Terms of Use of Website and App (Upgrading.cc)

Last Revised on 14th May 2018 AGREEMENT BETWEEN CUSTOMER AND One Stop Hospitality Solutions Pte. Ltd.

This Upgrading.cc Website and Upgrading App ("Website") is owned and operated by One Stop Hospitality Solutions Pte. Ltd.. This Website is provided solely to assist customers in making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes.

The terms we, us, our and Upgrading.cc refer to One Stop Hospitality Solutions Pte. Ltd. (hereinafter "Upgrading.cc"). The term “you” refers to the customer visiting the Website and/or booking a reservation through us on this Website.

This Website is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use" or "Agreement"). Please read the Terms of Use carefully. By accessing or using this Website, booking any reservations for travel products or services on this Website, or contacting our call centre agents, you agree that the Terms of Use then in force shall apply.

If you do not agree to the Terms of Use, please do not use this Website.

Upgrading.cc may at any time change these Terms of Use and your continued use of this Website is conditioned upon acceptance of the updated Terms of Use.


USE OF THE WEBSITE

As a condition of your use of this Website, you warrant that:

  1. you are at least 18 years of age or of such legal age and are of sound mind if you are a natural person,
  2. you possess the legal authority to create a binding legal obligation for yourself if you are a natural person or for your company or organisation if you are representing a company or an organisation,
  3. you will use this Website in accordance with the Terms of Use,
  4. you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act,
  5. you will inform such other persons about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto, all information supplied by you on this Website is true, accurate, current and complete, and if you have an online account with this Website,
  6. you will safeguard your passwords and other account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

Upgrading.cc retains the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Use.


PROHIBITED ACTIVITIES

The content and information on this Website (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this Website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information, software, products, or services obtained from or through this Website.

Additionally, you agree not to:

  1. use this Website or its contents for any commercial purpose; make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  2. access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  3. violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
  4. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission;
  5. or "frame", "mirror" or otherwise incorporate any part of this Website into any other website without our prior written authorization.
  6. post or reproduce any content that is unlawful, libellous, defamatory, obscene, pornographic, indecent, lewd, sexually explicit, suggestive, harassing, threatening, violent, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers or may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party or constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law or contains spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content or viruses, spyware, Trojan horses, easter eggs or any other harmful, disruptive or destructive files or is in our sole judgment, objectionable or which damages the image or rights of Upgrading.cc, other users or third parties.

Upgrading.cc does not control, take responsibility for or assume liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Upgrading.cc liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Sites and agree to use the interactive areas at your own risk.


If your booking or account shows signs of fraud, abuse, or suspicious activity, Upgrading.cc may cancel any travel or service reservations associated with your name, email address, or account, and close any associated accounts.


HOTEL SUPPLIERS RULES AND RESTRICTIONS

Additional terms and conditions from third party suppliers will apply to your reservation and purchase of travel-related products and services that you select. Please read these additional terms and conditions carefully.

To minimize the impact to your travel plans, you are advised to purchase travel insurance to cover travel disruption. You agree to abide by the terms and conditions of purchase imposed by any third party supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the third party supplier's rules and restrictions regarding availability and use of rates, products, or services.

We reserve the right to cancel your booking if full payment is not received in a timely fashion.

Most hotel suppliers may require you to present a credit card or cash deposit upon check-into cover additional expenses during your stay. Such deposit is unrelated to any payment received by us or payable for your hotel booking.


PRIVACY POLICY

Upgrading.cc believes in protecting your privacy. Please click here to review our current Privacy Policy or go to our privacy policy section in our Website, which also governs your use of the Website, and is incorporated by reference, to understand our practices.


RESERVATION FEES FOR HOTEL UPGRADE AND LOUNGE ACCESS

You authorize Upgrading.cc to book upgrading reservations for the total reservation price which includes 10% of the total upgrading fees and 2% administrative fees as displayed on the Website.

You will make the remaining of the payment which is 90% of the total upgrading fees at the hotel. You agree that your debit or credit card will be charged by Upgrading.cc for the 10% of the total upgrading fees and 2% administrative fees.

In addition, your statement may include a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer to process the transaction.

Upgrading.cc is not associated with these additional fees and will not be held liable for any fees relating to varying exchange rates and card issuer fees.

Upgrading.cc does not provide refund for no-shows and cancellation of upgrading reservations made less than (7) days prior to the date of arrivals.

All cancellations made less than (7) days prior to the date of arrivals will not be refunded and exchangeable.

In the event if your purchased upgrade is not available immediately after you have made payment, Upgrading.cc will refund the total reservation price which includes 10% of the total upgrading fees and 2% administrative fees as displayed on the Website.

For your room upgrades, the number of guests permitted to stay in the upgraded room should correspond to your original booking. The hotels shall have the right to charge for the additional guest.

For your lounge access purchased, the number of guests permitted to the lounges should correspond to your original booking. Hotel has the right to charge for additional guest.

You may book a maximum of only 1 hotel room or lounge access upgrade per transaction.


LIABILITY DISCLAIMER

Any information, software, products and services provided or published on this Website may include inaccuracies or errors, including pricing errors. We do not guarantee the accuracy of and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel products and services displayed on this Website (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.).

In addition, Upgrading.cc expressly reserves the right to correct any pricing errors on our Website and/or reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your reservation at the correct price or we will cancel your reservation without penalty.

We make no guarantees about the availability of specific products and services. Upgrading.cc and/or its respective suppliers may make improvements and/or changes on the Website at any time.

Upgrading.cc, and/or their respective hotel suppliers make no representations about the suitability of the information, software, products and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by Upgrading.cc.

All such information, software products, and services are provided "as is" without warranty of any kind. Upgrading.cc and their respective hotel suppliers disclaim all warranties and conditions that this Website, its servers or any email sent from Upgrading.cc and/or their respective hotel suppliers are free of viruses or other harmful components.

Upgrading.cc and/or their respective hotel suppliers hereby disclaim all warranties and conditions, whether express or implied, with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, compliance with any description, title and non-infringement, including that this Website shall be free from infringement of any copyright, trademark or other intellectual property rights of third parties.

The hotel suppliers providing upgrades or other services on this Website are independent contractors and not agents or employees of Upgrading.cc.

Upgrading.cc are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such hotel suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from. Upgrading.cc are not liable for any costs, expenses, claims or damages arising out of any services to recover any of the foregoing, including without limitation relocation costs.

Without limiting the foregoing, Upgrading.cc have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays or acts of any government or authority. Force majeure events would include but is not limited to an unforeseeable act or event beyond that our reasonable control, such as war, work stoppage, fire, weather events, air carrier interruption, strikes, or acts of God as well as any embargos or similar measures taken by government but excluding economic hardship, changes in market conditions or insufficiency of funds.

IN NO EVENT SHALL UPGRADING.CC AND/OR THEIR RESPECTIVE HOTEL SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THE WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF UPGRADING.CC AND/OR THEIR RESPECTIVE HOTEL SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THE MAXIMUM LIABILITY OF UPGRADING.CC IN RELATION TO SHALL NOT EXCEED TO TOTAL FEES PAID TO UPGRADING.CC BY YOU FOR ANY PARTICULAR TRANSACTION.


INDEMNIFICATION

You agree to defend and indemnify Upgrading.cc, and/or their respective hotel suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: your breach of these Terms of Use or the documents referenced herein; your violation of any law or the rights of a third party; or your use of this Website.


LINKS TO THIRD-PARTY SITES

This Website may contain hyperlinks to websites operated by parties other than Upgrading.cc. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.


SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that any of Upgrading.cc Companies make available to download from this Website ("Software") or through your mobile application store, including Upgrading.cc mobile application (the "Mobile Application", is the copyrighted work of Upgrading.cc and/or their respective suppliers.)

Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this Website not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, non-transferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this Website and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these Terms of Use and for no other purpose.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.


CURRENCY CONVERTER

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day.

Currency rates supplied Upgrading.cc is ON AN AS-IS, WHERE-IS BASIS and Upgrading.cc Companies, and/or their respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.


PAYMENT AND FEES

In the event that your payment is taken at the time of booking, the company taking that payment and charging your payment card will be Stripe (Singapore).

Many bank and credit card companies charge their account holders a transaction fee when the card issuer and the merchant location (as defined by the card brand (e.g. Visa, MasterCard, American Express) are in different countries.

The bank or other agency processing the transaction will determine the currency exchange rate, if applicable, and any transaction fee. These fees may be applied by the card issuer as a charge to the card holder’s account. When applied by the card issuer, the fees will be listed separately from the transaction amount on a credit or debit card statement. This means the amount listed on your credit or debit card statement may be a different figure than the figure shown on the billing summary page for a reservation booked on this Website. If you have any questions about these fees or any exchange rate applied to your booking, please contact your bank.


COPYRIGHT AND TRADEMARK NOTICES

Unless otherwise indicated, the Websites and all content and other materials therein, including, without limitation, the Upgrading.cc trade mark and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Upgrading.cc and are protected by Singapore and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Website and the Site Materials for personal and informational purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the Website or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Site Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Site Materials other than for its intended purpose. Any use of the Website or Site Materials other than as specifically authorized herein, without the prior written permission of Upgrading.cc, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

Upgrading.cc, Upgrading.cc, logo are either registered trademarks or trademarks of Upgrading.cc in Singapore and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners.

Upgrading.cc is not responsible for content on websites operated by parties other than the sites owned and operated by Upgrading.cc. If you are aware of an infringement of our brand, please let us know by emailing us at customers@upgrading.cc We only address messages concerning brand infringement at this email address.

Upgrading.cc is not responsible for content on websites operated by parties other than the websites owned and operated by Upgrading.cc.


ACCOUNT TERMINATION

In accordance with such applicable laws , its related subsidiary legislation and other applicable laws, Upgrading.cc has adopted a policy of terminating, in appropriate circumstances and at Upgrading.cc's sole discretion, subscribers or account holders who are deemed to be repeat infringers.

Upgrading.cc may also, at its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.


NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us (email or regular mail) a written notice that includes the following information.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. The making of any false statements in your notice may constitute an offence under such applicable laws and may expose you to liability for damages.

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing on the Website, including the online location of that material, such as a link to the infringing material, or identification of the means by which we are alleged to have referred or linked a user to that infringing material.
  3. Your name, address, email address and telephone number.
  4. If you are acting on behalf of a copyright owner or exclusive licensee, the name and address of that copyright owner or exclusive licensee.
  5. A statement that you are, or are authorized to act on behalf of, the owner or exclusive licensee of the copyright in the work identified above.
  6. A statement that you have a good faith belief that the material that is claimed as infringing copyright is not authorized by the copyright owner, its agent, or the law, and is an infringing copy of the copyright work identified above.
  7. A statement that you wish us to remove or disable access to the infringing material.
  8. A statement that the information in the notification is accurate.
  9. A statement that you submit to the jurisdiction of the courts in Singapore for the purposes of any proceedings relating to the submission and content of the notification.
  10. Your signature.

If you believe any of your materials that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the advertisement or materials, you may send a counter-notice containing the following information to us:

  1. your full name, address, telephone number, and email address;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. A statement that you consent to the jurisdiction of the Singapore courts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by us, we may send a copy of the counter-notice to the original complainant informing that we will replace the removed content or cease disabling it in 10 business days unless an action is filed in court against you the content provider. If no action is filed by the original complainant in court, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice.

Notices and Counter-Notices with respect to this Website should be sent to us at the following address, or email address:

One Stop Hospitality Solutions Pte. Ltd.
Address: 71 AYER RAJAH CRESCENT #06-01/02 and # 04-23/24/25/26.
SINGAPORE 139951.
Email: partners@upgrading.cc
Attn: Head of Legal COUNTER NOTICES


PATENT NOTICES

One or more patents owned by Upgrading.cc may apply to the Website and to the features and services accessible via the Website. Portions of this Website operate under the license of one or more patents.


GENERAL

Your use of mapping available on this Website is governed by the Google Terms of Use and Microsoft Terms of Use and Google Privacy Statement and Microsoft Privacy Statement. Google and Microsoft reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://www.microsoft.com/maps/assets/docs/terms.aspx
http://www.google.com/privacy/privacy-policy.html
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html
http://maps.google.com/help/legalnotices_maps.html
http://maps.google.com/help/terms_maps.html

This Agreement is governed by the laws of Singapore.

You hereby consent to the exclusive jurisdiction and venue of courts in Singapore, in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. You agree that no joint venture, partnership, or employment relationship exists between you and Upgrading.cc as a result of the Agreement or use of this Website.

Any dispute arising out of this Agreement shall be finally resolved by arbitration in Singapore in the English language in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force which rules are deemed to be incorporated by reference into this clause. The arbitral tribunal shall consist of one (1) arbitrator to be agreed upon between the parties. Either party may propose to the other the name or names of one or more persons, one of whom would serve as the arbitrator. If no agreement is reached within thirty (30) days after receipt by one party of such a proposal from the other, the arbitrator shall be appointed by the Chairman of the SIAC.

Our performance of the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this Website or information provided to or gathered by us with respect to such use. To the extent allowed by applicable law, you agree that you will bring any claim or cause of action arising from or relating to your access or use of this Website within one (1) years from the date on which such claim or action arose or accrued or such claim or cause of action will be irrevocably waived.

If any part of the Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of the Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

The Agreement (and any other terms and conditions or policies referenced herein) constitutes the entire agreement between you and Upgrading.cc with respect to this Website, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned on this Website are not intended to represent any real individual, company, product, or event. You may not assign, convey, or delegate your rights, duties or obligations hereunder.

Other than the customer and Upgrading.cc, no other person has any rights under the Contracts (Rights of Third Parties) Act (Cap 53B ) to enforce any term of the Agreement, however, the Upgrading.cc Companies shall be entitled to enforce the disclaimers and limitations of liability set out in the Agreement. Any rights not expressly granted herein are reserved.

One Stop Hospitality Solutions Pte. Ltd.
(Company Registration Number: 201633161K) 71 AYER RAJAH CRESCENT #06-01/02. Singapore 139951.

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