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END USER LICENSE AGREEMENT

Last Updated: 28 January 2018

This End User License Agreement (the "EULA") is a legal agreement between you and Best Deals Asia (“We”, “Us”, “Our”), and governs your use of the Best Deals Asia app.

 

Please read this EULA carefully before downloading or using the App. By downloading or using the App, you, whether as a visitor, Guest, Host or Member ("you" or "user") acknowledge that you have read, understood and agree to comply with and be legally bound by this EULA.

 

Please note that we may change, modify, or add to this EULA at any time without prior notice. By continuing to use the App after such changes, you agree and consent to the changes.

 

IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APP.

 

 

1.               THE SERVICES

 

1.1.         BestDealsAsia.com is an online platform consisting of the App (www.BestDealsAsia.com), applications for mobile, tablet and other smart devices, and application program interfaces (collectively, the “App” or “Application”) that connects service providers (“Hosts”) who offer different types of rentals and lodging (“Accommodation”), with Guests wanting to make a Reservation or Booking of accommodation (collectively the “Services”).

 

 

2.               YOUR ACCOUNT

 

2.1.         In order to book or list Accommodation, you must register to create a BDA Account (the “Account”) and become a Member.

2.2.         You must be at least eighteen (18) years of age to create an Account.

2.3.         You may not have more than one (1) active Account.

2.4.         Your Account and your Account profile page will be created using the personal information you provide to us or that we obtain via a Social Networking Site (“SNS”) as described below.

2.5.         You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

2.6.         You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.

2.7.         You agree that you will take sole responsibility for any activities or actions by you or others, be they authorised or unauthorised by you. You will immediately notify BDA of any unauthorised use of your Account by contacting us at support@BestDealsAsia.com

 

 

3.               ACCOUNT REGISTRATION

 

3.1.         You may register directly via the App or Application.

3.2.         You may also register by logging into your account with certain third-party social networking sites (SNS) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our App or Application.

3.3.         You may link your Account with Third-Party Accounts, by either: (a) providing your Third-Party Account login information to BDA through the Website, Services or Application; or (b) allowing BDA to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

3.4.         You represent that you are entitled to disclose your Third-Party Account login information to BDA and grant BDA access to your Third-Party Account (including, but not limited to, use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating BDA to pay any fees or making BDA subject to any usage limitations imposed by such third-party service providers.

3.5.         By allowing BDA access to any Third-Party Accounts, you acknowledge that BDA will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Website, Services and Application via your Account and Account profile page.

3.6.         Unless otherwise specified in this EULA, all SNS Content, if any, will be considered to be Member Content for all purposes of this EULA. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Account on the Website, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or BDA’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Website, Services and Application.

3.7.         You can disable the connection between your Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Website and Application.

3.8.         BDA makes no effort to review any SNS Content for any purpose (other than ID verification), including but not limited to for accuracy, legality or non-infringement and BDA is not responsible for any SNS Content.

3.9.         NOTE: Your relationship with the Third-Party Service Provider in connection with your Third-Party accounts is governed completely by your agreements with each Third-Party Service Provider.

3.10.         If you use the App for or on behalf of a third-party ("Third-party"), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions.

 

 

4.               BOOKINGS AND RESERVATIONS

 

4.1.         The Website and Application allows Hosts to create listings with Accommodation that Guests can reserve or book. Guests may also view listings as an unregistered visitor to the Website or Application. Hosts and Guests must check the accommodation details thoroughly before listing or booking an Accommodation.

4.2.         If the reservation or booking is successful, we will provide a booking confirmation via email.

4.3.         We have the right to refuse any booking or cancel any booking confirmation made by any user at our sole discretion and for any cause without giving reasons for the refusal or cancellation. These reasons may include but are not limited to: breach of this EULA, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, services not being available or no longer being made available by the Host, user providing inaccurate, erroneous or misleading information, problems with credit card, electronic communications, information or transactions, inappropriate behaviour, threats, insults, refusal to provide information, communication difficulties or breakdowns, a Real Error (described below), history of breaches of this EULA, or being placed on any “blacklists” or “watch lists” by governments or international organisations.

4.4.         In case the booking is rejected or cancelled by BDA and payment has been made, we shall reimburse the amount already charged without further charges.

4.5.         We reserve the right at our sole discretion to delete or remove membership of any user either temporarily or permanently. Removed Users are prohibited from attempting to use the App in any other name or through other users.

4.6.         In certain cases, we may cancel or refuse reservations with respect to the "Real Error", which does not depend on where the error originated. A Real Error is a fault on the App (for example, in terms of price) which no reasonable person would consider appropriate or make business sense. The amount charged shall be reimbursed without further charges.

 

 

5.               SCOPE OF SERVICE

 

5.1.         You acknowledge and agree that BDA is neither a party to any agreements entered between Guests and Hosts, nor can BDA be held responsible for the conduct of Guests and Hosts or any user of this App.

5.2.         BDA is not an owner, operator or provider of properties, including, but not limited to, houses, apartments, villas, rooms other lodgings or accommodations. BDA does not sell, resell, rent, re-rent, manage or control properties, transportation or travel services. BDA’s responsibilities are limited to facilitating the availability of the Website, Application and Services.

5.3.         BDA does not and cannot control the content contained in any listing, nor the condition, legality or suitability of any accommodation. All bookings made through the App will be made at the member’s own risk. BDA is not responsible for any claims and all liability related to any and all listings and accommodation.

5.4.         If you are a Host, you acknowledge and agree that you are creating the listing on the App as an independent third party; that BDA does not control and has no right to control your listing. You, as the Host, at all times act exclusively on your own behalf and independently from BDA; and that all information, images or content shall be a true and correct representation of the listing you have created.

 

 

6.              FINANCIAL AND BOOKING DEFINITION

 

6.1.         “Accommodation Fees” means the amounts that are payable by a Guest in exchange for their stay in any Accommodation. The Host alone is solely responsible for setting pricing of Accommodation Fees for his or her Listing. The Host may include additional amounts such as a cleaning fee or any other fee permitted on the BDA platform. The Host may also include Taxes that the Host determines that he or she must collect. All Accommodation Fees must be must be detailed and shown on the booking request and confirmation forms. Additional fees cannot be charged after check-in, unless agreed upon by both Host and Guest at the time of booking.

6.2.         “Guest Service Fees” means the fee that BDA charges a Guest for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees. The Guest Fees are included in the nightly price and total booking amount and will be displayed to the Guest during the Deal and Booking request stages.

6.3.         “Host Service Fees” means the fee that BDA charges a Host for the use of the Services, which is calculated as a percentage of the applicable Accommodation Fees.

6.4.         “Total Service Fees” means collectively the Accommodation Fees and the Guest Fees plus any Taxes.

6.5.         “Payment Method” means a payment method that you have added to your Account, such as a credit card or PayPal.

 

 

7.               TAXES

 

7.1.         The Host must make himself or herself fully aware of any tax implications relating to their listing and any incomes he or she derives from such listing pursuant to all local, state or country regulations. The Host shall remain solely responsible for remitting any taxes that may be due on their income.

7.2.         BDA is not responsible for advising or collecting any taxes, unless BDA has entered an agreement with said jurisdiction.

 

 

8.               SPECIAL REQUESTS

 

8.1.         In the event of any special requests (for example: rental to be easily accessible by wheelchair, wheelchair assistance at the time of delivery of the ticket, change of name, change of date), the user can insert the request when making a booking on the App or contact the host directly (as applicable). The request will be addressed at the Host’s discretion, based on availability and other factors. Any and all special requests noted on the booking confirmation will form part of the EULA for that booking.

 

 

9.               TRAVEL ADVICE

 

9.1.         You are personally responsible for the selection of travel, travel route and destination, for the entire duration of your trip. BDA is not responsible for any loss that occurs if you fail to bring required travel documents, such as your passport.

9.2.         By displaying particular destinations, BDA does not represent or warrant that travel to such destinations is advisable or risk-free. BDA cannot be held liable for damages or losses that may result from travel to such destinations. Under no circumstances shall BDA be held liable for any adverse incidents occurring during your trip or your stay.

 

 

10.               REVIEWS AND RATINGS

 

10.1.         Reviews and Ratings shown on the App are provided for the information of users only, and existing reviews and ratings are based on information given by third parties such as previous guests, users or other review websites. We do not verify the reviews and rating given and are therefore not responsible for the accuracy of such reviews and ratings. We hereby declare denial of any claims, losses or liability with respect to the reviews and ratings shown on the App.

 

 

11.             DEALS, CAMPAIGNS AND PROMOTIONS

 

11.1.         BDA may offer deals, campaigns, and promotions where different terms and conditions may apply. BDA campaigns, promotions and deals are run separately from Host deals. Upon joining such, you will read, understand and agree to all terms and conditions applicable to each campaign, promotion or deal as offered by BDA.

 

 

12.             DEALS BY HOST

 

12.1.         Deals offered by Hosts are at the sole discretion of the Host. Deals offered by the Host and accepted by Guests will form part of this EULA. Deals accepted and agreed to by both parties should appear on the booking request and booking confirmation forms. BDA is not responsible for the non–delivery of any part of the deal. Non-delivery may constitute a breach of the agreement by the Host, incurring penalties and consequences to be decided by BDA.

 

 

13.             STAYCATION PROGRAM

 

13.1.         A Staycation Member can earn 1 Staycation Program point for every 1 USD spent or its converted equivalent.

13.2.         The Staycation Program may offer bonus points from time to time.  Different terms and conditions may apply.

13.3.         Staycation Points can be redeemed as credits to be used for a new booking.

13.4.         When a Staycation Member wants to redeem points to be used for a future booking, the new booking total must be greater than USD$500 or its converted equivalent.

13.5.         Staycation Points will remain valid and redeemable for a period of 10 years from date of payment that earned such points. We will send a notification and reminder to the Staycation Member a minimum of 6 months prior to their expiration.

13.6.         Staycation Points cannot be redeemed where members current points balance is zero.

13.7.         Staycation Points are not convertible to cash.

13.8.         Staycation Points cannot be transferred to another member’s account.

13.9.         Creating multiple accounts for the purpose of collecting Staycation Points with the intention of later transferring and stockpiling points into an account or accounts for redemption by any individual or group is against BDA policy and BDA may, at its sole discretion, suspend or cancel accounts found to be in breach of this condition.

 

 

14.             PAYMENT DETAILS AND PROCEDURES

 

14.1.         Payments are made in US Dollars for the amount stated in the list.

14.2.         The amounts do not include bank fees or any other charges external to BDA.

14.3.         Payment methods include PayPal and credit card. BDA may add or remove payment methods at its sole discretion.

14.4.         For payment methods, such as PayPal or credit card, the Guest or person paying must follow the procedures stated by BDA and/or the relevant payment service provider.

14.5.         Upon full payment, BDA will send a booking confirmation email, which will include:

 

14.5.1.         Booking reference number;

14.5.2.         Total Booking charges;

14.5.3.         Booking Guest Name;

14.5.4.         Booking Details;

14.5.5.         Contact details;

14.5.6.         Staycation Points earned.

 

 

15.          PAYMENT BY CREDIT CARD

 

15.1.         For payment by credit card, BDA will bill the credit card for the full price at the time of booking. You must use a credit card that you own, issued in your name, and make sure there are sufficient funds to cover the transaction costs. You, and not BDA, will be responsible for any fees incurred by you for authorising a transaction that results in an over-drawing of your credit card account.

15.2.         We use encryption technology such as Transport Layer Security (“TLS”) or Secure Sockets Layer (“SSL”) to protect and encrypt your credit card information when in transit to us.

15.3.         In case of fraud or unauthorised use of your credit card by a third party, you must contact your bank or card issuer immediately.

15.4.         If you suspect any fraud or unauthorised use of your credit card on BDA, you must contact our Customer Service team immediately.

15.5.         BDA reserves the right to NOT accept certain credit cards.

 

 

16.         CANCELLATIONS

 

16.1.         By making a booking or reservation through the App, you also accept and agree to the specific terms and conditions and Cancellation Policy chosen by the Host of the listing that you booked.

16.2.         BDA is not responsible for any violation of additional terms and conditions as agreed by and between Hosts and Guests, or which are based on the Guest’s specific requests.

16.3.         Such additional terms and conditions and special requests as agreed by and between Hosts and Guests and stated on the booking confirmation form part of this EULA.

16.4.         You can cancel a booking at any time before the final confirmation.

16.5.         Further, you agree that the following may apply to you and/or the Listing:

 

16.5.1.         recovering any costs associated with the cancellation including refund fees, administration fees and bank fees;

16.5.2.         keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking; or

16.5.3.         imposing a cancellation fee.

 

16.6.         BDA may withhold or take part of the amount paid to reimburse the costs that have been incurred in connection with the cancellation. Further details can be found at https://bestdealsasia.com/policies-cancellation.

 

 

17.         GUEST SERVICE FEES

 

17.1.         In consideration of the use of the Services, BDA charges the Guest a Guest Service Fee at the rate of 6% of the confirmed nightly rate.

17.2.         The Guest Service Fee and confirmed nightly rate are added, resulting to the total of the confirmed booking price (the “Accommodation Fee”).

17.3.         If the Guest cancels the booking outside the cooling off period, the Guest Service Fee will not be refunded. A compensation amount will be deducted from the Guest Service Fee and be remitted to the Host per the Cancellation Policy.

17.4.         If the Host cancels the booking, the Guest Service Fee will be refunded to the Guest.

 

 

18.         HOST SERVICE FEES

 

18.1.         In consideration of the use of the Services, BDA charges the Host a Host Service Fee at the rate of 10% of the total base booking amount (not including the Guest Service Fee).

18.2.         The Host Service Fee will be deducted from each completed booking prior to funds being remitted to the Host.

18.3.         If the Host will cancel the booking or be the cause of any issues causing the Guest to cancel, the Host is responsible for any costs associated with remitting any refund amounts to the Guest.

18.4.         To make a valid claim for refund, the Guest must follow the refund policy conditions as stated on the Policies and Cancellation. Refund will be provided to the Guest in the form of direct refund or credit balance to his or her Account.

 

 

19.         ROUNDING OFF & CURRENCY CONVERSION

 

19.1.         BDA may, in its sole discretion, round up or round down amounts that are payable from or to Guests or Hosts to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency). For example, $10.50 to $11, or $11.49 $11.00. Currency Conversion is live and the difference in exchange rates can be viewed in the interface. The user will pay the exact amount specified on the system in USD.

 

 

20.         ADDITIONAL CHARGES & REFUNDS

 

20.1.         Each price listed on the App is only available upon certain conditions and may change depending on the availability of booking, length of booking and/or other factors. Available prices may or may not include additional taxes and other charges.

20.2.         You agree that you are responsible for verifying the booking details such as number of guests, number of rooms, charges and other terms on the booking confirmation screen before finalising the booking.

20.3.         Additional requests such as pool fences, additional beds and baby beds may be available on request and must be clearly included in the booking request, and may be included in the original price or for an additional charge. All additional requests and arrangements between the Guest and Host must be documented and confirmed through email to be kept during the accommodation period.

20.4.         We recommend you check the booking details included in the confirmation email. Should any discrepancy be noticed, we suggest contacting the other party immediately to resolve any issues which may arise as the result of such discrepancies.

20.5.         In case of any discrepancy in the amount paid, BDA will provide an email notification with the details with the amount to be paid by the user.

20.6.         Refunds may not be immediate depending on the initial mode of payment.

20.7.         BDA will process any applicable refunds within a reasonable period. For further information and assistance, please contact us at support@BestDealsAsia.com.

 

 

21.          DAMAGE TO ACCOMMODATION, PROPERTY AND CONTENTS

 

21.1.         The Guest whose name appears on the booking confirmation form will at all times remain responsible for his or her acts during the Accommodation period. He or she also remains responsible for the acts of any individual or others invited to the Accommodation. Any damage that is caused as a direct result of the actions of Guest or those under his or her responsibility and invitation will be charged to the Guest as so determined by the Host. The Guest agrees to pay all costs associated with the damages to the Host.

21.2.         Except for reasonable and ordinary wear and tear, the Guest will surrender the Accommodation, its property and contents to the Host in the condition as they were upon check-in.

21.3.         Hosts should check property and contents during the check-out process and communicate with the Guest to arrive at an amicable settlement of any issues.

 

 

22.             DISPUTE AND RESOLUTION (GUEST & HOST)

 

22.1.         Considerations: Please refer to this EULA and the Cancellation Policy prior to making any dispute request.

22.2.         Notification: If you decide to contact BDA regarding a dispute, a notification email will be sent to your Account dashboard with a full description and details of the dispute. BDA will send also a notification of the dispute to the other party.

22.3.         Response, Review and Resolution: BDA will seek responsive and fair action from both parties. BDA will ask for a fast and fair resolution of the dispute for both parties. When both parties cannot resolve a dispute together, BDA will review the dispute and communicate openly with both parties to seek a resolution. Where the parties cannot resolve the issues, BDA will act as mediator to reach best outcome completion for both parties. If either party fails to reply within 14 days of contact, the result of resolution will be made in favour of the other party.

22.4.         NOTE: BDA does not become involved with any banking issues pertaining to a fee or any other charge debited to you. Such issues should be dealt with directly between you and your bank.

22.5.         Communication: BDA will make every effort to advise all parties of the processes and stages via email and Account dashboard.

22.6.         Dispute Prevention: You agree to enter any dispute with understanding and flexibility. You agree to engage in open and free communication with the other party to attain the expeditious and best result for all parties.

22.7.         Payments: Any amount due as a result of dispute resolution must be remitted within 7 days.

 

 

23.                  RESTRICTIONS

 

23.1.         You agree to not use the App or its Content for unlawful purposes or undertake any acts that violate the EULA.  In addition, you agree not to:

 

23.1.1.         use the App to place fake orders or submit false reservation requests.

23.1.2.         use the App or the Content for commercial purposes without permission from BDA;

23.1.3.         access, monitor or copy any Content on the App using technology, software, or any program either manually or automatically for any purpose without written permission from BDA;

23.1.4.         perform any action that imposes or may impose, an unreasonable burden on our App or infrastructure;

23.1.5.         resell, use, copy, perform surveillance (such as using or installing spider or scrape programs), display, download or perform any Content production, software, products, services available through the App for commercial purposes or objectives/activities of competition;

23.1.6.         reproduce the App (through a "frame" or "mirror") or set up a part of the App on any other website without prior written consent;

23.1.7.         transmit or provide links to any materials that defame, slander, or lie;

23.1.8.         transmit or provide links to each announcement containing the terms of defamation, slander, and lies;

23.1.9.         transmit or conduct announcements that may infringe upon the intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secrets, confidential information or publications;

23.1.10.         transmit announcements where prohibited by applicable law or violate the rights and obligations that exist based on the contractual relationship;

23.1.11.         imitate any person or entity for any purposes;

23.1.12.         manipulate or falsify information with the aim to disguise the origin of statements provided;

23.1.13.         use the App in any manner which could damage, disable, obstruct, or interfere with the use of the App or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment;

23.1.14.         gain unauthorized access or perform unauthorised modification to the App or other related website, other accounts, computer systems, networks connected to the App through hacking, password theft or other similar matters;

23.1.15.         obtain or attempt to obtain any materials or information by ways that are not intentionally supplied by the App (including but not limited to other destinations provided by the App). This includes but is not limited to, obtaining or collecting information about others such as email addresses;

23.1.16.         engage in fraudulent acts or actions that aim to manipulate a search engine results page (“SERP”) or perform search engine optimization (“SEO”). SEO practices considered unethical or to constitute "spamdexing" include but are not limited to cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, link schemes, comments containing spam and other matters; or

23.1.17.         any other action which may adversely affect or result in damage to the App, BDA or its affiliates and employees, or the reputation of BDA.

 

23.2.         By making a booking or a listing through the App, you represent and warrant that you are not subject to any prohibitions or restrictions by any sanctions program, or subject to any penalties under any anti-money laundering regime.

 

 

24.               REVIEWS

 

24.1.         By completing a booking, you hereby agree to receive electronic mail containing an invitation to provide reviews or content reviews with respect to the Accommodation and Host. BDA has sole discretion whether your review will appear on the App. BDA can display the review, which may contain comments, level of service and your name.

24.2.         In providing a review, you agree to ensure that:

 

24.2.1.      you own and control all of the rights to the reviews that you provide to the App;

24.2.2.      the content of the review is accurate and contains no misrepresentations; and

24.2.3.      the use or performance or transmission of the content of the review does not violate the EULA or applicable laws and regulations, you are not violating any third-party’s rights, and you are not causing injury to any party.

 

24.3.         You must bear all responsibility for the content of the reviews that you provide or submit. You allow BDA to act when there is a party that violates your rights or the rights of BDA.

24.4.         Content review provided will be deemed to not contain confidential information and BDA shall have no obligation to treat the content review as confidential information.

24.5.         Without limiting the provisions contained in the EULA, BDA has sole discretion to use the content review as deemed appropriate, including but not limited to removing, cutting, modifying, or otherwise editing the review. BDA shall have no obligation to pay for the content that you submit in a review, including but not limited to content review that has been changed, eliminated or cut. BDA shall have no obligation to provide or include or mention authors or other third parties.

 

 

25.               INTELLECTUAL PROPERTY RIGHTS

 

25.1.         The App, its Content, and the software infrastructure used to provide the Content are wholly owned by Best Deals Asia Pte Ltd.

25.2.         BDA is the owner of certain intellectual property rights (“Intellectual Property Rights”), including but not limited to the domain name, App, trademarks, content, copyright, service marks, logos, symbols or other designs etc. Nothing in this EULA shall be construed as granting you a license or any rights, implied or otherwise, to use, possess, distribute or modify any of BDA’s Intellectual Property.

25.3.         Unless specified otherwise, the software required for the provision of Services, the software available for use on the App, and Intellectual Property Rights in the Content on the App are owned by BDA, its affiliated or associated companies, licensors, suppliers and content providers. BDA shall not be responsible for intellectual property owned by third parties or for infringement of intellectual property rights owned by third parties.

25.4.         Unless specified otherwise, and expressly permitted by the copyright laws, you may not copy, reproduce, redistribute, retransmit, publish or otherwise commercially exploit any downloads you make from the App without the permission of the owner of the intellectual property rights. Even if you obtain the necessary permission, you are forbidden to make changes or deletions. You hereby accept and agree that downloading any Intellectual Property does not grant you any rights over them.

25.5.         We may provide links onto other sites maintained by other parties. By clicking on the link, you hereby represent, acknowledge and agree that such action is your voluntary action to view or enter other sites that BDA does not supervise or bear responsibility for.

 

 

26.             DISCLAIMER

 

You acknowledge and agree that to the extent where permitted by law:

 

26.1.         The Service and the content of the App are provided based on “as is” and “as available”. We expressly state that we do not guarantee the Services or performances of the Hosts and their holiday/vacation rentals.

26.2.         BDA does not guarantee that: (a) The services, functions, and security features provided by the App will always be uninterrupted or free from error or mistake; (b) That failure or errors will be repaired; (c) The App or server provider services are free from malware, viruses or damaging components.

26.3.         You will take full responsibility and assume all risks associated with any material downloaded or otherwise obtained through this App or its services. You voluntarily assume such risk and you will be fully responsible for any damage to your computer or devices or any loss of data that results.

26.4.         You acknowledge that BDA is not obliged to but may conduct background checks at its sole discretion on any member.

26.5.         You acknowledge and agree that, to the extent permitted by law, the entire risks arising out of your access to and use of the App, Application, Third-Party providers and collective content, your booking or listing of any accommodation via the App, Application and services and any contact you have with other users of the App, whether in person or online remains with you.

26.6.         IF YOU CHOOSE TO ENTER THE WEBSITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK.

26.7.         When you use the App, you have agreed to the EULA as provided. By doing so you warrant that you have the express permission of any company or legal entity that you represent and that you have the authority to bind that company or legal entity to this EULA.

26.8.         Although we will use our very best efforts with caution in performing the services, we do not verify, and do not guarantee, that all information provided is accurate, complete, correct or the latest available, and we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the App or otherwise), inaccurate, misleading or false information or non-delivery of information.

26.9.         Changes in market conditions or circumstances that occur can lead to changes in a short time causing the information provided to be inaccurate or not applicable.

26.10.         The App does not make any representations and should not be construed as making any recommendations or suggestions of the level of service quality or rating of the Hosts listed on the App.

 

We hereby declare denial of any claims, losses or liability with respect to the quality or status of existing Hosts listed on the App (who provide their services). Hosts may be introduced in the form of different classes based on factors including but not limited to their reviews, ratings or any other factors.

 

 

27.             LIMITATION OF LIABILITY

 

27.1.         Without prejudice to what is set out in this EULA, each party’s liability is limited and excluded to the maximum extent permitted by law, such as for personal injury and death. We shall not be liable for any losses or damages, whether direct or indirect, resulting from or connected to your use of this App or use of its services and links on the App, including but limited to special, incidental, punitive or consequential damages or other economic loss, even if we have been advised of the possibility of loss or damage that may occur. The only available remedy or course of action for you is immediate termination of your use of the App.

 

 

28.             INDEMNIFICATION

 

28.1.         You agree to indemnify and hold harmless BDA and its employees, staff and contractors from and against any and all claims, demands, liability, damage or loss including legal fees, which arise as a result of claims of third parties in connection with: (a) your use of the App; (b) Content that is given, provided or accessed through the App; (c) your violation of the EULA; (d) violation of any other rights or obligations; and/or (e) any act or omission by you, whether negligent, unlawful or otherwise.

 

 

29.                  MODIFICATIONS

 

29.1.         BDA reserves the right, at its sole discretion, to modify the App or to modify this EULA, including the Service Fees, at any time and without prior notice. If the modifications are not acceptable to you, your only remedy is to cease using the App.

 

 

30.             TERMINATION

 

30.1.         BDA has sole and full discretion to change, postpone, discontinue or stop the App and/or part of the App, including services or products that are made available in the App, and/ or usage of the App, or part thereof, at any time for any reason without prior notification to you.

30.2.         In the event of termination, you remain bound by the obligations in this EULA, including but not limited to the warranties, indemnification, waiver and limitation of liabilities that you have agreed to.

30.3.         BDA shall not be liable to you or any third-party for any termination or suspension of your access to the App.

 

 

31.             PRIVACY

 

31.1.         BDA values your privacy. We make every effort to comply with the requirements of relevant data protection legislation when performing its obligations under this EULA. You can view our Privacy Policy at bestdealsasia.com/privacypolicy.

 

 

32.             FORCE MAJEURE

 

32.1.         BDA shall not be liable for any non-performance or violation of this EULA, such as for transaction failure, restricted access to the App, or any damage or harm to users caused by any act or condition beyond the reasonable control of either you or us (“Force Majeure Event”). Force Majeure Events include but are not limited to natural disaster (floods, earthquakes), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes / typhoons / cyclones, labour strikes, demonstrations or listing bankruptcy or insolvency and so forth.

32.2.         BDA shall not be responsible for any damages or losses caused by any means to any party if BDA cannot process your order because of a Force Majeure Event.

 

 

33.             GENERAL

 

33.1.         This EULA shall constitute the entire agreement and understanding between you and BDA whether written or oral concerning the subject matter thereof.

33.2.         To emphasise, BDA does not manage or control the Hosts or their listings.

33.3.         This EULA is provided in English. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail.

33.4.         Headings in this EULA are inserted for convenience only and shall not affect the interpretation or construction of this EULA.

33.5.         All resolution requests, communications and judgements will be arrived at using the English language as its first language.

33.6.         In the event that any provision is determined to be unenforceable or invalid by any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provision shall be replaced by a provision approximating as much as possible the original wording and intent.

33.7.         Failure by either Party to enforce any provision of this EULA at any time shall not be construed as a waiver of each Party’s rights to enforce the breach of such provision or any other provision in this EULA or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of this EULA.

33.8.         You may not assign or transfer your rights or obligations under this EULA, without our prior written consent.

33.9.         This EULA is governed by the laws of Singapore.

 

 

34.         CONTACT US

 

BDA is always willing to improve its services. If you have any suggestions for improvement, please share them with us at support@BestDealsAsia.com.

 

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