Oway Terms and Conditions of Service
These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and Oway, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the Singapore or other applicable jurisdiction.
You shall establish and use your membership on the Oway Sites, and purchase and use the products and services available through the Oway Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and Oway may be recorded.
A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by Oway is located at [http://www.Owaytrip.com/privacy]. You consent to any personal information we may obtain about you (either via the Oway Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. Oway may update its Privacy Notice from time to time in its sole discretion, and post an updated version of the notice at the website address provided above.
2. OWAY MEMBERSHIP
Establishing a MembershipYou may establish membership on the Oway Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms and Conditions (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in Oway’s sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. We encourage you to review our Information Security Policy [http://www.Owaytrip.com/security-policy] for information about some of the measures you may take to help protect your account, but we cannot guarantee that implementing such measures will ensure the security of the account or your information.
Use of MembershipYou shall not use Oway membership for any purpose competitive to Oway or its affiliates. You will notify Oway immediately by emailing firstname.lastname@example.org of any unauthorized use of your Oway membership or the Oway Sites known to you, whether by you or a third party.
Unique MembershipEach membership shall be unique. You may not combine your membership booking with another person’s booking to create one reservation.
3. ORDER PROCESSING
Oway may, in its sole discretion, choose to not process or to cancel your reservation in certain circumstances. This may occur, for example, when the booking you wish to reserve is no longer available or has been mispriced, we suspect the reservation request is fraudulent, or in other circumstances Oway deems appropriate in its sole discretion. Oway also reserves the right, in its sole discretion, to take steps to verify your identity to process your reservation. Oway will either not charge you or refund the Charges (as the term is defined in Section 14 of these Terms and Conditions) for reservations that we do not process or cancel.
4. PRODUCT AND SERVICE AVAILABILITY
In rare cases, a hotel, trip or event may be available when a customer places the order, but becomes unavailable prior to check-in. If this should occur, your sole remedy shall be to contact Oway to make alternative arrangements or to cancel your reservation.
5. PRODUCT AND SERVICE DESCRIPTIONS
Oway attempts to provide accurate descriptions of products and services on the Oway Sites. Certain products and services available on the Oway Sites may be designated “Oway Verified.” A Oway Verified property has been visited by a Oway editor and deemed to meet Oway standards. Oway does not warrant, however, that the descriptions are accurate, complete, repable, current or error-free.
6. SPECIAL REQUESTS
If you have any special requests in connection with your Oway itinerary, you must submit them on the Oway Sites at the time you book your reservation. We will pass along any requests we deem reasonable to the relevant service providers. We cannot guarantee, however, that the service providers will fulfill such requests, as such services or amenities may not be available. Oway is not pable for any failure to fulfill a special request, and no cancelation due to any special request not being met shall be allowed.
Oway does not accept booking requests conditioned or contingent on the fulfillment of a special request. We will deem any such booking a “regular” booking with the special request handled as specified in this Section 8.
7. PRICING INFORMATION
Oway pre-negotiates certain rates with service providers to faciptate the booking of reservations on your behalf. Oway retains service fees as compensation for faciptating reservations, which vary according to the amount and type of reservation booked through Oway. The rates displayed on the Oway Sites reflect Oway’s pre-negotiated rates, which include the fees retained by Oway.
Oway strives to provide accurate pricing information regarding the products and services available on the Oway Sites. We cannot, however, insure against pricing errors or pricing changes. Oway reserves the right, at its sole discretion, to not process or cancel any bookings placed for a product or service whose price was (1) incorrectly provided as a result of an error, or (2) changed by the service provider. If this occurs, Oway will notify you by email and correct the pricing on the Oway Sites.
If additional charges apply to your booking (including but not pmited to the addition of an extra traveler, resort fees or other taxes or incidentals), which charges you do not pay at the time of checkout on the Oway Sites, you will be responsible for paying these charges directly to the service provider.
Oway does not guarantee that it offers best available rates for products and services available on the Oway Sites.
8. CANCELLATIONS AND CHANGES TO RESERVATIONS
Cancellations and changes to reservations made through one of our flash sales are not permitted. With respect to other services and reservations available on the Oway Sites, the rules and restrictions regarding your reservation, as described on the relevant site at the time you make the reservation, will specify whether you may be able to cancel or change your reservation. If a change to or cancelation of your reservation is permitted, you may be charged a cancellation or change fee. You agree to pay any cancellation or change fees that you incur. To the extent you are eligible to cancel or change your reservation, such cancelation is subject to the property’s cancelation policy noted in your booking confirmation or otherwise provided to you. To the extent any credit or refund is due, such amount will be refunded to you in the original form of payment (i.e., either Oway credit or credited back to the payment card which we originally charged for your booking). All refunds will be paid in the currency in which you originally paid for the booking, as specified by Oway.
You may not sell, auction, barter or transfer your reservation to a third party.
9. SERVICE PROVIDER RULES AND RESTRUCTIONS
Service providers may impose additional rules and restrictions on products and services available through the Oway Sites. Please read these additional terms and conditions carefully. By purchasing products and services through Oway you agree to abide by such additional rules and restrictions, such as the payment of all amounts when due and compliance with the service provider’s rules and restrictions regarding availability, minimum age, maximum occupancy, pet policies, child policies and use of fares, products or services. You agree that any violation of any such service provider’s rules and restrictions may result in cancellation of your reservation, in being denied access to the applicable travel products or services, in forfeiting any Charges (defined below) paid for such reservation, and in being charged by Oway for any costs we incur as a result of such violation.
10. TAXES AND FEES
The sales or other taxes charged in connection with your booking depend on the location of the event, property or service provider, any rules governing those service providers, or other requirements. Service providers may also charge service fees. You will be able to view the taxes and additional service fees included in a booking before confirming the booking.
Oway bookings do not include any incidental charges, expenses or services, except as specifically described in your itinerary. You are liable for any such incidental charges, expenses or services that you incur or consume during your trip.
ALL RESERVATIONS BOOKED THROUGH OWAYMUST BE PREPAID IN FULL. YOU AGREE TO PAY TO OWAY THE FEES, COSTS, EXPENSES AND OTHER CHANGES IN CONNECTION WITH YOUR RESERVATION (COLLECTIVELY, THE “CHARGES”).YOU ACKNOWLEDGE AND AGREE THAT THE CHARGES WILL BE BILLED TO YOUR PAYMENT CARD, OR THAT YOU WILL PAY THE CHARGES USING ANOTHER PAYMENT METHOD APPROVED BY OWAY .
GIVE THE NATURE OF TRAVEL SERVICES, WE RECOMMEND THAT YOU OBTAIN INDIPENDANT INSURANCE TO PROVIDE ADEQUATE COVER FOR MEDICAL EXPENSES, PERSONAL ACCIDENT, LOSS OF BAGGAGE AND CURTAILMENT OR CANCELLATION OF YOUR TRIP. PLEASE NOTE THAT SUCH INSURANCE IS NOT INCLUDED WITH YOUR PURCHASE ON OWAY UNLESS YOU SEPARATELY PURCHASE SUCH INSURANCE ON THE OWAY SITES (WHERE AVALIABLE).
14. REFERRAL CREDIT PROGRAM
On certain of its Sites, Oway may offer members the ability to earn credits toward future purchases on the Oway Sites when they participate in certain referral and marketing promotions (“Referrals”). By inviting a friend to become a member of Oway, you represent that your friend has consented to being contacted by Oway. Oway will tell your friend that you have provided his or her email address to us for purposes of this contact.
You may only earn credits via Oway’s authorized channels. Referrals outside of Oway authorized channels will not result in any Referral credit. You understand that Referral credit is not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expires based on the terms of the specific Referral program. You will receive credit only if the friend you invite becomes a Oway member and books a trip or hotel through the Oway Site. If your friend does not follow the directions in an invite email, or if Oway determines that a Referral is not valid, you may not receive credit, or such credit may be removed from your account, and Oway will have no liability to you for your friend’s failure to follow directions. You agree that having multiple Oway accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Oway’s Referral program system may, without limiting any other Oway rights or remedies, result in forfeiture of your membership and all Referral credits in your account. Oway reserves the right to void Referrals and credits earned if we suspect that the Referrals or credits were earned in a fraudulent manner, in a manner that violates these Terms and Conditions or in a manner otherwise not intended by Oway. You must not conduct your own promotion in connection with our Referral credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Oway, including by using any trademarks of Oway.
Credits will appear in your account within approximately 24 hours of the qualifying event. Credits earned via Oway may only be used on the Oway Sites and may not be used toward the purchase of a Oway Card. Referral credits generally expire after one year, unless otherwise notified by Oway. Referral credits may be subject to certain sale restrictions or exclusions.
Our Referral credit programs are void where prohibited by law. Oway reserves the right to terminate the Referral credit program at any time, and any credits accrued at that point will expire 60 days after we provide notice of the termination of the program. Should there be any tax liability for the accumulation and/or use of credits, such taxes are the sole responsibility of the participant. You understand that the statistics that Oway may choose to display may not be real-time or accurately reflect the credits you have actually earned. Oway will have no liability for any errors displayed in those statistics.
15. OWAY CARDS
16. CONTENT YOU SUBMIT
With respect to any content you submit or make available to Oway (other than personal information, which is handled in accordance with the Privacy Notice [http://www.Owaytrip.com/privacy]) , including by not limited to endorsements or testimonials, you grant Oway a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Oway.
All notices from Oway intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide to Oway.
18. ENTIRE AGREEMENT
If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
20. MODIFICATION OF TERMS OF SERVICE
You acknowledge and agree that Oway may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of Oway membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at [http://www.Owaytrip.com/terms-of-service]. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
21. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS
Notwithstanding the expiration or earlier termination of your Oway membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
22. EFFECTIVE DATE
March 13, 2012.