of the photograph and has not been altered in any manner that would mislead a viewer of that photograph.
Advertisers agree not to post any personally identifiable information including but not limited to phone numbers, physical addresses, email addresses, and Uniform Resource Locaters (URLs) in sections of this Site that are not specifically designed to collect this information. Advertisers agree to post only information (including graphics, text, descriptions) relevant to the property listed for rental on the Site.
HOLIDAYCUBE MANAGED CONTENT, LAYOUT AND COPY
3.1. We reserve the right to determine the design, layout and functionality of our Site.
3.2. We reserve the right to review and edit copy or amend the content, layouts or photographs supplied by any member. All content and copy edits submitted by members are subject to review and approval by us.
3.3. Notwithstanding our right to edit and amend the content, copy and photographs, we do not accept and we shall not have any liability for any loss or damage resulting from the design or positioning of the copy, properties, content and/or photographs or any change made to any content, photograph or copy submitted by any member or edited or amended by us
3.4 . We will use reasonable efforts to reproduce faithfully any photograph submitted, but we are not responsible for any loss or damage or harm otherwise resulting from any defect in this regard.
Holidaycube shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any content that is available via the Site. Without limiting the foregoing, Holidaycube shall have the right to remove any content that violates these Terms or is otherwise objectionable.
RELATED USER CONDUCT
You agree not to cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to Holidaycube or any of its advertisers or users of the Site by any means.
You agree to use the Site in a manner consistent with all applicable laws and regulations. Specifically, you will not use the Site to post, transmit, distribute, link to, or solicit content that:
- contains any advertising and promotional message unrelated to the advertisement opportunity outlined in Holidaycube;
- violates or infringes any laws, regulatory requirements or codes applicable in Singapore or elsewhere;
- infringes or violates any copyright, trademark or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;
- contains any obscene, offensive, defamatory or otherwise actionable material;
- undermines the security or integrity of the Site, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such equipment, systems or networks;
- contains any errors, whether technical or otherwise; or
- contains any material in any form that would otherwise render Holidaycube liable or expose Holidaycube to any proceedings whatsoever.
Holidaycube cannot distinguish the age of persons who access and use its websites. If a minor (according to applicable laws) has provided Holidaycube with Member Data without parental or guardian consent, the parent or guardian should contact Holidaycube to remove the relevant Member Data and unsubscribe them.
You may not use any robot, spider, or other automatic or manual device or process to monitor or copy our web pages or any portion of the content contained herein without Holidaycube’s express written permission.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or to impose an unreasonable or disproportionately large load on the servers serving the Site.
CHARGES AND FEES
Searching for properties on Holidaycube is free. Fees are charged for creating property listings as well as other property-specific features such as featured property and deals/last minute special advertisements. Fees are subject to change at our sole discretion and are effective immediately upon introduction for any purchase subsequent to the change. Unless otherwise stated, all fees associated with Holidaycube services are quoted in US dollars (TBC).
We may, at our sole discretion, change some or all of our services at any time.
2Checkout.com, Inc. is an authorised out-sourced vendor solution for HolidayCube Pte. Ltd.
All property listings on the Site are submitted by the advertiser and are the responsibility of the advertiser, and we specifically disclaim any and all liability arising from the alleged accuracy of the listings, property reviews, guest book entries, or any alleged breaches of contract on an advertiser’s part. Advertisers are solely responsible for keeping their property information up to date on the Site, including, but not limited to any and all representations about any property, its amenities, location, and its availability for a specific date or range of dates. We do not represent or warrant that any of the copy, content, property reviews, guest book entries, property location, suitability, pricing or availability information published on the Site is accurate or up-to-date even in the case where prospective renters have searched for specific special offers, dates, or types of properties. Advertisers are solely responsible for ensuring the accuracy of any property descriptions. However, we reserve the right at all times to disclose any information as permitted by prevailing law to satisfy any law, regulation or government request.
RELATIONSHIP BETWEEN ADVERTISER AND HOLIDAY-RENTER
The advertiser and Holidaycube are independent contractors, and no creation or intention of joint ventures, partnerships, agencies, employees or franchises are granted by these Terms. Holidaycube is not an agent for owners/managers of holiday rental properties or renters of holiday rental properties. Holidaycube is a portal and facilitates contact between owners/managers and renters of holiday rental properties and is not in any way involved in the actual transactions between owners/managers and renters, although Holidaycube may from time to time provide tools that enable a renter to enter into a transaction to rent a specific property directly from the owner/manager of that property .As a result, the quality, safety or legality of the properties advertised, the truth or accuracy of the listings (including the content thereof or any property or guest book review), the ability of advertisers to rent holiday property or the ability of renters to pay for holiday rental properties are solely the responsibility of the users.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
9.1 You assume total responsibility and risk for your use of the Site and the Internet. Holidaycube does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise, information or service provided through the Site or on the Internet generally, and Holidaycube shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. The Site and any software made available on the Site are provided on an "as is, as available" basis.
9.2 Holidaycube makes no warranty that (i) the Site will meet your requirements or will always be accessible, (ii) the Site will be uninterrupted, timely, secure, error-free or free from computer virus or other invasive or damaging code, (iii) the results that may be obtained from the use of the Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, and (v) any errors in the Site will be corrected.
9.3 You acknowledge that any transmission to and from this Site is not confidential and your communications may be read or intercepted by others.
10.1 You agree to indemnify, defend and hold harmless Holidaycube, its directors, officers, employees, suppliers, licensors, agents, and any third party content providers, from and against any losses, damages, claims, costs, expenses, demands, and actions, due to or arising out of your use of the Site, your access or connection to the Site, your violation of these Terms, or your violation of any rights of another. These obligations will survive any termination of your relationship with Holidaycube or your use of the Site. Holidaycube reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Holidaycube in asserting any available defenses.
10.2 Any content downloaded, uploaded or otherwise obtained through the use of the Site is done at your own discretion and risk. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
LIMITATION OF LIABILITY
Holidaycube does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the Site or other contents accessible from the Site. In no event shall Holidaycube be liable for any incidental, consequential, direct, indirect or any losses or damages whatsoever (including, but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings, or business interruption, or any other loss, whether in an action of contract, negligence or other action), arising out of or in connection with the use of or inability to use the Site, delays, inaccuracies or errors in the information or in the transmission of the Site, or any information or transactions provided on or over the Site or downloaded or hyperlinked from the Site, or performance of the contents on this Site, even if Holidaycube has been advised of the possibility of such damages.
If you are dissatisfied with any portion of the Site, or with any of the Terms, your sole and exclusive remedy is to discontinue using the Site.
SUGGESTIONS, COMMENTS AND FEEDBACK
12.1 If you respond to a Holidaycube published document with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such Holidaycube document, such information will be deemed to be non-confidential and Holidaycube will have no obligation whatsoever with respect to such information and may reproduce, use, disclose and distribute the information to others without limitation.
12.2 Any communications you send to this Web Site or otherwise to Holidaycube by electronic mail are on a non-confidential basis, and Holidaycube may reproduce, publish or otherwise use them in any way for any purpose. Holidaycube may use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed herein, for any purpose, including the developing, manufacturing and/or marketing of goods and/or services. Further, Holidaycube may use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including developing and marketing services incorporating such information.
POSTINGS BY THIRD PARTIES AND HYPERLINKS TO THIRD PARTY WEBSITES
This Site contains hyperlinks to other websites which are neither maintained nor controlled by Holidaycube, or may contain content posted on or via the Site by third parties. Therefore, Holidaycube shall not be responsible for any errors or omissions in any content in the Site, or the content, products or services of any hyperlinked website or any hyperlink contained in a hyperlinked web site, nor for the privacy and security practices employed by these other website, and shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Site, or arising from access to those websites. Use of the Site and any hyperlinks and access to such hyperlinked websites are entirely at your own risk.
You acknowledge that Holidaycube has no control over and excludes all liability for any material on the Internet which can be accessed by using the Site. Neither can we be deemed to have endorsed the content.
Holidaycube reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
HELPING US TO MONITOR
If you see or experience any user-contributed or other content, activity or communication through or in connection with the Site, that appears to infringe any requirement of these Terms, please inform us immediately through the “Contact Us” section on the website. We rely upon users to notify us of infringing content, activity and communications.
PROPERTY LISTING SPECIFICS
15.1 Each listing must contain information that is pertinent to a single rental property. Unless permitted by your property's listing package, you may not swap or change properties for a given listing advertisement for any reason.
"Bulk" listings - individual listings advertising multiple properties - are not permitted under any circumstances.
15.2 In the spirit of fairness, you are prohibited from creating multiple active listings that advertise the same rental property. For rentals containing multiple occupancy units, you may create individual listings for each unit.
15.3 Each listing is valid for a single rental property. Once a listing has been created and activated, the listing may not be changed or transferred to a different rental property. Each listing is specific to an individual property owner or management entity. In the event that a property is sold or transferred to a different property owner/management entity, the associated listing may not be transferred to the new property owner/management entity under any circumstances.
15.4 All listings are sold to run the full term that is chosen by the advertiser. Listings removed at your request prior to the completion of their full term are not subject to a refund.
15.5 We reserve the right to refuse any listing submitted to us either through our online submission process or sent to our offices for us to load or post onto the Site. We may refuse to publish the listing for any reason, and each current or prospective member expressly agrees to release and hold us harmless from any loss or liability that may arise from such a decision.
You agree that Holidaycube, at its sole discretion, may terminate your access to this Site and your account, if any, at any time and without prior notice for any reason. Holidaycube may also in its sole discretion and at any time discontinue providing this Site, or any part thereof, with or without notice. Further, you agree that Holidaycube shall not be liable to you or any third-party for any termination of your access to this Site and/or your account.
Your access to or use of the Site, as well as these Terms shall be governed by, and construed in accordance with Singapore Law and you agree to submit to the exclusive jurisdiction of the Singapore courts.
Holidaycube’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right.
If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
These Terms are for the benefit of Holidaycube and its directors, officers, employees, suppliers, licensors, agents, and any third party content providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.