Terms of Services – For User
Please read these terms of service carefully. This is a legal agreement between Activpass and you which governs your use of the services. Your use of the services constitutes your acceptance of and agreement to all of the terms and conditions in these terms of service and your representation that you are 18 years of age or older. If you object to anything in these terms of service, you are not permitted to use the services.
The Activpass Services
Through the mobile app (“App”), Activpass provides an online platform through which all types of beauty, wellness and fitness service providers and professionals, (collectively the “Service Providers” and “Professionals”), can advertise their services for reservation, and through which visitors (“Customer”, “Client”, “you”, “user”) to the mobile app can make such reservations after registration. By making a reservation through Activpass you enter into a direct (legally binding) contractual relationship with the Service Provider at which you book. From the point of reservation made by you, we act solely as an intermediary between you and the Service Provider, transmitting the details of your reservation to the relevant Service Provider and sending you a confirmation email (push notification) for and on behalf of the Service Provider. The reservation is valid from the point of its booking online and independent from any confirmation send. The booked Service can be cancelled or rescheduled to another time online and without any charges up to 24 hours or a time stipulated by the Service Provider before the appointment.
The information that we disclose on the Apps is based on the information provided to us by the Service Provider. As such, the Service Providers are given access to our system through which they are fully responsible for updating all rates, availability and other information which is displayed on our App. Although we will use reasonable skill and care in performing our services we will not be able to verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our App. Our App does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any service made available.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor, display, download or reproduce any content or information, software, products or services available on our App for any commercial or competitive activity or purpose.
By signing up with Activpass, you agree to receive certain email and other communications in connection with the Platform and/or Service. For example, you might receive review requests, activity reservation confirmation, cancellation confirmation as well as notice that a Gift Card has been sent to you. Communications relating to your Account will only be sent for important purposes, such as password recovery. You will also receive our e-mail newsletter from time to time. You can opt-out from receiving our e-mail newsletter by clicking the “Unsubscribe” link at the bottom of the e-mail newsletter.
2. REGISTRATION AND CUSTOMER’S ACCOUNT
The Customer has to register to make a booking via the (mobile app). When registering for the use of the Services, the Customer agrees to provide true, accurate, current and complete information as prompted by the registration process and as requested from time to time by Activpass. You may withdraw such consent by writing in to Activpass and Attention it to “Personal Data Protection Officer”.
Once registration has been accepted, a username and password will be created and supplied to the Customer in order to provide access to the Services. The Customer authorises Activpass to use his personal data in order to enable the contact between the Service provider and the Customer.
Customers are allowed to link to third-party application accounts, such as Facebook, Twitter and Instagram. The Customer permits Activpass to make publications in third-party applications for means of advertisement, without violation of the terms and conditions of these third-party application accounts. By granting Activpass access to third-party accounts, the Customer acknowledges that Activpass may access, deliver and store (if applicable) any content that the Customer has provided and stored in his third-party account, so that it is available through his account. The account/profile of every Customer is personal and not transferable. Activpass reserves the right to delete an account without any justification and prevent further use of the Services by blocking access to the Activpass Platform. Blocked Customers are not allowed to create new profiles or accounts. The Customer is granted the right to request, at any time, his account cancellation. To do so, he must provide Activpass with a written notification sent via email to firstname.lastname@example.org stating his full name and registration details with a request to cancel his account.
All prices on the Activpass Apps are displayed including GST and all other taxes (subject to change of such taxes), meaning the shown price online is always the final amount charged.
Our service is free of charge and we will not charge you for our service or add any additional reservation fees.
Obvious errors and mistakes (including misprints) are not binding.
4. PAYMENT, ADJUSTMENTS TO BOOKING AND CANCELLATION
All booked Service will need to be secured by a valid debit/ credit card.
Once the reservation is made the Customer is obliged to pay the full amount of the booked Service. If you wish to review or adjust your reservation, please login the App and follow the instructions therein. Alternatively, please call the Service Provider directly. Please note that an adjustment, concerning the booking time can be made up to 24 hours before the appointment, by you the customer, after that you will be charged the full amount of the service booked for your cancellation or having not shown up to your scheduled appointment.
Payment is safely processed from your credit/debit card or bank account to the bank account of the Service Provider through a third party payment processor. The Services allow Customers to pay and Service Provider to accept payments for Services, payments initiated with Cards bearing the trademarks of MasterCard International Inc. and Visa Inc. Activpass facilitates the processing of payments Service Provider receive from Customers. This means that we collect, analyze and relay information generated in connection with these payments. You authorise us to process payments in accordance with the Services, using the payment information you have supplied.
5. REFUND POLICY
If a Customer who pays for a service that suffers a lapse in service standard, Customer may be eligible for a refund.
Activpass (at our discretion) will provide the Customer with a refund or use reasonable efforts to replace it with a comparable service. The amount of refund will depend on the nature of the service lapse. The refund amount will be in the form of Activpass Points back into the Customer’s mobile application’s wallet.
Service lapses include the following:
- the Service provider cancels the appointment 24 hours or less before the scheduled start of the appointment
- the Service Provider fails to provide the Customer with the reasonable ability to access the service
- the description of the service in the listing on the Mobile Application is materially different from the actual service
All service lapses are to be reported to Activpass within 3 hours from the start of the service.
This refund policy does not apply to the purchase of Service Provider’s packages. Decisions by Activpass regarding refund will be final.
6. SERVICE PROVIDER’S PROGRAMS
Service Provider may offer Service Provider specific programs (for example, loyalty stamps) to Customers using the Activpass platform. If a Service Provider offers such a program, the Service Provider and not Activpass, is responsible for ensuring that the program and any associated rewards are compliant with applicable state laws, including laws governing sale of packages, rebates and coupons. The Service Provider agree to make available to Customers any terms and conditions applicable to such Service Provider ‘s program.
In the event, the Service Provider intends to discontinue the specific program, it is the obligation of the Service Provider to ensure that the affected customers are informed in advance and fairly compensated, if deemed appropriate by the Service Provider.
7. SERVICE PROVIDER’S PACKAGES
Packages purchased by the customer is non-cancellable and non-refundable. It is the ultimate responsibility of the Service Provider to manage any cancellation or refund of purchased packages.
The customer can book the services offered in the package purchased through the App. In the event, the customer cancels the service of the package booked before the stipulated cancellation period, the Customer’s package will be credited back the unused Service. In the event, the customer cancels the service of the package booked after the stipulated cancellation period, the customer’s package will need to contact the service directly to cancel the Service booked.
In the event, the customer is a no show if the service of the package booked, the service will be considered as being fulfilled and deducted from the customer’s package purchased.
In the event, the Service Provider intends to discontinue the packages listed on the app, it is the obligation of the Service Provider to inform the customer and fulfill the remainder Services left in the package purchased by the customer.
8. ACTIVPASS PROGRAMS
- Customer Programs
Activpass may from time to time provide certain programs such as reward points program, promotions, activities, and contests to customers (“Activpass Programs”). Activpass may at any time in its sole discretion, change, modify, add to, supplement or delete the terms and conditions of any Activpass Program, including without limitation changing the name, fees and eligibility requirements to participate in such Activpass Program. We will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so. In any case, the liability of any of Activpass’s partners pursuant to such Activpass Programs shall be limited as described in these Terms of Service.
The Activpass Programs may, among other things, offer certain benefits to Customers for referring Service Providers or Customers to the Services. Activpass may offer certain premium services for additional fees to certain Customers.
Activpass will endeavour to make available the general terms and conditions for Activpass programs on the Website or App.
If any future changes to these Terms of Service are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you should terminate, and immediately stop using the Services.
- Activpass Points Program
By signing up for the Services or referring your friends to the Services or by engaging in other activities via the Services, you may be able to receive “Activpass Points”. Activpass Points are points awarded to a Customer by the Services that the customer has paid and used. The Activpass Points may be applied as credits toward future Services purchases made by Customers.
Activpass Points have no cash value and may only be redeemed for Activpass Services or Products.
Activpass may, at any time or for any reason, change or modify the amount of Activpass Points awarded for purchases of Services and the amount of Activpass Points required to be redeemed for eligible Beauty, Wellness and Fitness Services or products. In addition, the scope, variety, and type of Beauty, Wellness and Fitness Services and products that you may obtain by redeeming Activpass Points may change at any time.
Activpass Points can only be earned on the outstanding amount that the Customer pays with debit or credit cards. Activpass points will not be earned on the full amount of the Service if it has been offset by discount codes, Activpass Points, vouchers or combination of the mentioned. Activpass Points will not be earned for payment of Services made at the Service Provider’s place of business.
- Earn – For every $1 that you spend (i.e. amount debited from your card) on Activpass, you will be awarded 2 Activpass Points. All points earned are rounded down to nearest whole number.
- Redeem – You can redeem 100 Activpass points in your wallet for $1 off your next booking.
Activpass Points can be accrued solely by a Customer and a Customer may not earn Activpass Points by permitting another individual or Service Provider to use their Account. Activpass Points accrued in multiple Accounts may not be combined or transferred into one Account. You may not earn Activpass Points by creating multiple Accounts and creating multiple Accounts may result in a permanent ban and removal of all Activpass Points accrued by all the Accounts.
By acquiring Activpass Points, you agree and acknowledge that the Company is granting you a limited, revocable license to a digital item, and that Activpass Points are not your personal property. You may not obtain any cash or money in exchange for Activpass Points. Activpass Points are non-transferrable. Customer are responsible for keeping track of the Activpass Points in their Accounts. You may only redeem Activpass Points after the Activpass Points are reflected in your Account.
All Activpass Points expire six (6) months from the date following the last credit or debit to your account. If for some reason you believe that there is a discrepancy regarding your balance of Activpass Points, please contact Activpass. We may require to you to submit additional information in order to make a determination regarding your balance. All decisions by Activpass regarding your balance will be final and at the Company’s sole discretion.
Without limiting any other terms of these Term of Service and subject to applicable law, all Activpass Points shall be forfeited if your Account is terminated or suspended for any reason, in the Company’s sole discretion, or if the Company discontinues providing the Services.
All Activpass Points will be credited into your Wallet 72 hours after your credit or debit card has been charged.
- Gift Cards
At Activpass’s sole discretion, the Company may issue to certain Users gift cards (“Gift Cards”) that can be used to pay for Services and fees or expenses associated with the Services.
The value of the gift cards will be given to the users in the form of Activpass Points.
The Activpass Points obtained via Gift Cards will have an expiry of six (6) months. The activation codes for the Gift Cards are not replaceable if lost or stolen and have six (6) months expiry.
Gift card(s) purchased by the customer are non-cancellable and non-refundable. Gift Cards are not redeemable by the Customer for cash. Depending on the nature of transaction, Activpass may decide that Gift Card cannot be combined with any other coupons for any given individual transaction on the Website. A Gift Card cannot be used as a credit or debit card. Company reserves the right to limit quantities of Gift Cards purchased by any User and cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorised means.
No debit card, credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance or Activpass Points equivalent, the Gift Card holder must pay the difference by another means. Company reserves the right to correct the balance of a Gift Card if Company believes that a billing error has occurred. Company disclaims all liability for any such billing errors. Gift Cards and their use are subject to these Terms of Service, and use of a Gift Card constitutes acceptance hereof.
Customers can post reviews concerning the Services provided on our website. Reviews must be based on concrete facts, be fair and objective and not contain any type of content that might be considered as defamatory, offensive, abusive, infringing intellectual property rights or illegal. The completed customer review may be uploaded on our website for the sole purpose of informing future customers of your opinion of the service level and quality of the Service and wholly or partly used and placed by Activpass at its sole discretion, e.g. for marketing, promotion or improvement of our service, on our website or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Activpass.
We reserve the right to adjust, refuse or remove reviews that violate the conditions set out above.
10. USE OF SERVICES; LIMITATIONS AND CHANGES TO THE SERVICES.
We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without prior notice or reason. You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Activpass shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Activpass has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.
We will make reasonable efforts to keep the Services operational 24/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 24 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, Acts of God, (i.e. flood, fire, earthquakes), civil unrest, acts of terror, strikes or other labor problems, acts of government, or Internet service provider failures or delays.
11. PROPRIETARY RIGHTS AND INTELLECTUAL PROPERTY
The Services contains content and technology of Activpass that is protected by copyright, trademark, patent, trade secret and other laws. Activpass owns intellectual property rights to any protectable part of the Services, including but not limited to the design, artwork, logos, functionality, and documentation (collectively, the “Company Property”). You may not copy, modify, or reverse engineer any part of the Services or the Company Property.
In order to operate the Services, the Company needs to make certain use of your publicly posted Content. Therefore, by posting, uploading or submitting to Activpass or making available for inclusion in publicly accessible areas of Activpass any text, images, photos, graphics, audio or video, including any content protected by intellectual property rights (collectively, “Content”), you represent that you have full authorization to do so. You also hereby grant Activpass a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such Content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such Content on Activpass and will terminate at the time such Content is removed from the Services by you or by Activpass; provided that the license will not terminate and will continue notwithstanding any removal of the Content or termination of your use of the Services to the extent that Activpass needs to use such Content in connection with any investigation or in compliance with any laws.
You expressly understand and agree to the following:
Your use of the services is at your sole risk. You are fully and solely responsible for your interactions with other users and you agree that it is solely your responsibility to take reasonable precautions in all actions and interactions with other service providers and customers and in the provision or receipt of services. Activpass is not responsible for the conduct, whether online or offline, of any user of the services. Activpass is under no obligation to, and does not routinely, screen its users, inquire into the background of its users or attempt to verify information provided by any user. We reserve the right, but have no obligation, to monitor disputes between you and other customers. Please carefully select the type of information that you post on the services or through the services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other participants or users.
It is possible for others to obtain personal information about you due to your use of the services, and that the recipient may use such information to harass or injure you. We are not responsible for the use of any personal information that you disclose on the services or through the services. You understand that in using the services, sensitive information will travel through third-party infrastructure that is not under Activpass’s control (such as third-party servers). Activpass makes no warranty with respect to the security of such third-party infrastructure.
The services are provided on an “as is” and “as available” basis. Activpass and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Activpass makes no warranty that (i) the services will meet your requirements or expectations, (ii) that your access to or use of the services will be uninterrupted, timely, secure or error free, (iii) that any defects in the services will be corrected, or (iv) that the services or any server through which you access the services is free of viruses or other harmful components.
Activpass makes no representations or warranties about the quality, suitability, reliability, timing, durability, legality, or any other aspect of beauty, wellness and fitness services offered or provided by service providers or requested by customers through use of the services whether in public, private, or offline interactions or about the accreditation, registration or license of any service providers.
Any material downloaded or otherwise obtained through the use of the App is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from activpass or through or from the services shall create any warranty not expressly stated in these terms of service.
13. LIMITATION OF LIABILITY AND RELEASE
To the fullest extent permitted by law, in no event shall Activpass or its affiliates, officers, employees, agents, partners and licensors be liable for any damages whatsoever, whether direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for bodily injury or emotional distress and damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) beauty, wellness and fitness services facilitated by the services or any interactions between users, including without limitation any liabilities arising in connection with the conduct, act or omission of any customer (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property) or any dispute with any customer; (iii) statements or conduct of any third party on the service; (iv) any unauthorised access to or alteration of the services or your data or transmissions; or (v) any other matter relating to the services.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Activpass expressly disclaims any liability that may arise between customers related to or arising from use of the services. Because Activpass is not involved in the actual interactions between service providers and customers or in the provision of any styling services, you hereby release and forever discharge Activpass and its affiliates, officers, directors, employees, agents and licensors from any and all claims, demands, damages (actual or consequential) of every kind and nature, whether known or unknown, contingent or liquidated, arising from or related to any dispute or interactions with any other user, whether online or in person, whether related to the provision of beauty, wellness and fitness services or otherwise.
You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Services; (ii) Beauty, Wellness and Fitness Services facilitated by the App or any interaction between you and another user; (iii) your violation of any term of these Terms of Service; (iv) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (v) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Services.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
17. MISCELLANEOUS AND CHANGES
These Terms of Service, including all referenced and/or incorporated exhibits or policies, programs and guidelines, constitute the entire agreement between you and the Company concerning the subject matter herein and the use of the Services and supersede any and all previous agreements, written or oral, between you and the Company, including previous versions of these Terms of Service.
The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and all referenced and/or incorporated exhibits or policies, programs and guidelines.
If any future changes to these Terms of Service Fare unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate, and immediately stop using, the Services. Your continued use of the Services following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
The Company may assign these Terms of Service or any other agreement with you in whole or part at any time.
These Terms of Service and the relationship between you, Service Providers, Professionals and Activpass shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the Republic of Singapore.
Any failure of the Company to enforce or exercise a right provided in these Terms of Service is not a waiver of that right.
Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
You and the Company both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.