2.1 AsiaCityTrip's Modifications
3. Access and Use of the Services
3.1 Ownership of Content
3.1.1 This Website, the domain name (www.asiacitytrip.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by AsiaCityTrip in connection therewith are owned and operated by AsiaCityTrip.
3.2 Provision and Accessibility of Services
3.2.3 If you link to is Website, AsiaCityTrip may revoke your rights to so link at any time, at AsiaCityTrip’s sole discretion. AsiaCityTrip reserves the right to require prior written consent before linking to this Website.
4. Website and Content
4.1 Use of the Content
4.1.2 If AsiaCityTrip agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. AsiaCityTrip may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 AsiaCityTrip’s Liability for the Website and Content
4.2.1 AsiaCityTrip cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. AsiaCityTrip cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2 Under no circumstances will AsiaCityTrip be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
5. Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of this Website belong to AsiaCityTrip or have been licensed to AsiaCityTrip for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from AsiaCityTrip or from the copyright holder identified in such Contents copyright notice.
6. User Submissions
6.1 Uploading of Information
7. Users Representations, Warranties and Undertakings
7.1 Use of this Website and the Services
7.1.1 You represent, warrant and undertake to AsiaCityTrip that you will not provide any User Submissions or otherwise use this Website or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without AsiaCityTrip’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of AsiaCityTrip; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
7.2 Removal of User Submissions
7.2.1 AsiaCityTrip reserves the right to remove any User Submissions from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if AsiaCityTrip is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website.
7.3.3 You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to AsiaCityTrip that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via this Website or Mobile Application; (c) use this Website or Mobile Application for commericial or competative activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run maillist, listserv, or any other form of auto-responder, or "spam" on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Website’s infrastructure; or (g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of this Website; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
8. Registration and Security
8.1 Opening of the AsiaCityTrip Account
8.1.1 In the course of using the Services, you may be required to open and maintain an account with AsiaCityTrip (“AsiaCityTrip Account”).
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with AsiaCityTrip and select a password and user name (“AsiaCityTrip User ID”). If you are accessing the Services through a Third Party Website or service, AsiaCityTrip may require that your AsiaCityTrip User ID be the same as your user name for such Third Party Website or service.
8.2.3 You represent that you shall not: (a) Select or use as a AsiaCityTrip User ID a name of another person with the intent to impersonate that person; or (b) Use as a AsiaCityTrip User ID a name subject to any rights of a person other than you without appropriate authorization.
8.2.4 AsiaCityTrip reserves the right to refuse registration of or to cancel a AsiaCityTrip Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
9. Reviews - Further correspondence - Rights to User Content
9.1. By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the AsiaCityTrip platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Each account may only submit one review per activity booked once or multiple times within the same calendar month.
9.2. By posting a review, you grant AsiaCityTrip the full, perpetual, free, transferable and irrevocable rights to all submitted user content. AsiaCityTrip reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
9.3. You confirm you will comply with these Customer Review Guidelines. In addition, you represent and warrant that
9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;
9.3.2. such content is accurate and not misleading; and
9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.
10. Booking Confirmation, Tickets, Vouchers, Fees and Payment
10.1 Booking Confirmation
10.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Website is solely for reference only. Actual time required for confirmation may vary.
10.2 Purchase and Use of the Vouchers
10.2.1 Through this Website, you may purchase vouchers from AsiaCityTrip for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher.
10.2.2 In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
10.2.3 An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither AsiaCityTrip nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.
10.3 Terms of the Vouchers
10.3.2 Vouchers are admission tickets to one-time events ('Events'): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
10.4 Cancelation of Vouchers
10.4.1 You may cancel your Voucher by contacting AsiaCityTrip customer service within the cancelation period, as stated at the time of purchase on the Website. Cancelation windows vary on a case by case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
10.4.2 The Operator, not AsiaCityTrip, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
10.4.3 Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Website at the time prior to purchase.
10.4.4 If an Event which you have purchased a Voucher for is cancelled by the Operator, AsiaCityTrip will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
10.5 Required Assistance
10.6 Additional Charges
10.6.1 AsiaCityTrip reserves the right to require payment of fees or charges for any Services offered by AsiaCityTrip. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you.
10.7 Modifications to Charges
10.7.1 AsiaCityTrip reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website. Your use, or continued use, of the Services offered by AsiaCityTrip following such notification constitutes your acceptance of any new or revised fees or charges.
10.8 AsiaCityTrip’s Rights and Obligations
10.8.1 AsiaCityTrip reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at AsiaCityTrip’s sole discretion.
10.8.2 AsiaCityTrip intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
10.8.3 Whilst the Operators are required to provide AsiaCityTrip with accurate and updated prices of the Services on this Website, AsiaCityTrip cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
10.9 The above terms and conditions & return policies are appliable to all AsiaCityTrip users worldwide.
12.1 AsiaCityTrip’s Indemnification
12.2 AsiaCityTrip’s Involvement
14.2.1 AsiaCityTrip may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of AsiaCityTrip without AsiaCityTrip’s prior written approval. AsiaCityTrip reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action.