Terms and Conditions
1. AGREEMENT TO TERMS
These Terms of Use form a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and Eximius Care Pte Ltd ("Company,"“we," “us," or “our”), concerning your access to and use of the websites https://www.grattustransport.com/ and https://www.eximiuscare.com, as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registeredinSingapore and our registered office is located at 2 Venture Drive, #14-02 VisionExchange, Singapore 608526. By accessing the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DON'T AGREE WITH THESE TERMS OF USE, YOU ARE PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
Additional terms, conditions, or documents that may be posted on the Site from time to time are hereby incorporated by reference. We reserve the right, in our sole discretion, to amend or modify these Terms of Use at any time and for any reason. Notice of any such changes will be provided by updating the "Last Updated" date of these Terms of Use, and you waive any right to receive specific notice of each amendment. It is your responsibility to periodically review these Terms of Use to stay informed of any updates. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of those changes.
The information provided on the Site is not intended for distribution to, or use by, a person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or would require us to comply with any registration requirement within such jurisdiction or country. Individuals who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. The Site is intended for users who are at least 18 years old. Individuals under the age of 18 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless stated otherwise, the Site, along with all its contents, features, and functionalities (including but not limited to all information, software, text, displays, images, video, audio, and their design, selection, and arrangement) (collectively, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”), are owned by us, controlled by us, or licensed to us, and are protected by Singapore Law, copyright and trademark laws, and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and Marks are provided on the Site “AS IS” for your informational and personal use only. Except as expressly permitted in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent. If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which have properly gained access, solely for your personal, non-commercial use. We Reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. USER REPRESENTATIONS
By utilizing the Site, you represent and warrant that: (1) all registration information you provide will be truthful, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update it as needed; (3) you have the legal capacity and agree to abide by these Terms of Use; (4) you are not a minor in your jurisdiction of residence; (5) you will not access the Site through automated or non- human means, such as bots, scripts, or other methods; (6) you will not use the Site for any unlawful or unauthorized purposes; and (7) your use of the Site will comply with all applicable laws and regulations.
Should you provide any information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and deny any and all current or future access to the Site (or any part thereof).
4. USER REGISTRATION
By utilizing the Site, you agree that: You may need to register with the Site. You Agree to maintain the confidentiality of your password and accept responsibility for all activities conducted through your account and password. We retain the authority to remove, reclaim, or alter any username you choose if, in our sole discretion, we find the username to be inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
The Site may only be accessed and used for purposes explicitly permitted by us. Commercial activities are prohibited unless expressly authorized by us. Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. As a user, you agree not to:
Extract data or content from the Site systematically to forma collection, compilation, database, or directory without our written consent.
Deceive, defraud, or mislead us or other users, particularly in attempts to obtain sensitive account information such as passwords
Bypass, disable, or interfere with security features of the Site, including those that restrict copying of Content or impose usage limitations on the Site and its Content.
Defame, tarnish, or cause harm, as determined by us, to the Site or our reputation
Use information from the Site to harass, abuse, or harm another person
Misuse our support services or submit false reports of abuse or misconduct.
Use the Site contrary to any applicable laws or regulations.
Engage in unauthorized framing or linking to the Site.
Upload or transmit (or attempt to) viruses, Trojan horses, or other harmful materials, including excessive capital letters and spamming (repetitive posting), that disrupt the Site or its users' experience.
Utilize the system for automated purposes, such as sending comments or messages using scripts, or employing data mining, robots, or similar data gathering and extraction tools.
Remove copyright or proprietary rights notices from any Content.
Impersonate another user or person, or use another user's username.
Upload or transmit (or attempt to) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Disrupt, interfere with, or create undue burdens on the Site or its connected networks or services.
Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Site to you.
Attempt to circumvent any measures designed to restrict or prevent access totheSite, or any portion of it.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as allowed by law, decipher, decompile, disassemble, or reverse engineer any software making up part of the Site.
Except for standard search engine or browser usage, use, launch, develop, or distribute any automated system, such as spiders, robots, cheat utilities, scrapers, or offline readers that access the Site, or utilize any unauthorized scripts or software.
Use a purchasing agent to make purchases on the Site.
Make unauthorized use of the Site, including collecting usernames and email addresses of users electronically or by other means for sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
Use the Site in any effort to compete with us or for any revenue-generating activity or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or transfer your profile to another party.
Extract data or content from the Site systematically to forma collection, compilation, database, or directory without our written consent.
Deceive, defraud, or mislead us or other users, particularly in attempts to obtain sensitive account information such as passwords
Bypass, disable, or interfere with security features of the Site, including those that restrict copying of Content or impose usage limitations on the Site and its Content.
Defame, tarnish, or cause harm, as determined by us, to the Site or our reputation
Use information from the Site to harass, abuse, or harm another person
Misuse our support services or submit false reports of abuse or misconduct.
Use the Site contrary to any applicable laws or regulations.
Engage in unauthorized framing or linking to the Site.
Upload or transmit (or attempt to) viruses, Trojan horses, or other harmful materials, including excessive capital letters and spamming (repetitive posting), that disrupt the Site or its users' experience.
Utilize the system for automated purposes, such as sending comments or messages using scripts, or employing data mining, robots, or similar data gathering and extraction tools.
Remove copyright or proprietary rights notices from any Content.
Impersonate another user or person, or use another user's username.
Upload or transmit (or attempt to) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Disrupt, interfere with, or create undue burdens on the Site or its connected networks or services.
Harass, annoy, intimidate, or threaten any of our employees or agents providing any portion of the Site to you.
Attempt to circumvent any measures designed to restrict or prevent access totheSite, or any portion of it.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as allowed by law, decipher, decompile, disassemble, or reverse engineer any software making up part of the Site.
Except for standard search engine or browser usage, use, launch, develop, or distribute any automated system, such as spiders, robots, cheat utilities, scrapers, or offline readers that access the Site, or utilize any unauthorized scripts or software.
Use a purchasing agent to make purchases on the Site.
Make unauthorized use of the Site, including collecting usernames and email addresses of users electronically or by other means for sending unsolicited emails, or creating user accounts by automated means or under false pretenses.
Use the Site in any effort to compete with us or for any revenue-generating activity or commercial enterprise.
Use the Site to advertise or offer to sell goods and services.
Sell or transfer your profile to another party.
6. USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or engage in blogs, message boards, online forums, and other features, and may offer you the chance to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions''). Contributions may be visible to other users of the Site and on third-party websites. Consequently, any Contributions you send may be considered non-confidential and non-proprietary. By creating or making available any Contributions, you represent and warrant that:
The creation, distribution, transmission, public display, or performance, and accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site andthese Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning childpornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.
The creation, distribution, transmission, public display, or performance, and accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site andthese Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning childpornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You Are Solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8. GUIDELINES FOR REVIEWS
We may offer you areas on the Site to leave reviews or ratings. When posting review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of any of our affiliates or partners. We don't assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating
9. MOBILE APPLICATION LICENSE
If you access the Site via a mobile application, then we grant you a revocable, non- exclusive, non-transferable, limited right to install and use the mobile application wireless electronic devices owned or controlled by you and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use.
You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue-generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial e- mail; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
10. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions' ') provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
11. THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third Party Websites'') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third- Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion Of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
Any Purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You Agree and acknowledge that we do not endorse the products or services offered Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any Third-Party Content or any contact with Third-Party Websites.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. Should You Choose to advertise on the Site, you assume complete responsibility for any advertisements you place, as well as for any services provided or products sold through those advertisements. Furthermore, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
13. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from Site or otherwise disable all files and content that are excessive in size or are in anyway burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Pleasebe advised the Site is hosted in Singapore. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Singapore, then through your continued use of the Site, you are transferring your data to Singapore, and you agree to have your data transferred to and processed in Singapore.
15. COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material
available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below(a“Notification”). A copy of your Notification will be sent to the person who posted the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located donor linked to by the Site infringes your copyright, you should consider first contacting an attorney.
16. TERM AND TERMINATION
These Terms of Use shall continue to be fully effective as long as you utilize the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THESITE(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSONFORANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANTS CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we deactivate or suspend your account for any reason, you are forbidden from registering and creating a new account under your name, a false or borrowed name, or
the name of any third party, even if you are acting on behalf of that third party. In Addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site During any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
18. GOVERNING LAW
These Terms shall be governed by and defined following the laws of Singapore. Eximius Care Pte Ltd and yourself irrevocably consent that the courts of Singapore shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
19. DISPUTE RESOLUTION
Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ninety (90) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration: Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be two (2). The seat, or legal place, of arbitration, shall be in Singapore. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of Singapore.
Restrictions: The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration: The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute Falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
20. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
21. DISCLAIMER
The Site is provided on an as-is and as-available basis. You acknowledge that your use of the site and our services is at your own risk. To the fullest extent allowed by law, we disclaim all warranties, whether express or implied, related to the site and your use of it, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, and non-infringement.
We do not guarantee or make any representations regarding the accuracy or completeness of the site’s content or the content of any websites linked to the site, and we will not be liable for any (1) errors, mistakes, or inaccuracies in content and materials, (2) personal injury or property damage of any nature resulting from your access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or any personal and/or financial information stored therein, (4) any interruption or termination of transmission to or from the site, (5) any bugs, viruses, Trojan horses, or similar issues that may be transmitted to or through the site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or take responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
22. LIMITATIONS OF LIABILITY
Under no circumstances shall we, our directors, employees, or agents bear any liability to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been made aware of the possibility of such damages.
Despite any contrary provisions herein, our liability to you for any reason whatsoever, and regardless of the nature of the action, will always be capped at the amount you have paid us, if any, during the six (6) month period preceding the occurrence of any cause of action.
Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
23. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, for and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
(1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, without defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
24. USER DATA
We will retain specific data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although We conduct regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You Agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BYUS ORVIATHE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
26. MISCELLANEOUS
These Terms of Use, along with any policies or operating rules we post on the Site or regarding the Site, represent the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Useshall not be considered a waiver of that right or provision. These Terms of Use are effective to the maximum extent permitted by law. We may transfer any or all of our rights and responsibilities to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by factors beyond our reasonable control. If any part of these Terms of Use is found to be unlawful, void, or unenforceable, that part shall be considered severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is formed between you and us as a result of these Terms of Use or your use of the Site. You agree that these Terms of Use will not be interpreted against us because we drafted them. You hereby waive any defenses you may have based on the electronic format of these Terms of Use and the absence of physical signatures by the parties involved to execute these Terms of Use.
27. BOOKINGS AND PAYMENTS
All reservations are subject to verification of payment by us. The total cost, including transportation, accommodation, meals, activities, etc. (collectively, "Travel Fees"), must be paid in the exact amount stated in the official quotation or booking confirmation. Overpayments will not be refunded nor applied to future bookings. Alternative payment methods, such as credit cards, are available upon request. No refunds will be given for any unused components of the travel packages listedongrattustransport.com, including unconsumed food, unused facilities, or activities. This
policy applies to late arrivals, early departures, transportation delays, changes, or
unforeseen circumstances.
In case of delays or cancellations due to bad weather or other unforeseen events, we are not responsible for additional costs, such as meals, accommodation, further transportation, or activities. We and our partners (including other travel operators, resorts, and hotels) reserve the right to alter the schedule, including the removal of certain activities, due to unexpected issues. No refunds will be given for any partial or unused components of the respective travel package.
We accept no responsibility for damage or loss of personal possessions, accidents, injuries, sickness, or death during or resulting from the trip. Bookings will be canceled automatically without further notice if deposits or balance payments are not
paid before the given deadline. No refunds will be given for deposits in the event of
late payment.
If additional taxes are imposed (or if there are reductions) on accommodation, meals, travel packages, and/or service charges by any Singapore Government authority, we reserve the right to collect the tax accordingly.
28. CANCELLATION AND TRAVEL DATE CHANGE POLICY
If the customer wishes to cancel or amend their initial travel date, they must first submit a written notice to us. In the event of cancellation, any Travel Fees already paid will be non-refundable, either in whole or in part. The customer may request a change to their initial travel date, subject to our approval. The customer is required to notify us promptly of their decision to change the travel date. The customer acknowledges that this may incur administrative charges. Any unapproved travel date change request will be treated as a cancellation, and any Travel Fees or deposits already paid will be forfeited.
29. TRANSPORTATION POLICY.
Travel times and terms may be altered at any time by the transportation operator. In the event of any changes to transportation arrangements, we will notify the customer promptly, within a reasonable time frame. Please note that any unused portions of the travel package due to such changes will not be eligible for a refund. If the customer intends to cancel or modify their original travel date, they must provide us with written notice beforehand. In the case of cancellation, all Travel Fees paid will be non-refundable, either in full or in part. The customer may request to change their original travel date, which will require our approval.
The customer must inform us promptly of their decision to alter the travel date, acknowledging that this may result in administrative charges. Any request to change the travel date without our approval will be considered a cancellation, and any Travel Fees or deposits paid will be forfeited. Customers are to take full responsibility to ensure that their personal travel documents or visas are valid for more than 6 months. There will be no refunds for any partial or unused transportation. Our transportation provider reserves the right to reschedule or cancel without prior notice in the event of adverse weather, safety concerns or any operation or technical changes, or any other unforeseen circumstances beyond reasonable control. This is regardless of any prior reservations made.
30. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Address: Eximius Care Pte Ltd 2 Venture Drive, #14-02 Vision Exchange Singapore 608526
Phone: +6588984000
Support: enquiry@grattustransport.com
Address: Eximius Care Pte Ltd 2 Venture Drive, #14-02 Vision Exchange Singapore 608526
Phone: +6588984000
Support: enquiry@grattustransport.com