Dated 5 December 2016
- Creating an Account on the Platform.
YOU MAY ONLY CREATE AND HOLD ONE (1) ACCOUNT ON THE PLATFORM, THAT YOU ARE SOLELY RESPONSIBLE FOR MANAGING. In particular, you may not create multiple accounts using different email addresses or mobile telephone numbers, where you are the beneficiary of those accounts. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these terms, we may terminate your account and, without limitation, you may forfeit any amount credited or due to be credited to you under or in respect of your account. If we terminate your account, you may not re-enrol or join under a new account unless we formally approve this (including re-enrolling or joining with a different email address, different mobile telephone number or under a different name).
If you commit fraud or falsify information in connection with your use of the Platform or in connection with your Page Advisor account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue any action which is available to us (including the use of any available legal remedies) and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Platform.
- Services and Agreed Price; Contractual relationships
YOU ACKNOWLEDGE THAT PAGE ADVISOR DOES NOT ITSELF PROVIDE ANY OF THE SERVICES OR FUNCTION AS AN AGENT OR FIDUCIARY OF ANY MERCHANT. WHILE PAGE ADVISOR PROVIDES THE PLATFORM WHICH ENABLES END-USERS TO ENGAGE MERCHANTS TO PERFORM SERVICES AND WHILE PAYMENT FOR THE CONDUCT OF SERVICES BY MERCHANTS IS MADE THROUGH PAGE ADVISOR AS INTERMEDIARY, YOUR USE OF THE PLATFORM CONSTITUTES YOUR EXPRESS AGREEMENT THAT PAGE ADVISOR HAS NO RESPONSIBILITY OR LIABILITY TO YOU FOR ANY PERSONAL INJURY, DAMAGE, LOSS OR COST WHICH IS RELATED TO OR WHICH ARISES FROM THE PERFORMANCE OF ANY SERVICE BY ANY MERCHANT.
WHILE PAGE ADVISOR UNDERTAKES A VERIFICATION PROCESS WITH MERCHANTS, WE DO NOT GUARANTEE THE SUITABILITY, SAFETY OR ABILITY OF MERCHANTS TO PROPERLY CONDUCT THE SERVICES THEY PURPORT TO BE ABLE TO CONDUCT. IT IS SOLELY YOUR RESPONSIBILITY TO DETERMINE IF A MERCHANT WILL MEET YOUR NEEDS AND EXPECTATIONS. BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO SITUATIONS INVOLVING MERCHANTS THAT ARE POTENTIALLY UNSAFE, OFFENSIVE, HARMFUL TO MINORS, OR OTHERWISE OBJECTIONABLE AND THAT USE OF MERCHANTS ARRANGED OR SCHEDULED USING THE PLATFORM IS AT YOUR OWN RISK AND JUDGMENT. PAGE ADVISOR SHALL NOT HAVE ANY LIABILITY ARISING FROM OR IN ANY WAY RELATED TO YOUR TRANSACTIONS OR RELATIONSHIP WITH MERCHANTS.
YOU ALSO ACKNOWLEDGE THAT THE PROCESSING OF A PAYMENT AND BY US AND/OR THE ACKNOWLEDGEMENT OF AN ORDER FOR A SERVICE BY US DOES NOT CONSTITUTE A LEGALLY BINDING CONTRACT. A LEGALLY BINDING CONTRACT BETWEEN YOU AND US COMES INTO EXISTENCE ONLY UPON THE COMPLETION OF A SERVICE REQUESTED BY YOU.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE TO USE THE PLATFORM AND NOT PROCEED WITH ANY TRANSACTION (INCLUDING ENGAGING ANY MERCHANT TO PERFORM ANY SERVICE) THROUGH THE PLATFORM.
- Permitted Use Policy
The Platform provides an online service booking service operated by Page Advisor which includes an e-commerce transaction (which may incorporate Page Advisor’s proprietary bidding technology), an appointment booking service and promotion and marketing services for Merchants. As a condition of your use of the Platform, you agree that:
- you are an individual and are at least 18 years of age;
- you have the authority and capacity to enter into a binding legal obligation;
- if you elect to create an account on the Platform:
- you may create only one account for your personal use and, in particular, you may not create multiple accounts intended for use by the same person, utilising different email addresses and/or different telephone numbers;
- you may only make legitimate purchases for Services that comply with the letter and spirit of the terms of the respective offers by Merchants (for example, if a Service is advertised as being for “first time users only”, you may not attempt to create multiple accounts for yourself to benefit from such Services if you have already obtained a Service through the Platform); and
- you must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it;
- you represent that you are the authorised owner and signatory of any PayPal and/or other payment facilitation service and/or credit or debit card provided to us to pay the Agreed Price (as defined below);
- you represent that you have the right to provide any and all information you submit to the Platform, that the information is only about yourself, and that all such information is accurate, true, current and complete;
- you are aware that calls to Page Advisor’s concierge service and live chat logs are recorded for training, quality and archival purposes and may be used as evidence in any dispute with you.
- Availability of the Platform
- You acknowledge and accept that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Platform accessible, the Platform may be unavailable from time to time for any reason including, without limitation, routine maintenance or upgrading. You understand and acknowledge that due to circumstances both within and outside of our control, access to the Platform may be interrupted, suspended or terminated at any time, without prior notice to you. We retain the right, at our sole discretion, to deny service or access to the Platform to anyone or any account, at any time and for any reason as we may in our discretion deem to be appropriate.
- We reserve complete and sole discretion with respect to the operation of Platform. This means that we may, amongst other things:
- delete any email or private message if it has not been accessed by an End-User within the time established by our policies in force from time to time;
- make available to third parties information relating to the Platform and End-Users;
- withdraw, suspend or discontinue any functionality or feature of Platform;
- review forums, user comments and chats and authorise restrictions or prohibitions on access thereto; and
- suspend or terminate your account on the Platform if we in our sole discretion determine this to be appropriate.
- Ownership of the Platform
- Transmission of Information
Because we do not control the security of the Internet or other networks you use to access the Platform or communicate with us, we can’t be, and are not responsible for, the security of information that you choose to communicate with Page Advisor and the Platform while it is being transmitted. In addition, Page Advisor is not responsible for any data lost during transmission.
- Your Conduct on the Platform
- attempting to create multiple Page Advisor accounts which are intended to be used by the same person;
- submitting any purposely inaccurate information, committing fraud or falsifying information in connection with your Page Advisor account;
- attempting to, or actually accessing data not intended for you, such as logging into a server, module or an account which you are not authorised to access or which is not meant for you to access;
- attempting to scan, or test the security or configuration of the Platform or to breach security or authentication measures without proper authorisation;
- tampering or interfering with the proper functioning of any part, page or area of the Platform and any and all functions and services provided by Page Advisor;
- attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to the Platform, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Platform;
- disseminating or transmitting material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
- disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trade mark, patent, trade secret or other intellectual property right of any person;
- using the Platform or any of its contents to advertise or solicit, for any other commercial, social, political or religious purpose, or to compete, directly or indirectly with Page Advisor;
- reselling or repurposing your access to the Platform or any purchases made through the Platform;
- using the Platform or any of its resources to solicit End-Users, Merchants or other business partners of Page Advisor to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Page Advisor, including without limitation, aggregating current or previously offered service offerings;
- using any End-User or Merchant information from the Platform for any commercial purpose, including, but not limited to, marketing;
- submitting false or fraudulent claims under the Guarantee and/or Warranty;
- accessing, monitoring or copying any content or information from the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violating the restrictions in any robot exclusion headers on the Platform or bypassing or circumventing other measures employed to prevent or limit access to the Platform;
- taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
- aggregating any live or post-feature content or other information from the Platform (whether using links or other technical means or physical records associated with purchases made through the Platform) with material from other sites or on a secondary site without our express written permission.
- deep-linking to any portion of the Platform without our express written permission;
- acting illegally or maliciously against the business interests or reputation of Page Advisor, any Merchant, any End-User, any Services or the services provided through the Platform (including posting reviews which are, in our sole discretion, purposefully malicious, frivolous and/or baseless);
- hyperlinking to the Platform from any other website without our initial and ongoing consent; or
- Information on the Platform
We do not control information provided or posted by End-Users and Merchants. You may find other End-Users’ and Merchants’ information to be inaccurate, harmful or offensive. By using the Services you assume all of the risks associated with the use of the Platform and the Merchants and you agree to accept such risks and agree that Page Advisor is not responsible for the acts or omissions of any End-User or Merchant. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Platform, including any material, comments or reviews which we consider in our sole discretion to be harmful, offensive, deceptive and/or unlawful.
- Terms of Sale
- Charging Policy
We may charge a user’s credit/debit card, PayPal account or other payment processing method for confirmed bookings of Services purchased through the Platform immediately upon an End-User’s acceptance of a Merchant’s offer for the performance of a particular Service. The amount charged will be equal to the Agreed Price. However, a legally binding contract does not come into existence between an End-User and Page Advisor until the Service which is requested is completed.
- Cancellation and Refund Policy
- The various Services offered through the Platform have their own cancellation policies (“Service Cancellation Policy“). If you wish to cancel a confirmed appointment for a Service (a “Confirmed Appointment“), you must do so either by calling Page Advisor’s concierge, using the appointment cancellation feature on the Platform or by emailing Page Advisor at email@example.com by not later than the time specified in the relevant Service Cancellation Policy (the “Cancellation Cut-Off Time“). You understand and agree that should you cancel a Confirmed Appointment after the Cancellation Cut-Off Time, your credit/debit card, PayPal or other payment provider account may already have been charged for the full Agreed Price, and that any refund will be made only in accordance with the applicable Service Cancellation Policy (and in that situation neither the Guarantee nor the Warranty shall apply).
- If the Merchant cancels a Confirmed Appointment and credit card or PayPal account has already been charged for the Agreed Price, a full refund of the Agreed Price will be made to you in the original form of payment.
- More generally, if we or a Merchant agrees that a partial or full refund if any Agreed Price is to be made to you, such refund will also be made to you in the original form of payment. We process refunds promptly at Page Advisor, but your credit card company or bank (and our payment processor) will typically require additional time to process refunds after receiving authorisation from us. The time required for a refund to be reflected in your credit card account is not within our control, and may vary depending on your credit card company or bank.
- Limitation of Liability
- The Merchant specified as the provider of the relevant Service an End-User has contracted for (or may contract for) is (i) solely responsible for performing the relevant Service; (ii) fully responsible for all Services it provides to End-Users, and (iii) liable for all personal injury, damage, loss or cost arising out of the goods provided or Services conducted.
- Page Advisor is not responsible for (i) any price adjustments made by a Merchant related to a Service or appointment time (although these must be agreed between the relevant Merchant and End-User through the Platform), or (ii) any claims for injuries, illnesses, damages, liabilities and costs (“Liabilities“) that any Merchant or End-User may suffer, directly or indirectly, in full or in part, whether related to the performance of any of the Services (or non-performance of any of any Services which have been agreed to have been performed) or otherwise.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAGE ADVISOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO THE PLATFORM OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY PERSON; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, INAPPROPRIATE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION IN WHICH YOU ARE LOCATED OR IN WHICH YOU ARE ACCESSING THE PLATFORM.
- Merchant Guarantee Programme; Warranty
- Merchant Guarantee Programme
THE PROVISIONS OF THIS CLAUSE 10.1 WILL APPLY ONLY IF THE RELEVANT MERCHANT HAS ELECTED TO PARTICIPATE IN PAGE ADVISOR’S MERCHANT GUARANTEE PROGRAMME.
- Certain Merchants have agreed to back the Services they provide with a “100% money back guarantee” (the “Guarantee“) through Page Advisor’s Merchant Guarantee Programme. The Merchants who offer Guarantees for the Services they provide will have a badge or seal indicating this on their profile pages on the Platform. THE GUARANTEE WILL NOT APPLY TO ANY SERVICE BY A MERCHANT WHO DOES NOT HAVE SUCH A BADGE OR SEAL ON THAT MERCHANT’S PROFILE PAGE OR NEXT TO THEIR NAME ON THE PLATFORM. The Guarantee only applies where a Service has been completed, and does not apply where an End-User has missed a scheduled Service appointment.
- The Guarantee is valid for a period of two calendar days from the completion of the relevant Service (the “Guarantee Period“), and may be invoked either through the Platform, by telephone to Page Advisor’s concierge, or by email to firstname.lastname@example.org.
- If you are an End-User and you invoke the Guarantee during the Guarantee Period, we shall notify the relevant Merchant, and the Merchant will, within two calendar days of being notified by us, provide us with details of the Service in question.
- We will, in our sole discretion, determine whether your claim under the Guarantee is reasonable (whether wholly or partially) and in the event that we determine that your claim under the Guarantee is reasonable, the Merchant shall be provided with the option to either:
- undertake rectification works to your satisfaction (on up to a maximum of two further occasions and at no additional cost to you); or
- provide you with a full refund of the Agreed Price,
unless we determine in our sole discretion that, in the case of a particular claim under the Guarantee, the Agreed Price should be refunded to you.
- In the event that the Merchant elects to undertake rectification works as provided for in sub-paragraph (d)(i) above but an End-User is ultimately dissatisfied with the Services (notwithstanding two rectification attempts by the Merchant), the Agreed Price shall be returned to the End-User, either in full or in such part as we determine in our sole discretion to be reasonable in the circumstances.
- Notwithstanding that we may consider a claim under the Guarantee to be without merit, we may, in our sole discretion, choose to honour the Guarantee. However, the conduct of the relevant End-User will be noted and we may choose to terminate the relevant End-User’s right to continue accessing the Platform or maintain an account through the Platform. We may also notify potential Merchants seeking to respond to a request for Services from that End-User that such End-User has previously submitted a Guarantee claim which we have determined to be without basis.
- We reserve the right to modify, suspend or terminate any Guarantee, in whole or in part, at any time for claims which we deem (in our sole discretion) to be without merit, frivolous or vexatious.
- If you have had a Service performed by a Merchant which involves an item or thing which has required servicing, maintenance or repair, the Merchant responsible for the provision of such Service has warranted to us (the “Warranty“) that, following the latest to occur of:
- the expiry of the Guarantee Period (if the Merchant has provided a Guarantee);
- the completion of rectification works under the Guarantee (if the Merchant has provided a Guarantee); and
- the date that the Service is completed (if the Merchant has not provided a Guarantee),
the relevant items serviced or repaired shall be in good serviceable and working order for a further period commencing from the relevant date set out in sub-paragraphs (i) to (iii) above until the date specified on the Platform (the “Warranty Period“), unless caused by some other defect not existing at the time the relevant Service was performed. The Warranty will not apply to a Service which benefits from a Guarantee, where a claim has been made under the Guarantee and the Agreed Price has been returned to the End-User, whether in whole or in part.
THE WARRANTY PERIOD FOR EACH CATEGORY OF SERVICE DIFFERS ACCORDING TO THE TYPE OF SERVICE PROVIDED, AND IS SET OUT ON THE PLATFORM. THE CANCELLATION POLICY FOR EACH TYPE OF SERVICE WILL ALSO INDICATE WHETHER THE WARRANTY APPLIES TO THAT CATEGORY OF SERVICE.
- You must let us know promptly (and in any case within the Warranty Period) by telephone to Page Advisor’s concierge or email to email@example.com if you wish to make a claim under the Warranty, following which we will notify the Merchant of this, and the Merchant will promptly carry out rectification works to ensure that the relevant item is returned to good working order.
- It is possible that, in respect of a Merchant who has provided a Guarantee, that the Warranty Period may start to run (or may conclude) prior to the Merchant completing rectification works under the Guarantee. In that situation, the End-User’s recourse will be under the Guarantee rather than under the Warranty.
- Loyalty and Reward Programmes
We may offer loyalty and reward programmes to End-Users and/or Merchants from time to time.
- Referral Programme
- Page Advisor’s referral programme is a loyalty programme which entitles End-Users to earn credits to their accounts with the Platform, by referring others to use the Platform.
- Each End-User (“Referer“) will be given a personal code (“Sign-Up Code“) which he/she can forward to others (“Referees“) to encourage Referees to engage a Merchant through the Platform. If the Referee successfully downloads Page Advisor’s mobile app, registers for an account on the Platform with the Sign-Up Code provided by the Referer, and thereafter engages a Merchant, the Referee will be awarded a credit (“Credit“) to his/her account on the Platform which can be used as partial payment for any Agreed Price for the first Service engaged by the Referee through the Platform, using the “REQUEST QUOTATION” module of the app.
- The Referer will, upon the successful completion of the first Service obtained by the Referee through the “REQUEST QUOTATION” (custom job request) module of the Platform (and after the expiry of any applicable Guarantee Period or the Warranty Period), also be awarded a credit to his/her account on the Platform (also a “Credit“), which can be applied towards the full or partial payment of the Agreed Price for future Services. No Credit will be awarded for jobs obtained through the “PACKAGES” module of the Platform.
- IF A CREDIT IS UTILISED BY A REFERER OR REFEREE TO PAY THE AGREED PRICE FOR ANY OF SERVICES CONTRACTED THROUGH THE PLATFORM, THE AMOUNT OF THAT CREDIT CAN NOT BE MONETISED OR REFUNDED IN CASH SHOULD THE REFERER OR (AS THE CASE MAY BE) REFEREE INVOKE A GUARANTEE IN RESPECT OF THE SERVICE WHICH WAS PAID FOR WITH THE CREDIT.
- The amount of the Credit payable to Referers and Referees is as follows:
- for the Referee:
- where the Referee obtains his/her first Service through the “REQUEST QUOTATION” module of the Platform in Singapore: S$10 (ten Singapore Dollars); and
- where the Referee obtains his/her first Service through the “REQUEST QUOTATION” module of the Platform in Malaysia: RM20 (twenty Malaysian Ringgit); and
- for the Referer:
- where the Referer has a service address in Singapore: S$10 (ten Singapore Dollars) for each new Referee who successfully obtains a Service through the “REQUEST QUOTATION” module of the Platform UP TO A MAXIMUM AGGREGATE CREDIT OF S$1,000 (one thousand Singapore Dollars); and
- where the Referer has a service address in Malaysia: RM20 (twenty Malaysian Ringgit) for each new Referee who successfully obtains a Service through the “REQUEST QUOTATION” module of the Platform UP TO A MAXIMUM AGGREGATE CREDIT OF RM2,000 (two thousand Malaysian Ringgit).
- Each person may be a Referee (and earn Credits as a Referee) only once, but may earn Credits as a Referer up to the maximum aggregate amounts stated above.
- If the Referee and the Referer are in different countries, the Referer will earn Credits based on the service address reflected in his/her account on the Platform, at the time the relevant Referee has a Service performed through the Platform.
- Any Credits earned under this Clause will expire after one year from the date they were awarded.
- For the avoidance of doubt, Credits earned in one currency may only be used in the country which uses that currency for the transaction of business.
- General Terms for all Loyalty or Reward Programmes
Any (or all) loyalty or reward programmes instituted by Page Advisor may be reviewed or discontinued by us at any time, with or without prior notice to End-Users and/or Merchants. However, to the extent that a Loyalty or Reward Programme involves the award of Credits to an End-User’s account on the Platform, any such Credits already earned will not be affected or removed, although they will expire in accordance with Clause 21.1 above.
- Links to Third Party Sites
We don’t have control over websites that Page Advisor may link to. Page Advisor may contain links to third party websites that are not owned, operated, or controlled by Page Advisor. Therefore, we cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own them. Additionally, we cannot and will not censor or edit the content of any third party site. By using Page Advisor you expressly relieve us from any and all liability arising from your use of any third party website.
- Intellectual Property
- Everything located on or in the Platform is the exclusive property of Page Advisor or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of the Platform or microsites within the Platform without our express written permission is prohibited. Any violation of this requirement may result in a copyright, trade mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
- The Platform and any microsite within the Platform contains copyrighted material, trade marks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Platform are protected by copyright. Page Advisor owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Page Advisor or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trade mark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
- The mark “Page Advisor” is a trade mark of The Page Advisor Group (meaning Page Advisor Holdings Pte. Ltd., Page Advisor LLC, Page Advisor Pte. Ltd., Page Advisor Sdn. Bhd., PT Page Advisor Indonesia and their respective affiliated and associated companies). It, together with other trade marks that are located within or on the Platform otherwise owned or operated in conjunction with Page Advisor shall not be deemed to be in the public domain but rather the exclusive property of Page Advisor, unless such mark or site is under licence from the trade mark owner thereof, in which case such license is for the exclusive benefit and use of Page Advisor unless otherwise stated.
- You will not upload, post or otherwise make available on the Platform any material protected by copyright, trade mark or other proprietary right without the express permission of the owner of the copyright, trade mark or other proprietary right. Page Advisor does not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trade marked. You will be solely liable for any damage resulting from any infringement of copyrights, trade marks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Platform, you warrant that the owner of such material has expressly granted Page Advisor a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other End-Users to access, view, store or reproduce the material for that End-User’s personal use. You also grant Page Advisor the right to edit, copy, publish and distribute any material that you make available on the Platform.
- Copyright Policy
Page Advisor reserves the right to terminate its agreement with you or any other user of the Platform who infringes third-party copyright. If you believe that any material has been posted on or through the Platform by any person in a way that constitutes copyright infringement, you shall provide Page Advisor with the following information:
- an electronic or physical signature of the person authorised to act on behalf of the owner of the copyrighted work;
- an identification of the copyrighted work and the location on the Platform of the allegedly infringing work;
- a written statement that you have a good faith belief that the disputed use is not authorised by the owner, its agent, or the law;
- your name and contact information, including telephone number and e-mail address; and
- a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
Contact information for Page Advisor’s claims of copyright infringement is: firstname.lastname@example.org.
IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ AGREED PRICE.
Please note that this procedure is exclusively for notifying Page Advisor and its affiliates that your copyrighted material has been infringed.
Page Advisor has adopted a policy of terminating, in appropriate circumstances, users of the Platform who are deemed to be repeat infringers. Page Advisor may also at its sole discretion limit access to the Platform and/or terminate the accounts of any user of the Platform who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
- Disclaimer of Warranty
- You expressly agree that use of the Platform is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE SERVICES PROVIDED ON AND THROUGH THE PLATFORM ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither Page Advisor, its subsidiaries, affiliates or any of their respective staff members, agents, merchants, third-party content providers or licensors, or any of their officers, directors, staff members or agents, warrant that use of the Platform will be uninterrupted or error free; nor do they make any warranty as to (a) the results that may be obtained from use of the Platform, or (b) the accuracy, reliability or content of any information or any Service provided or contract through this site. The Platform is made accessible on an “as is” and “as available” basis. Page Advisor hereby disclaims any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose.
PAGE ADVISOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A NON-MERCHANT THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND PAGE ADVISOR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND NON-MERCHANT THIRD-PARTY PROVIDERS OF SERVICES.
- The information presented or contained in the Platform is presented for informational purposes only. No information, whether oral or written, obtained by an End-User from a Merchant, or by a Merchant from an End-User, or in relation to any Service will create any warranty not expressly stated in this agreement.
- Each End-User hereby agrees and understands that:
- Page Advisor does not provide, or offer to provide, negotiate or attempt to negotiate, the provision of any Service, and the provision and offer to provide Services is undertaken solely by Merchants;
- information about a particular Service is provided directly by the relevant Merchant and not by Page Advisor; Page Advisor does not engage in reviewing information relating to a Service or potential Service provided by a Merchant in any manner;
- the decision to purchase a Service is entirely in the End-User’s discretion and Page Advisor does not induce or attempt to induce any End-User to purchase any Service;
- the price proposed by Merchant to an End-User for the provision of any Service may exclude any applicable goods and services, value added or other consumption tax, but the Agreed Price will include any and all applicable taxes and other charges; and
- other than pursuant to the Guarantee and the Warranty, Page Advisor does not guarantee any price or Service offered by a merchant.
- Page Advisor makes no representations that the Platform is appropriate or available for use in jurisdictions other than the locations in which the Services are offered. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
- Dispute Resolution
- Malaysia-incorporated, established or domiciled users of the Platform
- This Clause 1 applies to you if you are incorporated, established or domiciled in Malaysia.
- If the mediation referred to in paragraph (b) above fails as determined by the Kuala Lumpur Regional Centre for Arbitration, a Dispute shall be referred to and finally resolved by arbitration in Kuala Lumpur in accordance with the Arbitration Rules of the Kuala Lumpur Regional Centre for Arbitration (“KLRCA Arbitration Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The arbitral tribunal shall consist of one arbitrator to be appointed by the Chairman of the KLRCA. The language of the arbitration shall be English.
- Other users of the Platform
- This Clause 2 applies to you if you are incorporated, established or domiciled other than in Malaysia.
- If the mediation referred to in paragraph (b) above fails as determined by the Singapore Mediation Centre, a Dispute shall be referred to and finally resolved by arbitration in Singapore 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 in this Clause. The arbitral tribunal shall consist of one arbitrator to be appointed by the Chairman of the SIAC. The language of the arbitration shall be English.
- Choice of law for dispute resolution provisions
- Clause 1 is governed by and shall be construed in accordance with, Malaysian law.
- Clause 2 is governed by and shall be construed in accordance with, Singapore law.
- End-User Communications
- Public Nature of Your Statements
You may choose to or we may invite you to submit comments or ideas about any Services received by you or relating to the Platform, including without limitation about how to improve the Services you received or the Platform (“Ideas“). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Page Advisor under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Page Advisor does not waive any rights to use similar or related ideas previously known to Page Advisor, or developed by its staff members, or obtained from sources other than you.
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- Choice of Law
- Miscellaneous Provisions
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