Terms and Conditions

These Terms govern

• the use of this Application, and,
• any other related Agreement or legal relationship with the Owner

in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

Please read this document carefully.

Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that, where this Application has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.

This Application is provided by:

OneEnterprise Holdings Pte. Ltd.
5 Temasek Blvd #17-01
Suntec Tower Five
Singapore 038985

Owner contact email: legal@oneenterprise.com

„This Application“ refers to:

• this website, including its subdomains and any other website through which the Owner makes its Service available;
• applications for mobile, tablet and other smart device systems;
• the Application Program Interfaces (API);
• the Service;
• any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Service, as well as any related documentation

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm that they meet the following requirements:

• Users may be Consumers or Business Users; there are no restrictions against either Consumers or Business Users;
• Users are recognized as an adult under applicable law; minors may only use this Application under parental or adult supervision;
• Users are not located in a country that is subject to U.N. or U.S. Government economic sanctions, or that has been designated by the U.N. or the U.S. Government as a “terrorism-supporting” country; and
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties.

To use the Service, Users must register or create a User account, providing all required data and information in a complete and truthful manner. Failure to do so may cause the Service to be or become unavailable.

Users are responsible for keeping their login and/or access credentials confidential and safe. For this reason, Users are also required to choose strong passwords, as may be permitted by this Application.

By registering, Users agree to be fully responsible for all activities undertaken using their accounts (i.e. under their username and password).

Users are required to immediately and unambiguously inform the Owner, via the contact details indicated in this document, if they think their personal information (including but not limited to User accounts, login and/or access credentials, or personal data) have been violated, stolen, or otherwise disclosed without permission.

Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner shall user all reasonable efforts to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to the legal rights which may accrue to any Users, Users are kindly requested to first report such complaints to the Owner using the contact details provided in this document.

Rights regarding content on this Application – All rights reserved

The Owner holds and reserves all intellectual property rights in and to any and all content on this Application. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device (whether with the User’s knowledge or not).

Where explicitly stated in this Application, the User may download, copy and/or share content available through this Application for its sole personal and non-commercial use, PROVIDED THAT the copyright attributions and all the other attributions requested by the Owner thereupon are correctly implemented. This provision shall not affect any applicable statutory limitations or exceptions to copyright.

The Owner allows Users to upload, share and/or provide their own content to this Application.

By providing content to this Application, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.

Further provisions regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.

Rights regarding content provided by Users

Users acknowledge and accept that by providing their own content on this Application, they grant the Owner a non-exclusive, fully paid-up and royalty-free license to process such content solely for the operation and maintenance of this Application as contractually required.

To the extent permitted by applicable law, Users waive any moral rights in connection with any content they provide to this Application.

Users acknowledge, accept and confirm that all content they provide through this Application is provided subject to the same general conditions applicable to content on this Application, as set forth in these Terms.

Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that the Owner has no duty or obligation to filter or moderate such content.

However, the Owner reserves the right, exercisable at its own discretion, to remove, delete, block or rectify such content and to, without prior notice, deny the uploading User access to this Application, in the following situations:

• if any complaint based on such content is received;
• if a notice of infringement of intellectual property rights is received;
• upon order of a public authority; or
• where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service

The aforesaid removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it to any claims for compensation, damages, or reimbursement. Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

Content that Users provide to this Application is made available according to the criteria outlined within this section.

Content meant to be publicly available shall be automatically made public on this Application upon upload or, at the sole discretion of the Owner, at a later stage.

Any personal data, identifier or any other information that Users upload in connection with such content (such as a User-ID, avatar or nickname, etc.) shall also appear in connection with the published content.

Private content provided by Users shall stay private and shall not be shared with any third parties or accessed by the Owner without the User’s express consent.

Content meant to be made available to specific audiences only shall only be shared with such third parties as may be determined by Users.

Any personal data, identifier or any other information Users upload in connection with such content (such as a User-ID, avatar or nickname, etc.) shall also appear in connection with the content.

Users may (and are encouraged to) check on this Application to find details of who can access the content they provide.

Through this Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

This Application and the Service may only be used within the scope of which they are provided for, and in accordance with the provisions of these Terms and any applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable laws, regulations or third-party rights. In particular, Users shall not:

• violate any laws, regulations and/or these Terms;
• infringe any third-party rights;
• impair any of the Owner’s legitimate interests;
• post content or otherwise perform any activity offensive to any party.

This Application gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this Application.

In order to take advantage of this offer, Users may invite other persons to purchase the Products on this Application by sending them a tell-a-friend code provided by the Owner. Such codes can only be redeemed once. If a purchaser redeems a tell-a-friend code at the time of purchase of the Products on this Application, the inviting User shall receive the relevant advantage or benefit (e.g. a price reduction, an additional service feature, an upgrade, etc.) as may be specified on this Application.

Notwithstanding any provision of these Terms, the Owner merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license (the “License”) to use the software and/or any other technical means embedded in the Service within the scope and for the purposes of this Application and the Service offered. The continued grant of the License is subject to Users’ continuing compliance with these Terms, and the License may be immediately terminated by the Owner if a User breaches any provision of these Terms.

This License does not grant Users any rights to access, use or disclose the original source code. All techniques, algorithms, and procedures contained in the software and any documentation related thereto is the Owner’s or its licensors’ sole property.

Users may access their data relating to this Application via the Application Program Interface (API). Any use of the API, including use of the API through a third-party product/service that accesses this Application, is bound by these Terms. In addition, the User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User’s use of the API or their use of any third-party products/services that access data through the API.

Some of the Products provided on this Application, as part of the Service, are provided on a paid basis. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application. To purchase Products, the User must register or log into this Application.

Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit the aforementioned description cannot benefit from the rights described in this section.

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available at the end of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement to this effect in any other suitable way.

In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the expiry of the applicable withdrawal period, as set out below:-

• Regarding the purchase of a service: the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
• In case of purchase of a digital content not supplied in a tangible medium: the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Users who duly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner will not be reimbursed.

Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

…on the purchase of services

Where a User exercises the right of withdrawal after having requested that the service be performed and part of the service is indeed performed before the withdrawal period expires, the User shall pay to the Owner an amount which is proportional to that part of the service so provided.

Such payment shall be calculated based on the fee contractually agreed upon, proportionate to the part of service provided until the time the User withdraws as compared with the full coverage of the contract.

Exceptions from the right of withdrawal

for the provision of services: after the service has been fully performed, if the performance had begun with the consumer’s prior express consent and with their acknowledgement that their right of withdrawal is lost once the contract has been fully performed.

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees harmless from and against any claims or demands ⁠— including but not limited to claims for lawyer’s fees and legal costs ⁠— made by any third party due to or in connection with any culpable use of or in relation to the Service, violation of these Terms, or any infringement of any third-party rights or statutory provision by the User and/or its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees, to the extent permitted by applicable law.

Unless otherwise explicitly stated and without prejudice to any applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf) for any reasons whatsoever.

This limitation of liability section does not apply to liability arising from damage to life, health or physical integrity, damage resulting from the breach of an essential contractual obligation (i.e. an obligation strictly necessary to achieve the purpose of the contract), and/or damage resulting from wilful acts or gross negligence, as long as this Application has been appropriately and correctly used by the User.

Unless damage has been caused by way of wilful acts or gross negligence of the Owner or the damage caused affects life, health or physical integrity, the Owner shall only be liable for damages foreseeable at the moment the contract was entered into.

In the event of any liability hereunder, the compensation payable by the Owner shall not exceed the total payments that have been, will be or would have been received by the Owner from the User based on the contract over a period of 12 months or the actual duration of the Agreement, whichever is shorter.

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation which cannot be excluded, restricted or modified (“Non-Excludable Right”). To the fullest extent permitted by law, Owner’s liability to the User, including liability for a breach of a Non-Excludable Right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again to the Owner.

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the generality of the foregoing, the Owner, and its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available, uninterrupted and secure at any particular time or location; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at Users’ own risk and Users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and some other jurisdictions, do not allow the exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:

• any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the Service;
• 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 Service; and/or
• the defamatory, offensive, or illegal conduct of any User or third party.

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

To ensure optimal service levels, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes. Owner shall inform Users appropriately of such interruptions.

To the maximum extent permitted by law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner shall cooperate with Users to enable them to withdraw Personal Data or information from this Application, in accordance with applicable law.

Additionally, the Service may not be available due to reasons outside the Owner’s reasonable control, i.e. force majeure (e.g. labour actions, infrastructural breakdowns, blackouts, etc).

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

To learn more about the use of Users’ Personal Data, Users may refer to the privacy policy of this Application.

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner shall inform the User appropriately of these changes. Such changes shall be prospective in nature and only affect the relationship with the User in the future.

The continued use of the Service signifies the User’s acceptance of the revised Terms. If Users do not wish to be bound by any changes to these Terms, they must stop using the Service. Failure to accept the revised Terms shall entitle either party to terminate the Agreement.

Prior to the User’s acceptance of any changes to these Terms, the applicable previous version of these Terms shall govern the relationship between the Owner and the User. The User may obtain any previous version of these Terms from the Owner.

Where required by applicable law, the Owner shall specify the date by which the modified Terms will enter into force.

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the prior written permission of the Owner.

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Should any provision(s) of these Terms be, be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users: Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

EU Users: Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

While Users‘ rights to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to first contact the Owner at the contact details provided in this document, who will try to resolve them amicably.

The User may submit the complaint, including a brief description of the matter and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document.

The Owner will process the complaint without undue delay and in any event within 21 days of receiving it.

The European Commission has established an online platform for alternative dispute resolution that facilitates an out-of-court method for resolving any dispute related to and stemming from online sale and service contracts.

As a result, any European Consumer can use such platform for resolving any dispute stemming from contracts which have been entered into online. The platform is available at the following link.

This Application (or this Application): The property that enables the provision of the Service.

Agreement: Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Coupon: Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.

European (or Europe): Applies where a User is physically present or has their registered offices within the EU, regardless of nationality.

Owner (or We): Indicates the legal entity that provides this Application and/or the Service to Users.

Product: A good or service available for purchase through this Application, such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.

Service: The service provided by this Application as described in these Terms and on this Application.

Terms: All provisions applicable to the use of this Application and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.

User (or You): Indicates any natural person or legal entity using this Application.

Consumer: Any User who is a natural person and who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft or profession.