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Terms and Conditions

 

Date of Last Revision: Apr 9, 2013

Welcome to Clubvivre!

Clubvivre Pte Ltd, a Singapore company (Clubvivre, we, us or our) maintains the website at http://www.clubvivre.com (the Site) and provides related services such as sharing, listing and booking of activities and experiences (collectively, such services, including any new features and applications, and the Site, the Services) subject to the following Terms of Use (as updated and amended from time to time, these Terms of Use). All services provided by Hosts (as defined at Clause 2.1 below) shall be referred to as Experiences or Activities on the Site and in these Terms of Use.

1. Acceptance of Terms of Use

1.1 Your Acceptance.

By using the Site or the Services in any manner, you (the User or you) agree to comply with and be legally bound by these Terms of Use, including the Privacy Policy located at http://www.clubvivre.com/terms-conditions and those additional terms and conditions and policies referenced herein and/or available by hyperlink, whether or not you become a registered User of the Services. If you do not agree to be legally bound by any term or condition of these Terms of Use or any subsequent modifications hereto, you do not have any right to obtain information from or otherwise continue using the Services and your only recourse is to immediately discontinue use of the Services.

1.2 Our Right to Modify.

We reserve the right to modify these Terms of Use, including those additional terms and conditions and policies referenced herein and/or available by hyperlink, at any time, effective upon posting of an updated version of these Terms of Use on this page of the Site. You are responsible for reviewing the most recent version of these Terms of Use and remaining informed about any modifications. By using this Site, you agree that the posting of new or revised Terms of Use on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Services after any such changes or after explicitly accepting these Terms of Use upon logging into the Site shall constitute your consent to such changes.

2. User Responsibilities

2.1 Clubvivre as a 'Venue'.

Clubvivre is an online venue that connects customers (Customers or Participants) who seek local Experiences and local hosts providing such Experiences (Hosts). Users may list Experiences as Hosts or purchase Experiences as Customers. Clubvivre is not directly involved in the Experiences offered by Hosts to Customers. As a result, Clubvivre has no control over the quality, safety, morality or legality of any aspect of the Experiences listed, the conduct of the users, the ability of Hosts to provide Experiences or the ability of Customers to pay for Experiences.

2.2 Third-Party Content.

In using the Services, you may be exposed to content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links, from other Users or third parties (Third-Party Content), either at the Site or through links to third-party websites. Clubvivre does not control, and is not responsible or liable for, Third-Party Content posted on, transmitted through or linked from the Services. Such Third-Party Content is the sole responsibility of the person from whom such Third-Party Content originated. You understand that by using the Services, you may be exposed to Third-Party Content that is incomplete, offensive, indecent, inaccurate, misleading, unlawful or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content.

2.3 Identity Verification.

You acknowledge that Clubvivre does not pre-screen Users or approve Third-Party Content and makes no attempt to confirm, and does not confirm, any User's purported identity. We do not investigate any User's reputation, conduct, morality, criminal background or verify the information that any User submits to the Site. We do not endorse any persons who use or register for the Services, whether as Customers or Hosts. You are responsible for determining the identity and suitability of others whom you may contact or who may contact you by means of the Site. You agree to exercise caution and good judgment in all interactions with other Users. Clubvivre encourages you to communicate directly with potential transaction partners through the tools available on the Site and to review your Hosts’ profile page for feedback from other Users. You may also wish to consider using a third-party escrow service or services that provide additional User verification.

2.4 Release.

BY USING THE SITE OR THE SERVICES, YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS WHO CAUSED YOU HARM. YOU AGREE NOT TO ATTEMPT TO IMPOSE LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM CLUBVIVRE, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES.

3. Eligibility for Use

3.1 Age.

The Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.

3.2 Registering on Behalf of a User.

If you are registering on behalf of a User, you represent and warrant that you have the authority to bind such User to these Terms of Use, and, for purposes hereof, the term you shall also be deemed to include the User on whose behalf you have registered for the Services. If you do not have the authority to bind such User to these Terms of Use, you agree to be personally liable according to these Terms of Use.

3.3 Legal Compliance.

You represent and warrant that you comply with all applicable domestic and international laws, statutes, ordinances and regulations, including without limitation any laws or regulations requiring the application for registration of business and the obtaining of licenses such as sightseeing guide licenses, and will use the Services in a manner consistent with all such applicable laws, statutes, ordinances and regulations.

3.4 Right to Refuse Access.

Clubvivre may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

4. User Conduct

4.1 Rules and Restrictions.

You are solely responsible for your conduct and activities on and involving the Services and any and all content and information, for example, data, text, files, information, usernames, graphics, images, photographs, profiles, audio, video, messages, services or links (Content), that you submit, post and display on the Site. In connection with your use of the Services, you must act responsibly and exercise good judgment. You agree to provide and maintain true, accurate, current and complete information about yourself or your Host. Without limiting the foregoing, you will not use the Services to: (a) post or otherwise transmit any Content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) depicts or advocates the use of illicit drugs; (iii) makes use of offensive language or images; (iv) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (v) poses or creates a privacy or security risk to any person; (vi) infringes any intellectual property or other proprietary rights of any party; (vii) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, junk mail, spam, chain letters, pyramid schemes, contests,â sweepstakes, or any other form of solicitation; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (ix) in the sole judgment of Clubvivre, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Clubvivre or its Users to any harm or liability of any type; (b) violate any applicable local, state, national, international or other law or regulation, or any order of a court, including as it concerns online conduct and acceptable content; (c) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (d) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (e) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; (f) interfere with, disrupt or damage the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; (g) use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (h) harvest or collect email addresses or other contact information of other Users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (i) “stalk” or harass any other User of the Services or collect or store any information about any other User other than for purposes of transacting as a Host and Customer with one another; (j) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services; (k) register for more than one User account or register for a User account on behalf of an individual other than yourself except as set forth in Section3.2; (l) transfer or sell your account and/or username to another party; (m) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; (n) use automated scripts to collect information or otherwise interact with the Services; (o) use the Services to find a Host or Customer and then complete the transaction offline in order to circumvent your obligation to pay for the Services; (p) submit any listing with a false or misleading price, or submit any listing with a price that you do not intend to honor; (q) provide a link to any other website; or (r) advocate, encourage, or assist any third party in doing any of the foregoing.

4.2 Interaction with Other Users.

You are solely responsible for your interactions with other Users of the Services. Clubvivre will not be responsible for any damage or harm resulting from your interactions with other Users of the Services. We reserve the right, but have no obligation, to monitor interactions or disputes between you and other Users of the Site or the Services and to take any other action in good faith to restrict access to or the availability of any material that we or another User of the Services may consider obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable.

4.3 Listing Conditions.

By listing an Experience on the Site, you (a) warrant that you and all aspects of the Experience comply with Clubvivre's published policies, (b) assume full responsibility for the content of the Experience offered, (c) understand that it is publicly available to be viewed and booked by any individual and (d) acknowledge and agree that the price and time you specify for that listing will constitute an essential part of a binding agreement between you and the Customer and agree to honor all registrations through the Site at the price and time listed.

5. Right to Cancel Account or Delete Content; Storage of Content

5.1 Our Right to Cancel Accounts.

Clubvivre may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice and at any time: (a) terminate your access to the Services, (b) deactivate or delete any of your accounts and all related Content, (c) bar your access to any of such Content or (d) refuse, edit or delete any Content that you post or submit to the Site or through the Services. Upon termination we will promptly pay you any hosting fees held in escrow and due to you (if any), less our service fee.

5.2 Termination of Inactive Accounts.

You acknowledge that Clubvivre reserves the right to terminate accounts that are inactive for an extended period of time.

5.3 Storage of Content.

You acknowledge that Clubvivre may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that Content will be retained by the Services and the maximum storage space that will be allotted on Clubvivre’s servers on your behalf. You agree that Clubvivre has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You further acknowledge that Clubvivre reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

6. Payment; Markup Fees

6.1 Markup Fee Structure.

In exchange for providing the Services, Clubvivre keeps a portion of the price of each Host's experience. This is considered Clubvivre' Service Fee. The amount of service fee is pre-agreed with each Host’s individually prior to putting the listing online. As a Customer, you agree to pay the full price of the experience listed online. As a Host, posting a listing is free, but you agree that Clubvivre retains the service fee for each purchase made by a Customer. Whether as a Customer or a Host, you agree to purchase an Experience listed on the Site only through the Services. Changes to the Service Fees are effective after Clubvivre provides you with at least five (5) days' notice by emailing the changes to the Host' email and will not impact any existing reservations to a listed experience unless mutually agreed with the Host. However, Clubvivre may choose to temporarily change its Service Fees and the fees for Clubvivre's services for promotional events; such changes are effective when Clubvivre posts the temporary promotional event on the Site.

6.2 Customer Fee Terms.

If you purchase an Experience, you will be asked to provide your Paypal and/or credit card information and billing address. Your Paypal account and/or credit card will be charged the full amount of such Experience at that time. If you are required to provide Clubvivre information regarding your credit card or other payment instrument, you represent and warrant that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your Paypal account, billing address or credit card expiration date) that may occur. If you dispute any charges you must let Clubvivre know within sixty (60) days after the date that we charge you. If Clubvivre terminates your account and use of the Services because you have breached these Terms of Use, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

6.3 Host Fee Terms.

Clubvivre will endeavor to remit Revenue (as defined below) to you, less Clubvivre's applicable Service Fees (as referred to in Section 6.1 above) in accordance with the payment terms of the default payout preference chosen by you in your User account settings, or if no payout preference has been set, within 48 hours of the consumed Experience. For the purposes hereof, "Revenue" shall mean gross revenue actually received by Clubvivre from its sale of Experiences hereunder, less taxes, refunds, returns, chargebacks and bad debt. All Revenue will be paid to the Host in accordance with the payment information provided by the Host to Clubvivre through the Services, and the Host is solely responsible for ensuring such information remains accurate and up to date. If the Host disputes any payments, the Host must inform Clubvivre within sixty (60) days after the date that Clubvivre pays the Host.

6.4 Refunds and Cancellations.

If you wish to cancel or obtain a refund for an Experience, please see Clubvivre's Refund and Cancellation Policy available on the Site at http://www.clubvivre.com/faq. The Refund and Cancellation Policy is hereby incorporated by reference.

6.5 Donations.

Some Hosts may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation they pledged to make.

6.6 Taxes.

You shall be responsible for paying any and all taxes applicable to any purchases or sales of Experiences you make on the Site (excluding any taxes on Clubvivre’s net income).

7. Privacy

The Privacy Policy of Clubvivre governs the handling, storage and use of any information you submit to us, including credit card billing information. The Privacy Policy is available on the Site at http://www.clubvivre.com/terms-conditions and is hereby incorporated by reference. You agree to abide by all terms set forth in the Privacy Policy.

8. Password and Account Security

8.1 Responsibility to Maintain Confidentiality.

You are solely responsible for maintaining the confidentiality of your password(s) associated with any account you use to access the Services. Accordingly, you understand and agree that you are solely responsible for any and all activities that occur under your account.

8.2 Notification of Unauthorized Use.

You agree to (a) immediately notify Clubvivre at support@clubvivre.com of any unauthorized use of your username, password or account or any other breach of security, and (b) ensure that you log off and exit from your account at the end of each session when accessing the Services.

8.3 No Liability.

Clubvivre will not be liable for any loss or damage arising from your failure to comply with this Section 8.

9. Intellectual Property

9.1 User Intellectual Property.

Clubvivre does not claim ownership rights in your Content. You grant Clubvivre a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, display, perform, adapt, modify, sell, distribute, have distributed and promote such Content in any form, in any media now known or hereinafter created and for any purpose, subject to the Privacy Policy as described in Section 7. You represent and warrant that you have sufficient rights to grant us this license.

9.2 Personal Information.

As part of a transaction, you may obtain personal information, including email address, mailing address and phone number information, from another User. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for Clubvivre-related communications. Clubvivre has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the User, you are not licensed to add any Clubvivre User to your email or physical mail list. For more information, see Clubvivre’s Privacy Policy available on the Site at http://www.clubvivre.com/terms-conditions

9.3 Re-posting Content.

By posting Content on Clubvivre, it is possible for an outside website or a third party to re-post that Content. You agree to hold Clubvivre harmless for any dispute concerning this use. If you choose to display your own Clubvivre-hosted image on another website, the image must provide a link back to its listing page on Clubvivre.

9.4 Our Intellectual Property.

Material on the Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by Clubvivre, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. “Clubvivre” , “www.clubvivre.com” and other Clubvivre graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks and trade dress of Clubvivre; you agree not to use such material for any purpose, including but not limited to as metatags on other websites, in written materials, in connection with any product or services in any manner that is likely to cause confusion or otherwise.

9.5 Use of Our Intellectual Property.

You may not systematically retrieve data or other content from the Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of the Site in a frame (or any content from the Site through in-line links) without our prior written consent, which may be requested by contacting us at support@clubvivre.com. You may, however, establish ordinary links to the homepage of the Site without our written permission, and you may make use of embedded HTML “widgets” if we have provided the HTML code.

10. Right to Modify or Discontinue Services

Clubvivre may, in our sole discretion and without liability to you or to any third party, with or without cause, with or without notice modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof).

11. Disclaimer of Warranties

11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" . YOU ACKNOWLEDGE AND AGREE THAT CLUBVIVRE DOES NOT CHECK ANY CUSTOMER, HOST, OR OTHER USER'S BACKGROUND OR RECORD.

11.2 IN PARTICULAR, CLUBVIVRE, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE COMPLETE, ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOU EXPECTATIONS; OR (E) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE OR ERRORS IN ANY DATA PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

11.3 NO DATA, INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLUBVIVRE, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

11.4 CLUBVIVRE, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11.5 NOTHING IN THESE TERMS OF USE, INCLUDING THIS SECTION 11 AND SECTION 12, SHALL EXCLUDE OR LIMIT CLUBVIVRE'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12. Limitation of Liability

12.1 SUBJECT TO SECTION 11.5, YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLUBVIVRE, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE TO YOU FOR: (A) ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, AND/OR INCIDENTAL, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSSES, BODILY INJURY, EMOTIONAL DISTRESS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE; (B) ANY LOSSES OR DAMAGES WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSSES OR DAMAGES AS A RESULT OF OR ARISING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, RELIABILITY OR EXISTENCE OF ANY LISTINGS; (III) ANY EXPERIENCE, INTERACTION, COMMUNICATION, RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY OTHER USER OF THE SERVICES IN CONNECTION WITH THE SERVICES; (IV) STATEMENTS, CONDUCT OR OMISSIONS OF YOU, ANY CUSTOMER, HOST OR OTHER THIRD PARTY ON OR IN CONNECTION WITH THE USE OF THE SERVICES, WHETHER ONLINE OR OFFLINE; (V) HARM TO YOU CAUSED IN WHOLE OR IN PART BY A THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANOTHER USER OF THE SERVICES; (VI) HARM OR DAMAGE TO YOUR PROPERTY AS A RESULT OF USING THE SERVICES; (VII) ANY CHANGES WHICH CLUBVIVRE MAY MAKE TO THE SERVICES, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (VIII) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; (IX) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; OR (X) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

12.2 SUBJECT TO SECTION 11.5, IN NO EVENT SHALL CLUBVIVRE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID CLUBVIVRE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) US$100.

12.3 THE LIMITATIONS ON CLUBVIVRE'S LIABILITY TO YOU IN THIS SECTION 12 SHALL APPLY WHETHER OR NOT CLUBVIVRE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

13. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD CLUBVIVRE (AND EACH OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) HARMLESS FROM ANY THIRD-PARTY CLAIM, DEMAND, ACTION, DAMAGE, LOSS, COST OR EXPENSE, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ALLEGING FACTS OR CIRCUMSTANCES THAT, IF TRUE, COULD CONSTITUTE YOUR BREACH OF ANY OF THESE TERMS OF USE OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. CLUBVIVRE WILL CONTROL ANY SUCH DEFENSE AND RELATED SETTLEMENT AND YOU WILL REASONABLY ASSIST US THEREWITH AT YOUR EXPENSE.

14. No Agency

You and Clubvivre are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

15. Dispute Resolution

The Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore. All disputes, controversies or differences arising out of or in connection with this agreement shall be submitted to the Singapore Mediation Centre and the Singapore International Arbitration Centre for resolution by med-arb in accordance with the SMC-SIAC Med-Arb Procedure for the time being in force, which procedure is deemed to be incorporated by reference into this clause.

16. Miscellaneous

These Terms of Use contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms of Use shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms of Use shall not affect the validity or enforceability of any other of these Terms of Use, all of which shall remain in full force and effect. Clubvivre may assign our rights and delegate our obligations under these Terms of Use in whole or part to a third party. Headings of sections are for convenience only and shall not be used to limit or construe such sections.

17. Survival

Sections 2.4 (Release), 6 (Payment; Service Fees), 9 (Intellectual Property), 7 (Privacy), 11 (Disclaimer of Warranty), 12 (Limitation of Liability), 13 (Indemnity), 14 (No Agency), 15 (Dispute Resolution) and 16 (Miscellaneous) shall survive any termination or expiration of these Terms of Use.

18. Reporting Misconduct

If you use the service of a Host or provide a service to any Customer who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who you suspect of stealing from you, or who engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Clubvivre by providing us with the relevant details and with your police station and report number at support@clubvivre.com; provided that your report shall not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

19. Feedback; Questions

Please contact us at support@clubvivre.com to report any violations of these Terms of Use or to ask any questions regarding these Terms of Use.

Clubvivre's Content Policy

This Content Policy document aims to clarify what we consider to be acceptable use of Clubvivre. If you are found to be in violation of any of the below policies, you will receive a notice via email. Unless you explain or correct your behavior within 72 hours, your account will be suspended. We will do our best to work with you and ensure a fair outcome in all cases. We reserve the right to immediately suspend, without notice, any content, account, or IP address which we determine to be systematically generated, spam, or potentially damaging to our service or infrastructure. When your account is suspended, public access to your content is blocked, and your personal url (and vanity url if applicable) and listings urls' are redirected to the Clubvivre home page. Access to your Clubvivre Dashboard and the ability to do any interaction on the platform is also disabled.

1. Redundant Content. We do not allow multiple listings of the same Activity or Experience on Clubvivre. If you think Clubvivre misses a feature, we suggest you contact us at support@clubvivre.com and we're all ears for you.

2. Illegal Use. Clubvivre may not be used for illegal purposes. Examples of this include using Clubvivre for fraudulent purposes or organizing illegal activities.

3. Spam. Users that do not publish meaningful content, use deceptive means to generate revenue or traffic, or whose primary purpose is affiliate marketing, will be suspended.

4. Identity Theft and Privacy. Users that misleadingly appropriate the identity of another person are not permitted. Users may not post other people's personally identifying or confidential information, including but not limited to credit card numbers, Social Security Numbers, and driver's and other license numbers. You may not post information such as other people's passwords, usernames, phone numbers, addresses and e-mail addresses unless already publicly accessible on the Web.

5. Hate Content, Defamation, and Libel. Hate speech and other objectionable content that is unlawful, defamatory, and fraudulent. Note that an allegation of defamatory expression, in and of itself, does not establish defamation. The truth or falsehood of a bit of expression is a key element in establishing defamation, and we are not in a position to make that sort of fact-based judgment. That said, if we have reason to believe that a particular statement is defamatory (a court order, for example), we will remove that statement.

6. Disruptions and Exploits. We will terminate accounts and block addresses of those who attempt unauthorized use of Clubvivre.com.

7. Copyright. Using copyrighted material does not constitute infringement in all cases. In general, however, Users should be careful when using copyrighted content without the permission of those who created it. It is our policy to respond to notices of alleged infringement that comply with the Singapore Copyright Act (Cap. 63, 2006 Rev. Ed.)

8. Mass Registration and Automation. Accounts that are registered automatically or systematically will be removed and access will be permanently suspended.

Date of Last Revision: April 8, 2013


Clubvivre Pte Ltd.,(Clubvivre, we, us or our) maintains the website at http://www.clubvivre.com (the Site) and provides related services (collectively, such services, including any new features and applications, and the Site, the Services) subject to the following Privacy Policy (as updated and amended from time to time, this Privacy Policy). Your privacy is very important to us. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate and disclose personal information. Pursuant to Clubvivre's Terms of Use located at http://www.clubvivre.com/terms-conditions, you must be 18 years and older to use the Services. Therefore, this Privacy Policy makes no provision for individuals under 18 years old.

1. Information Collected and how it is Used

1.1 Information That You Provide.

Like most website operators, Clubvivre collects personal information from you when you voluntarily provide such information through the Services (e.g. when you choose to list or purchase an Experience, utilize messaging services, register for newsletters or contact us with inquiries). This includes, but is not limited to, your name, email address, location and phone number but does not include your credit card number or billing information. Clubvivre will not sell or disclose your name or email address to third parties without your explicit consent, except as specified in this Privacy Policy. We also collect transaction information if you contact us via telephone, email, text, postal mail, social media interaction, or other methods of communication, such as for customer support purposes. We may receive additional personal information from third parties. We may use this personal information to enhance other information we have about you to help us better understand you and to otherwise enhance the Sites or Clubvivre services. Clubvivre may also use your personal information collected through the Site to help us improve the content and functionality of the Site, to better understand our users and to improve the Services.

1.2 Non-Identifiable or Aggregated Data.

When you interact with Clubvivre through the Services, Clubvivre automatically receives and records certain personally non-identifiable information, including your IP address, cookies and the pages you request. Clubvivre may store such information itself or such information may be included in databases owned and maintained by Clubvivre affiliates, agents or service providers. Clubvivre may use such information and pool it with other information to track, for example, the total number of visitors to the Site, the number of visitors to each page of the Site, the domain names of our visitors, Internet service providers and how our Users use and interact with the Services. Also, in an ongoing effort to better understand and serve the Users of the Services, Clubvivre often conducts research on its customer demographics, interests and behavior based on the personal information and other information provided to us. This research may be compiled and analyzed on an aggregate basis. Clubvivre may share this non-identifiable and aggregate data with its affiliates, agents and business partners, but this type of non-identifiable and aggregate information does not identify you personally. Clubvivre may also disclose aggregated User statistics in order to describe the Services to current and prospective business partners and to other third parties for other lawful purposes.

1.3 Cookies.

A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a websites computers and stored on your computers hard drive. We use cookies and related technologies to collect information about your computer and your interaction with the Site and our business partner websites. When you visit the Site, we send one or more cookies to your computer or other device. We use cookies to improve the quality of the Services, including for storing User preferences and tracking User trends, such as how people search. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Sites features.

1.4 Social Media and mobile device.

If you use a social media platform or your mobile device (or other method of communication) to interact with Clubvivre, the application may have a specific privacy statement that governs the use of Personal Information related to that application. For example, if you use an Clubvivre mobile application and your mobile devices settings allow it, we may collect mobile location information from your device. Our application may be designed to collect information even if you are not logged into the Clubvivre application or the Sites. If you have questions about the security and privacy settings of your mobile device, please refer to instructions from your mobile service provider or the manufacturer of your device to learn how to adjust your settings. Clubvivre uses information for the following general purposes: products and services provisioning, billing, identification and authentication, services improvement, contact, research and anonymous reporting. You should also be aware that if you submit information to âchat rooms, forums or message boards such information becomes public information, meaning that you lose any privacy rights you might have with regards to that information. Such disclosures may also increase your chances of receiving unwanted communications. For Users outside Singapore, please note that any personally-identifiable information you enter into the Website will be transferred out of your country and into Singapore. You consent to such transfer through your use of the Website. You also warrant that you have the right to transfer such information outside your country and into Singapore.

2 Service Related Announcements

Clubvivre will send you a welcome/confirmation email when you sign up for the Services. Clubvivre may use personal information to contact you to tell you about Services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to opt-out of receiving future communications. You may not opt-out of service-related communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account by emailing support@clubvivre.com from the email address you signed up with.

3. Administrative Messages

Clubvivre may periodically email you with administrative messages. If you do not wish to receive administrative messages, you may opt-out by emailing support@clubvivre.com. Please note that if you do not wish to receive administrative messages from us, those notices will still govern your use of the Site and the Services, and you are responsible for reviewing such notices for changes.

4. Address Book Data

Any external address book data (email contacts, etc.) that a User voluntarily gives Clubvivre access to will only be used for the described feature (looking up friends, etc.), and will not be stored or repurposed.

5. Security

The security of your personal information is important to us. Clubvivre takes reasonable steps to protect the personal information submitted to us via the Site, both during transmission and once Clubvivre receives it. Clubvivre limits access to personal information about you to employees who Clubvivre believes reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs. Personal information is password-protected. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, Clubvivre cannot guarantee absolute security of your personal information and you should take special care in deciding what information you send to us in this way. If you have any questions about security on the Site, you can email Clubvivre at support@clubvivre.com.

6. Exclusions

This Privacy Policy does not apply to any personal information collected by Clubvivre other than personal information collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Clubvivre through the Site or through any other means. This includes, but is not limited to, information posted to any public areas of the Site, such as comments or bulletin boards (collectively, Public Areas), any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, Unsolicited Information). All Unsolicited Information shall be deemed to be non-confidential and Clubvivre shall be free to reproduce, use, disclose, distribute and exploit such Unsolicited Information without limitation or attribution.

7. Privacy Policies of Third Parties

Except as otherwise expressly included in this Privacy Policy, this document addresses only the use and disclosure of information Clubvivre collects from you. If you disclose your information to others, whether they are Customers or Hosts on Clubvivre or throughout the internet, different rules may apply to their use or disclosure of the information you disclose to them. Clubvivre does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Clubvivre is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Site. Clubvivre encourages you to ask questions before you disclose your personal information to others.

8. Changes to this Privacy Policy

The Services may change from time to time. As a result, at times it may be necessary for Clubvivre to make changes to this Privacy Policy. We reserve the right to modify this Privacy Policy, effective upon posting of an updated version of this Privacy Policy on this page of the Site. You are responsible for reviewing the most recent version of this Privacy Policy and remaining informed about any modifications.

9. Feedback; Questions

Please contact us at support@clubvivre.com to report any violations of this Privacy Policy or to ask any questions regarding this Privacy Policy.

 

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