Please note that we may change, modify, add and delete these Terms at any time without prior notice. The Terms must be read periodically. By continuing to use this Platform after such changes to these Terms, visitors, users or Registered Users (“you” or “user“) agree and consent to the changes. If you use any of our other services, then your usage is based on the submission to and acceptance of the terms and conditions applicable to such services.
SCOPE OF SERVICES
- Esseplore provides an online platform where you can browse places to visit, things to do, places to shop, places to eat, things to buy and private dining experiences, as well as make a booking, reservation and/or purchase (“Services”). Users can make bookings of services provided by Esseplore and/or any other service provider in cooperation with Esseplore (“Partners”) on our Platform. By placing an order through the Platform, you will be able to purchase products, book an experience or a third party service of one of our Partners. We will provide a booking confirmation via email or the app. We reserve the right to refuse the booking for reasons set forth below.
- Changes in market conditions or circumstances that occur can lead to changes in a short time causing the information provided to be inaccurate or not applicable. In case of any problems, please contact our support centre and they will assist you.
- Esseplore does its best to curate the products and experiences but should not be construed as guaranteeing the level of service quality or products listed on the Platform. We hereby declare denial of any claims, losses or liability with respect to the quality or status of our Partners listed on our Platform.
- We have the right to not accept any user or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation. The reasons for rejecting a user or booking or cancelling a booking confirmation may include but are not limited to: breach of these Terms, trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, services not being available or no longer being made available by the Partner, user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behavior, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns, a Real Mistake (hereinafter described below), history of breaches of these Terms, or being placed on any “black lists” or “watch lists” by governments or international organizations. We can at anytime delete or remove (“Removed“) the user from our Platform, either temporarily or permanently. Removed Users are prohibited to attempt using the Platform in any other name or through other users (hereinafter described in the Fraud Prevention Mechanism condition).
- In a particular case, we may cancel or reject reservations with respect to the “Real Mistake”, which does not depend on where the error originated. A Real Mistake is a fault on the Platform (for example, in terms of price) which no reasonable person would consider appropriate or to make business sense. The amount charged shall be reimbursed without further charges in such a case.
- Every payment related to the purchase, reservation or booking of the Services shall be made directly to Esseplore payment channels. Esseplore shall not be responsible for the validity of the purchase or booking, if the payment is not being made directly to Esseplore.
- By making a booking, order or reservation through the Platform, you accept and agree to the terms and conditions of the Platform and applicable Partners, including policies regarding cancellation and/or absence, or your specific requests which may be given to our Partners.
- Regarding refunds, Esseplore may be able to withhold or take part of the amount paid to reimburse the costs that have been incurred in connection with the cancellation.
- In the event of any special requests (for example: dining place to be easily accessible by wheelchair, change of name, change of date, or equivalent), the user must specify the request when making a booking on the Platform.
PRICE AND PROMOTION
- We may offer lower prices and/or promotions from time to time. Please note that these may involve different conditions and requirements as it relates to booking and refund policies.
- If there is any promotion provided directly by the Partner, then the rights and authority over the promotion will be fully under the Partner and may not be applied for the purchase, reservation or booking conducted through Esseplore.
- For registration purposes, we will collect and process your personal information, such as your name, electronic mail (e-mail) address, and your mobile phone number when you register. You must provide us with an accurate, complete, and latest information and agree to provide us with any proof of identity that we may reasonably request.
- Only you can use your own account and you represent and warrant that you will not authorize any other party to use your identity or your account for any reason, unless permitted by Esseplore.
- You cannot assign or transfer your account to any other party.
- You must maintain the security and confidentiality of your account password and any identification we provide to you. In the event of any disclosure of your password, in any way whatsoever resulting in any unauthorized use of your account or identity, order(s) received from such unauthorized use shall still be considered as valid orders and we will process such order(s). You hereby declare that Esseplore is not responsible for any loss or damage arising from the misuse of your account.
- If you no longer have control over your account, you are required to immediately notify us (e.g., your account is hacked in any way or your phone is stolen) so we can temporarily block and/or inactivate your account properly. Please note that you are responsible for your use of your account and may be liable for your account even if your account is misused by others.
- Esseplore has the full rights to temporarily block, delete, or inactivate the User’s account at our sole discretion and for any cause without giving reasons for blocking, deletion, or inactivation of the User’s account. The reasons for blocking, deletion, or inactivation of the User’s account may include but are not limited to:
- breach of these Terms,
- prohibitions in regulations,
- fraud or theft (or indication or suspicion of fraud or theft),
- suspicion of criminal activity,
- suspicious ordering,
- User providing inaccurate, erroneous or misleading information,
- inappropriate behavior, threats, or insults,
- refusal to provide information,
- practical impediments,
- communication difficulties or breakdowns, or
- User is listed on any “black lists” or “watch lists” by governments or international organizations.
- MEMBERSHIP PROGRAM (Not Available at this Moment) By registering with Esseplore, you will automatically be a member of our loyalty program named “MyEsseplore” operated by Esseplore.As a member of MyEsseplore, you will gain access to the points, promotions, discounts, features, or other benefits offered by Esseplore and/or third party merchants as made available from time to time in the Application. For avoidance of any doubt, we may from time to time change, remove, or make unavailable part or whole points, promotions, discounts, features, or other benefits offered by us.
PAYMENT BY CREDIT CARD & FRAUD
- For payment of bookings or orders placed through this Platform, your credit card will be billed by Esseplore for the full price at the time of booking/reservation/order and confirmation of the booking/reservation/order (any refund that may be given will depend on the conditions of the existing order). You must check the booking/reservation/order details thoroughly each time before you order. Esseplore will process any refund, as applicable, within a reasonable period. We process your payments through international payment providers like Stripe. In order to safeguard and encrypt your credit card information when in transit to us, we use encryption technology such as Secure Sockets Layer (“SSL”) to ensure the integrity of your information.
- In the case of credit card fraud or unauthorized use of your credit card by a third party, you must contact your bank or card issuer immediately after realizing such unauthorized use. In such a case, Esseplore takes no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, regardless of whether such fraud or unauthorized use was carried out through Esseplore services. Esseplore is not obliged to make refunds or repayments to you as a result of such fraud. As part of our goodwill, we may provide a form of compensation to you subject to review and approval by us. You shall only be eligible to request compensation only if such reservations have been made through our secure servers and the fraud or unauthorized 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 unauthorized 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 unauthorized reservations or fraud committed on Esseplore, you must contact our Customer Service team immediately.
- To book, reserve or order you must be aged over eighteen (18) years old and have full legal capacity to make the transaction (or have authorization from your legal guardian). 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 authorizing a transaction that results in an over-drawing of your account are not the responsibility of Esseplore.
- You shall ensure that the details you provide to us are completely accurate. Esseplore reserves the right to not accept certain credit cards. Esseplore can add or remove other payment methods at our sole discretion.
- In certain cases, we may require additional information or verification to validate and confirm the booking/order, as described in more detail on the Platform. Bookings/Reservations/Order are not confirmed until you have received a confirmation email.
RIGHTS AND OBLIGATIONS
- Esseplore hereby grants the user certain limited rights (constituting a “Limited Licence”), which cannot be transferred or assigned, to access and use the Platform to the extent expressly permitted by these Terms. In connection with this Limited Licence, we are not granting you any other rights or licences with respect to use of the Platform; rights or licenses not expressly granted, are wholly owned by Esseplore or other third party owners of such licence. Content available on the Platform (including the software infrastructure used to provide the Content) is wholly owned by Esseplore or its suppliers and service providers, including but not limited to its Partners (as applicable). You can use the Platform to place orders and you hereby guarantee that you will not submit false order/booking requests. You hereby declare to ensure that the payment information you provide is accurate. You also guarantee providing an accurate email and mailing address as well as other details of your contact information.
- use this Platform or the Content for commercial purposes without permission from Esseplore;
- access, monitor or copy any Content on the Platform using technology, software, or any program either manually or automatically for any purpose without written permission from Esseplore;
- perform any action that imposes or may impose, an unreasonable burden on our Platform or Platform infrastructure;
- make a major link to this Platform (including but not limited to the booking path) for any purpose without the written consent from Esseplore;
- resell, use, copy, perform surveillance (such as using or installing spider or scrape programs), display, download or perform any Content production, software, products, services available through the Platform for commercial purposes or objectives/activities of competition;
- reproduce the Platform (through a “frame” or “mirror”) or set up a part of this Platform on any other web Platform without prior written consent;
- send an announcement to or through the Platform that violates any law, regulation, or rules, or which can support unlawful or criminal activities;
- transmit or provide links to any materials that defame, slander, or lie;
- transmit or provide links to each announcement containing the terms of defamation, slander, and lies;
- transmit or conduct announcements that may infringe upon the intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secrets, confidential information or publications;
- transmit announcements where prohibited by applicable law or violate the rights and obligations that exist based on the contractual relationship;
- imitate any person or entity for any purposes;
- manipulate or falsify information with the aim to disguise the origin of statements provided;
- use the Platform in any manner which could damage, disable, obstruct, or interfere with the use of the Platform or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment;
- gain unauthorized access or perform unauthorized modification to the Platform or other related webPlatform, other accounts, computer systems, networks connected to the Platform through hacking, password theft or other similar matters;
- obtain or attempt to obtain any materials or information by ways that are not intentionally supplied by the Platform (including but not limited to other destinations provided by this Platform). This includes but is not limited to, obtaining or collecting information about others such as email addresses;
- engage in fraudulent acts or actions that aim to manipulate a search engine results page (“SERP”) or perform search engine optimization (“SEO”). SEO practices considered unethical or to constitute “spamdexing” include but are not limited to cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, link schemes, comments containing spam and other matters; or
- any other action which may adversely affect or result in damage to the Platform, Esseplore or its affiliates and employees, or Esseplore’s reputation.
- Unless expressly specified otherwise, the Platform is not allowed to make links to other pages other than the Main Platform pages or frames or web page or material contained in it, or making links to aspects of the Platform in the form of an email with a commercial purpose without the express written approval of Esseplore.
- By placing an order through this Platform, you hereby represent and warrant that you are not subject to any prohibitions or restrictions by any sanctions program, or subject to any penalties under any anti-money laundering regime.
RIGHTS TO USER CONTENT
- By completing a booking/reservation/order, you hereby agree to receive electronic mail containing an invitation to provide reviews or content reviews with respect to the selection of goods and Partners. Esseplore currently does not display reviews and uses this for our improvement purposes. However, Esseplore has the sole discretion whether your review will appear on the Platform, if so desired. Esseplore can display the review, which may contain comments, level of service and your name.
- In providing a review, you agree to ensure that:
- you own and control all of the rights to the reviews that you provide to the Platform;
- the content of the review is accurate and contains no misrepresentations; and
- the use or performance or transmission of the content of the review does not violate the Terms or applicable laws and regulations, you are not violating any third party’s rights, and you are not causing injury to any party.
- You must bear all responsibility for the content of the reviews that you provide or submit. You allow Esseplore to act when there is a party that violates your rights or the rights of Esseplore.
- Content review provided will be deemed to not contain confidential information and Esseplore shall have no obligation to treat the content review as confidential information. Without limiting the provisions contained in the Terms, Esseplore has sole discretion to use the content review as deemed appropriate, including but not limited to removing, cutting, modifying, or otherwise editing the review. Esseplore shall have no obligation to pay for the content that you submit in a review, including but not limited to content review that has been changed, eliminated or cut. Esseplore shall have no obligation to provide or include or mention authors or other third parties.
- In any case, you hereby agree that with respect to the content of the reviews:
- You do not require any attribution or identification on any derivative works;
- You consent that all content of reviews submitted to Esseplore may be used by Esseplore and its employees, successors, and transfer recipients in any way, at any time. This includes but is not limited to publishing, modification, and reproduction of the review either in its entirety or in partial form; and
- You hereby waive all rights and agree not to claim any rights in the content review.
- You hereby agree to not use the Platform or the Content for unlawful or unauthorized activity. You agree that you will not use any equipment, software, or other technologies that may obstruct or attempt to obstruct the operation of this Platform. You agree to not use this Platform or its Content for commercial purposes. You agree not to seek, create, search for, use or send automated agents or other forms of technology to collect or obtain information from this Platform, or otherwise interact with this Platform.
INTELLECTUAL PROPERTY RIGHTS
- All Intellectual Property Rights on this Platform are owned by Esseplore. All information and materials, including but not limited to: software, text, data, graphics, images, sounds, videos, trademarks, logos, icons, html codes and other codes on this webPlatform are prohibited to be published, modified, copied, reproduced, duplicated or altered in any way outside the area of this Platform without the express written permission of Esseplore. If you violate these rights, Esseplore reserves the right to bring a civil claim for the full amount of damages or losses suffered. These violations may also constitute criminal offences.
- Esseplore and/or its affiliated companies are the owners of certain intellectual property rights (“Intellectual Property Rights”), including but not limited to the domain name, Platform, trademarks, content, copyright, service marks, logos, symbols or other designs etc. 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 Esseplore’s Intellectual Property. Other product and company names contained on the Platform, including names, trademarks, marks, service marks, logos, symbols or other designs may be owned or licensed for 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. Esseplore owns copyright to the Platform, and you are prohibited to use, possess, distribute or modify any of the Intellectual Property without express approval from Esseplore.
- The Platform contains Esseplore’s Intellectual Property, including but not limited to text, software, photos, graphics, video, music and sound. The whole of the Platform’s Content is protected by copyright laws. We and our licensors own the copyright and/or other rights over the selection, coordination, arrangement, and repair of the Content and the original content. You must not modify, reproduce, copy, perform, display, publish, or exploit the Content, in whole or in part, unless you have express written consent from Esseplore.
- Unless specified otherwise, the software required for the provision of services, the software available for use on this Platform, and Intellectual Property Rights in the Content on the Platform are owned by Esseplore, its affiliated or associated companies, licensors, suppliers and content providers. Esseplore shall not be responsible for intellectual property owned by third parties or for infringement of intellectual property rights owned 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 downloads you make 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. You hereby accept and agree that downloading any Intellectual Property does not grant you any rights over them.
- We may provide links onto other apps or sites maintained by other parties. By clicking on the link, you hereby represent, acknowledge and agree that such action is your voluntary action to view or enter other apps or sites that Esseplore does not supervise or bear responsibility for.
- Esseplore in making the Platform, preparing the source code and performing software support, can license the use of open source software from third parties through the GNU General Public Licence (“GPL”), Any use by Esseplore of open source software and the intellectual property rights of a third party are with the necessary licences or permits.
CLAIMS OF INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
- If there is evidence of violations of your Intellectual Property Rights, you or your representative (collectively, the “Sender“) may send a notice containing the following details listed below:
- Name and address of the Sender;
- In case the Sender is not the owner of the Intellectual Property Rights or license exclusive then it must include the name and address of the owner of the Intellectual Property Rights;
- In case the Sender’s address is not in Singapore, the Sender shall provide a temporary address in Singapore;
- Sender’s telephone number, facsimile (if any) and electronic mail address;
- Sufficient details so as to prove the existence of intellectual property rights violations, including online addresses of electronic copies ;
- Sender’s request to remove or disable access to the infringing electronic copy or version;
- A statement that the Sender in good faith recognizes the violations as identified in paragraph (e) of this Clause;
- A statement that the information provided in the notice is accurate;
- A statement that the Sender (a) is the owner or exclusive holder of the intellectual property rights that are being violated; or (b) has the legal authority to act on the owner or exclusive holder’s behalf; and
- The statement that the Sender subjects to Singapore law and that all claims, disputes, controversies or differences arising out of intellectual property rights infringement shall first be submitted to the Singapore Mediation Centre for resolution by mediation in accordance with the Mediation Procedure. The Sender should state that they agree to participate in the mediation in good faith and agree to abide by the terms of any settlement reached.
- The letter must be signed by the sender and delivered physically and via email to the following address:
10 Collyer Quay, #10-01, Ocean Financial Centre, Singapore 049315
Email : firstname.lastname@example.org
- We will review and handle notifications in accordance with the above requirements and in accordance with Singapore law.
- You agree to not hold Esseplore responsible for losses or damages that may occur as a result of fraud, forgery or false accusations of intellectual property rights infringement.
- You hereby declare to and agree that to the extent where permitted by applicable law:
- The service and the content of this Platform are provided on the basis of “as is” and “as available”. We hereby expressly state that we do not make any kind of guarantee or warrant, whether express or implied, with respect to the merchantability of a product or service, or suitability of the products and services we provide for a particular purpose and against non-infringement where applicable.
- We do not guarantee that: (a) the functions, services and security features provided in this Platform will be uninterrupted or free from error; (b) errors or failure will be repaired; or (c) the Platform or the server provide services that are free from viruses, malware or harmful components;
- We do not warrant the accuracy, authenticity, integrity or quality of the content, Platforms or resources available to and from the Platform including, but not limited to, any guarantee that the content, Platforms or resources are free from source material that is malicious, indecent, or controversial;
- Any material downloaded or otherwise obtained through the use of this service is at your sole responsibility and risk. You voluntarily assume such risk, and you will be fully responsible for damage to your computer system or loss of data that results from downloading any materials that are provided.
- LIMITATION OF LIABILITY
- Without prejudice to what is set out in these terms, each party’s liability is limited and excluded to the maximum extent permitted by law, such as for personal injury and death. We shall not be liable for any losses or damages, whether direct or indirect, resulting from or connected to your use of this Platform or use of the links on the Platform, including but not limited to special, incidental, punitive or consequential damages or other economic loss, even if we have been advised of the possibility of loss or damage that may occur. The only available remedy for you is termination of use of this Platform.
- You hereby agree to indemnify and hold harmless Esseplore and its employees, affiliates, staff and partners, from and against any and all claims, demands, liability, damage or loss including legal fees, which arise as a result of claims of third parties in connection with: (a) your use of the Platform; (b) Content that is given, provided or accessed through this Platform; (c) your violation of the Terms; (d) violation of any other rights or obligations; and/or (e) any act or omission by you, whether negligent, unlawful or otherwise.
- THIRD PARTY LINKS AND CONTENTS
- Esseplore curates with care the partners that we chooses to link to for your convenience and to enhance your overall experience with Esseplore. The Platform may therefore contain links to digital properties operated by parties other than Esseplore. We do not control those properties or links and are not responsible for the content or privacy or other activities of such digital properties. You hereby agree to release us from and against any and all liabilities, expenses, loss, or damage, directly or indirectly caused or allegedly caused by or in connection with the use of the third party digital properties.
- Esseplore has sole and full discretion to change, postpone, discontinue or stop this Platform and/or part of the Platform, including services or products that are made available in this Platform, and/ or usage of this Platform, or part thereof, at any time for any reason without prior notification to you.
- In the event of termination, you remain bound by the obligations in these Terms, including but not limited to the warranties, indemnification, waiver and limitation of liabilities that you have agreed to.
- Esseplore shall not be liable to you or any third-party for any termination or suspension of your access to the Platform.
- These terms shall be governed by and interpreted in accordance solely with the laws of Singapore.
- In the event of a dispute arising out of or in connection with these Terms, both Parties shall first discuss in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute. However, if such dispute may not be settled by mutual consultation within sixty (60) days, it shall be referred to mediation at the Singapore Mediation Centre in accordance with the Mediation Procedure. If the dispute remains unresolved, it shall be submitted to the exclusive jurisdiction of the courts of the Republic of Singapore.
- These Terms shall constitute the entire agreement and understanding between you and Esseplore on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and Esseplore concerning the subject matter thereof.
- To clarify, Esseplore does not manage or control our Partners and they are included to enhance your experience. Our Partners are businesses that act on their own right.
- If you use the Platform for or on behalf of a third-party (“Third-party“), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. When using the Platform for or on behalf of a Third-party, you agree to indemnify and hold Esseplore harmless from and against any and all liabilities, losses, damages, suits and claims including legal fees, arising from or connected to the breach of these Terms or negligence by you and/or the Third-party.
- These Terms are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms.
- In the event that any provision is determined to be unenforceable or invalid, by any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provision shall be replaced by a provision approximating as much as possible the original wording and intent.
- Failure by either Party to enforce any provision of these Terms at any time shall not be construed as a waiver of each Party’s rights to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
- You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.
- We reserve the right to amend or repeal the Terms (or parts thereof) in our sole discretion. We may amend the Terms at any time by posting a variation on the Platform. The latest version of the Terms will supersede all previous versions.
- Except where expressly stated, nothing in these Terms is intended to grant to any third party any right to enforce any term or to confer on any third party any benefits under these Terms. The application of the Contracts (Rights of Third Parties) Act (Cap. 53B) and any re-enactment is expressly excluded.
- Notices given pursuant to these Terms shall be deemed sufficiently given if they are in writing and forwarded by registered post or recorded delivery service or equivalent to either Party (at our registered address, or otherwise notified).
- By using our Services, you acknowledge that we may need to comply with additional terms and conditions provided by our suppliers that may be applicable for certain products.
- Esseplore shall not be liable for any non-performance or violation of these Terms, such as for transaction failure, restricted access to the Platform, or any damage or harm to users caused by any act or condition beyond the reasonable control of either You or Us (“Force Majeure Event”). Force Majeure Events include but are not limited to natural disaster (floods, earthquakes), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes/typhoons/cyclones, labor strikes, demonstrations, airline or hotel bankruptcy or insolvency, and so forth.
- Esseplore shall not be responsible for any damages or losses caused by any means to any party if Esseplore cannot process your order because of the Force Majeure Event
ABOUT ESSEPLORE – FAQS
- If you have any further questions please refer to the FAQs on our app.
Last updated on: 5 Mar 2020