Terms and Conditions
Last updated: 3 August 2016
The websites located at www.indistay.com (“the Website”), and the services available from the Website are subject to the following terms and conditions (“Terms and Conditions”). Please read these Terms and Conditions and our Policies closely before using the Website. By accessing, browsing and using the Website, you indicate that you accept these Terms and Conditions and our Policies, and you agree to comply with the Terms and Conditions stated herein. If you do not agree with any part of these terms and conditions, you must not use this Website.
§1.1 The Website is owned and operated by Indistay Pte. Ltd., a Singapore-registered Private Limited Company (hereafter referred to as “we”, “us” or “our”). The terms "you" and "your" refer collectively to the customer using this Website. "Provider" means the third-party agent providing an online service to sell the accommodation featured on the Website, for example Agoda.
§2. Scope of Our Services
§2.2 Our responsibilities are limited to making the introduction to the Provider and/or the Hotels featured on our Website. We do not accept responsibility for your direct dealings with the Provider (or any other service providers they may use), or the provision of their services once the introduction has been made. The Provider is solely responsible for providing you with the final quote and the terms and conditions of your booking. We do not accept responsibility for any information about the Provider and/or the Hotels that we pass onto you in good faith.
§3. Accuracy of Information
§3.1 While we make every effort to ensure the accuracy of the information published on the Website, we cannot be held responsible for any errors, omissions or changes that may have occurred. All recommendations, opinions expressed and prices regarding Hotels and/or destinations displayed on the Website are provided for guidance only. Our reviews have been written in good faith and are subjective; however your individual opinion may differ. Circumstances such as ongoing renovations as well as specific guest needs can also affect the quality of your stay. Services and facilities can be modified or withdrawn at short notice and we do not accept any liability for the descriptions given. All maps on the Website are intended as a guide to location, not an exact pinpoint, and no guarantee is made that the positioning is accurate. Any descriptions and directions provided by us are provided in good faith but we accept no responsibility for any errors or omissions.
§3.2 Prices displayed on the Website are intended as a best possible guide, but do not constitute a firm offer or a guarantee of rates for any particular stay. Prices displayed may be converted to a different currency for reference, but this is for guidance only. Conversion rates used by us are believed to be accurate, but we do not warrant or guarantee such accuracy, and actual rates may vary.
§4. Your Use of the Website
§4.1 You are responsible for ensuring that any Hotel is appropriate for you and any other members of your party, which includes arrangements for children, disabled persons, religious and/or dietary requirements, pets and other specific requirements. We do not guarantee the accuracy, completeness, or usefulness of any such information on our Website, nor its merchantability or fitness for any particular purpose.
§4.2 Travel to certain destinations may involve greater risk than others. By promoting Hotels and activities in particular international destinations, we do not represent or warrant that travel to such destinations is advisable or without risk, and are not liable for any damages or losses that may result from your travel to such destinations.
§5. Links to Third Party Websites
§5.1 Our Website contains links to Websites operated by third-parties other than the Company. Those links are provided to you for your reference and convenience only. We do not own or control the content of these Websites and are not responsible for their content or your use of them. These third parties may collect data or solicit personal information from you; we are not responsible for the collection, use or disclosure of any information those services may collect.
§5.2 We make no warranty that this Website or any sites that are linked to this Website are free from technical errors, computer viruses or any other malicious or impairing computer programs.
§6. Your Warranties to Us
§6.1 As a condition of your using this Website or using any of the information, data or images from this Website, you warrant and represent to us that you will not use this Website or the information, images or data contained on the Website (a) for any illegal or fraudulent purpose; (b) for any purpose which adversely affects the performance or availability of the Website; (c) for the purpose of transmitting or procuring the sending of any unsolicited or unauthorised advertising or promotional material or any other form of solicitation; (d) to knowingly transmit any viruses, worms, trojan horses, or any other contaminants that may be used to access and/or modify, delete or damage any data files or other computer programs; (e) to send, knowingly receive, upload, download, use or re-use any material which is inaccurate, discriminative, defamatory, obscene, threatening, deceptive abusive, profane or offensive (or is likely to be perceived as such); or (f) which is otherwise in breach of any of these Terms and Conditions. You also agree not to modify, copy, distribute, transmit, publish, display, license, create derivative works from or sell any product, services, information or software obtained from this Website.
§6.2 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve the right to monitor and to bar any such activity and your use of the Website hereby authorises us to monitor your use of the Website and its content.
§7. Liability and Indemnification
§7.1 We are an affiliate of the Provider to the extent that we may earn a sales commission from referrals. Otherwise, we are an independent contractor and nothing on this Website shall be construed to imply that there is any relationship between us and the Provider and/or any of the Hotels whose accommodation or products are contained or referred to in the Website. Consequently, we do not accept liability for any loss or damage or other sum or claim of any nature whatsoever (direct, indirect, consequential or other) which arises, directly or indirectly, in connection with your dealings with the Provider and/or Hotels, including, for the avoidance of doubt and not by way of limitation, any use of any information or material contained in the Website or any inability to access or use the Website.
§7.2 Commentary and other materials appearing on the Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Website, or by anyone who may be informed of any of its contents.
§8. Intellectual Property Rights
§8.1 Indistay is a trademark of Indistay Pte. Ltd. You agree not to display or use in any manner any of our trademarks without our prior permission. All contents of the Website are copyrighted: Indistay Pte. Ltd. 2016. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.
§8.2 All concepts, information and materials contained in or displayed on the Website are the proprietary property of us or our licensors, and are protected by copyright, trade secret, and other applicable laws. This Website is intended for your personal and non-commercial use. No part of this Website may be reproduced in any form without our prior consent, other than temporarily in the course of using our service or to keep a record of a transaction entered into using our service. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or in any other way use any material, information, products or services contained or featured on this Website.
§9.1 These Terms and Conditions constitute the entire agreement between you and us and governs your use of the Website, superseding any prior agreements between you and us with respect to the Website.
§9.2 If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this agreement shall continue in effect. Such omission shall not affect the validity, effectiveness or enforceability of the other provisions of these Terms and Conditions.
§9.3 We reserve the right, at our sole discretion, to revise and update these Terms and Conditions at any time without further notice. Your continued usage of the Website after such changes constitutes your acceptance of those changes.
§9.4 Headings are for reference purposes only and do not limit the scope or extent of such section.
§10.1 Any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be in Singapore, and the Tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of the SIAC.
§11. Law & Jurisdiction
§11.1 The laws in force in Singapore shall apply and the parties hereby submit to the exclusive jurisdiction of the SIAC and the courts situated in Singapore.
§12. Contact Details
All of our services are rendered by Indistay Pte. Ltd., which is a private limited liability company, incorporated under the laws of Singapore, having its registered address at 20 Maxwell Road, #09-17, Maxwell House, Singapore 069113 and is registered with the Accounting and Corporate Regulatory Authority of Singapore under company registration number 201326379Z.
We thank you for visiting Indistay.com and hope that you find our Terms and Conditions informative. For further information or to learn more about us, please also refer to our Policies and FAQs or write to us at email@example.com.