Last updated: 1 August 2016
If you are using the Site, Application or Services (as defined below), you are contracting with Footloos Pte Ltd (hereafter Footloos), a company incorporated in Singapore with its place of business at 30 Cecil Street, #19-08 Prudential Tower, 049712. Company registration number 201600050H.
Footloos provides services of an online marketplace and platform that connects Hosts (as defined below) with Travelers (as defined below) seeking information on and/or to book Host Experiences (as defined below) including, but not limited to, activities, tours, adventures, courses and special deals (collectively, the "Services”), which Services are accessible at https://www.footloos.com (collectively, the "Site”) and as an application for mobile devices (the "Application”). By using the Site or Application, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site, Application and Services and all Collective Content (as defined below), and constitute a binding legal agreement between you and Footloos.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
The Site, Application, and Services comprise an online platform through which Hosts (as defined below) may create Listings (as defined below) relating to the Experiences (as defined below) and Travelers (as defined below) may learn and book these Experiences directly with the Host through Services. You understand and agree that Footloos is not a party to any agreement entered into between Hosts and Travelers. Footloos has no control over the conduct of the Hosts and the Travelers and disclaims all liability in this regard to the maximum extent permitted by the Singaporean law.
IMPORTANT: FOOTLOOS RESPONSIBILITIES ARE LIMITED TO: (I) FACILITATING THE AVAILABILITY OF THE SITE, APPLICATION AND SERVICES; AND (II) SERVING AS THE LIMITED PAYMENT COLLECTION AGENT OF EACH HOST FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM TRAVELERS ON BEHALF OF THE HOST.
1. KEY TERMS
" Footloos Content” means all Content that Footloos makes available through the Site, Application, or Services.
"Collective Content” means Member Content and Footloos Content.
"Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Experience” means a service provided by a Host and represented by its Listing that is categorized on Site and Application. Experiences include but not limited to activities, tours, adventures, special deals and offers, courses, events, and rentals. Categories of accepted Experiences can be found on Site’s and Application’s home pages under Themes description.
"Host” means a Member who creates a Listing via the Site, Application, and Services, undertaking all liability with respect to the contents in each Listing. The Hosts include, but not limited to, independent activity providers, tour operators, hotels and other local service providers. Footloos approves only qualified Hosts following the strict guidance.
"Listing” means an Experience that is listed by a Host for information purposes and/or as available for booking via the Site, Application, and Services.
"Member” means a person who completes Footloos’ account registration process on the Site as a Host and/or Traveler.
"Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, Application or Services.
"Traveler” means a user without Footloos account seeking access to data, information, points of interest, activities, tours, special deals and other Experiences via the Site, Application or Services; or a Member who books an Experience from Host via the Site, Application or Services.
Footloos reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on this page and will indicate at the top of this page the date when these terms were last revised. By continuing to access or use the Site, Application or Services after we have posted a modification on this page, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application, and Services.
The Site, Application, and Services are intended solely for persons who are 18 or older (or in any case subjects with "legal capacity to act" according to the rules of their country of reference). Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older or that you are a subject with legal capacity to act.
4. HOW THE SITE, APPLICATION AND SERVICES WORK
The Site, Application, and Services can be used to facilitate the listing and booking of Experiences. Such Services related to the booking of Experiences are included in Listings on the Site, Application, and Services by the Hosts. You may view Listings as an unregistered visitor to the Site, Application, and Services; however, if you wish to book an Experience, you must first register to create a Footloos Account (defined below).
As stated above, Footloos makes available an online platform with related technology for Travelers and Hosts to meet online and arrange for booking of Experiences directly with each other. Footloos is not an owner or operator of Experiences, and Footloos does own, sell, resell, provide, rent, manage, and/or control Experiences. Please note that, as stated above, the Site, Application, and Services are intended to be used to facilitate Hosts and Travelers connecting and booking experiences directly with each other. Unless explicitly specified otherwise in the Footloos platform, Footloos’ responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services, and (ii) serving as the limited payment collection agent of each Host for the purpose of accepting payments from Travelers on behalf of the Host.
Please note that Footloos cannot and does not control the content contained in any listings and the condition, legality or suitability of any Experience. Footloos is not responsible for and disclaims any and all liability related to any and all listings and experiences. Accordingly, any booking will be made at the Traveler’s own risk.
5. ACCOUNT REGISTRATION
In order to access certain features of the Site and Application, and to book an Experience, you must register to create an account (" Footloos Account”) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS”) (including, but not limited to, Facebook); each such account, a "Third-Party Account”, via our Site or Application, as described below. As part of the functionality of the Site, Application, and Services, you may link your Footloos Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Footloos through the Site, Services or Application; or (ii) allowing Footloos to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account.
6. LISTING OF EXPERIENCE
As a Host, you may create Listings. To create a Listing, you will be asked a variety of questions about the Experience to be listed, including, but not limited to, the location, theme of experience, category of experience, price, availability of experience, duration, languages your experience is available in, relevant inclusions, booking requirements and cancellation terms. Once approved by Footloos, Listings will be made publicly available via the Site, Application, and Services. You understand and agree that the placement of ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Traveler and Host preferences, Traveler reviews, Footloos proprietary rating algorithms based on number of views, bookings and wish- lists, as well as ease of booking. Other Members will be able to book your Experience via the Site, Application, and Services based upon the information provided in your Listing.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you present and warrant that any Listing you post and the booking of, or a Traveler’s participation in, and Experience in a Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Experience included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties.
Please note that
If you choose to create a Listing on Footloos, you understand and agree that your relationship with Footloos is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Footloos for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Footloos. Footloos does not control, and has no right to control, your Listing, your offline activities associated with your Listing, or any other matters related to any Listing, that you provide. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Footloos, including by inappropriately using any Footloos intellectual property.
7. BOOKINGS AND FINANCIAL TERMS
A. Key definitions
"Booking Request Period” means the time period starting from the time when a booking is requested by a Traveler (as determined by Footloos in its sole discretion), within which a Host may decide whether to confirm or reject that booking request, as stated on the Site, Application or Services.
"Experience Fee" means the amounts that are due and payable by a Traveler in exchange for that Traveler’s participation in and use of an Experience. The Host alone, and not Footloos, is responsible for the Experience Fee for his or her Listing. The Host may in his or her sole discretion decide to include in these amounts (i) a pickup fee or any other fee stated in the Listing’s inclusions, or (ii) Taxes that the Host determines that he or she has to collect.
"Host Fees" means the fee that Footloos charges a Host for the use of the Services, which is calculated as a percentage of the applicable Experience Fees. The Host Fees are displayed in Host’s Footloos Account page.
"Total Fees" means collectively the Experience Fees plus any Taxes.
"Payment Method" means a payment method that you have added to your Footloos Account, such as a credit or debit card (where available).
"Payout Method” means a payout method that you have added to your Footloos Account, such as direct deposit, a prepaid card or a debit card (where available).
”Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), tourist or other visitor taxes, fees that may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
B. Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your Experience via the Site, Application or Services, you will be required to either pre-approve, confirm or reject the booking request within the Booking Request Period, otherwise the booking request will automatically expire. When a booking is requested via the Site, Application or Services, Footloos will share with you (i) the first and last name of the Traveler who has requested the booking, (ii) a link to the Traveler's Footloos Account profile page, and (iii) if the Traveler and Host have both connected their Footloos accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS. If you are unable to confirm or decide to reject a booking request within the Booking Request Period, any amounts collected by Footloos for the requested booking will be refunded to the applicable Traveler. When you confirm a booking requested by a Traveler, Footloos will send you an email, text message or message via the Application confirming such booking, depending on the selections you make via the Site, Application and Services.
Payment processing services for Footloos are powered by Omise (" Omise") and are subject to the Omise Terms and Conditions (" Omise Terms"). By agreeing to these Terms or continuing to operate as a Host on Footloos, you agree to be bound by the Omise Terms, as the same may be modified by Omise from time to time. As a condition of Footloos enabling payment processing services through Omise, you agree to provide Footloos accurate and complete information about you and your business, and you authorize Footloos to share it and transaction information related to your use of the payment processing services provided by Omise.
Each Host hereby appoints Footloos as the Host’s limited payment collection agent solely for the purpose of accepting the Experience Fees from Travelers. Each Host agrees that payment made by a Traveler through the Site, Application, and Services shall be considered the same as a payment made directly to the Host, and the Host will make the Experience available to the Traveler in the agreed-upon manner as if the Host has received the Experience Fees. Each Host understands that Footloos accepts payments from Travelers as the Host’s limited payment collection agent and that Footloos’ obligation to pay the Host is subject to and conditional upon successful receipt of the associated payments from Travelers. Footloos does not guarantee payments to Hosts for amounts that have not been successfully received by Footloos from Travelers. In accepting appointment as the limited collection agent of the Host, Footloos assumes no liability for any acts or omissions of the Host.
Footloos will collect the Total Fees from Travelers at the time of the booking request or upon the Host's confirmation. Footloos will initiate a bank transfer of the Experience Fees ( less Host Fees and any Taxes in respect of the Host Fees) to the bank account of the Host that is specified in your Footloos Account under Payout Method. In most cases within 7 days (or earlier) after completion of scheduled Experience by the Traveler (except to the extent that a refund is due to the Traveler).
Each Host agrees that Footloos may, in accordance with the Cancellation Policy selected by the Host and reflected in the relevant Listing, (i) permit the Traveler to cancel the booking and (ii) refund to the Traveler that portion of the Experience Fee specified in the applicable cancellation policy.
C. Bookings and Financial Terms for Travelers
The Hosts, not Footloos, are solely responsible for honoring any confirmed bookings and making available any Experiences reserved through the Site, Application, and Services. If you, as a Traveler, choose to enter into a transaction with a Host for the booking of an Experience, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any terms, conditions, rules and restrictions associated with such Experience imposed by the Host. You acknowledge and agree that you, and not Footloos, will be responsible for performing the obligations of any such agreements, that Footloos is not a party to such agreements, and that, with the exception of Footloos payments' obligations, Footloos (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
The Total Fees payable will be displayed to a Traveler before the Traveler sends a booking request to a Host. As noted above, the Host is required to either pre-approve, confirm or reject the booking request within the Booking Request Period; otherwise, the requested booking will be automatically canceled. Upon receipt of your booking request, Footloos may initiate a pre- authorization and/or charge the full amount of the Total Fees to your Payment Method. If a requested booking is canceled (i.e. not confirmed by the applicable Host), any amounts collected by Footloos will be refunded to such Traveler, depending on the selections the Traveler makes via the Site and Application, and any pre-authorization of such Traveler's Payment Method will be released, if applicable.
You as a Traveler agree to pay the Total Fees for any booking requested, and in most cases confirmed, in connection with your
Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
D. Host Fees
In consideration for the use of Footloos online marketplace and platform, Footloos charges Host Fees. Footloos deducts the Host Fees from the Experience Fees before remitting the balance to the Host as described in Section B above. Host Fee depends on the price of the Experience. Host decides on the price of Experience when creating the Listing via the Site and Application.
More information on any such costs or deductions will be available via the Site and Application in your
E. Booking Modifications
You as a Traveler or Host are responsible for any modifications to a booking that you direct Footloos Customer Service to make, and you agree to pay any Experience Fees, Traveler Fees, Host Fees, Services Fees, and/or Taxes associated with such booking modifications.
8. CANCELATIONS AND REFUNDS
If, as a Traveler, you wish to cancel a confirmed booking made via the Site, Application, and Services, either prior to or after arriving at the Experience, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Experience Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.
If a Host cancels a confirmed booking made via the Site, Services, and Application, (i) Footloos will refund the Total Fees for such booking to the applicable Traveler and (ii) the Traveler will receive an email or other communication from Footloos containing alternative Listings and other related information. If the Traveler requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Traveler’s requested booking, then the Traveler agrees to pay Footloos the Total Fees relating to the confirmed booking for the Experience in the alternative Listing, in accordance with these Terms. If a Host canceled a confirmed booking and you, as a Traveler, have not received an email or other communication from Footloos, please contact [email protected]
If, as a Host, you cancel a confirmed booking in any cases other than those acknowledged by you during your Listing creation, you agree that Footloos may apply penalties or consequences to you or your Listing, including (i) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, or (ii) imposing a cancellation fee, or (iii) terminating your Member Account. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
In certain circumstances, Footloos may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application, and Services. Footloos may also determine, in its sole discretion, to refund to the Traveler part or all of the amounts charged to the Traveler. You agree that Footloos and the relevant Traveler or Host will not have any liability for such cancellations or refunds.
9. FOREIGN CURRENCY
Footloos online platform facilitates bookings between Travelers and Hosts who may prefer to pay in a currency different from their destination currency, which may require foreign currency conversions to accommodate these differing currency preferences. Although the Footloos platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
A. Key definitions
"Display Currency” means the currency in which users view Listing prices on the Footloos platform. Travelers may choose and change the Display Currency in order to view the pricing for a Listing in a number of different supported currencies.
"Booking Currency” means the currency in which a Traveler has to pay for his or her booking. At the time the Traveler submits a booking request, the Footloos platform will select the Booking Currency, based on the Traveler’s country of origin and the payment methods available for that country.
"Listing Currency” means the default currency associated with the country in which the Listing is located. For example, the Listing Currency for an Experience located in Thailand would be Thai Baht.
"Base Exchange Rate” means a system-wide rate used by Footloos for foreign currency conversion that is in effect at the time the foreign currency conversion is processed and does not include any fee or markup by Footloos. However, unless otherwise indicated, Footloos will apply to Travelers (which shall be paid on the Site based on its own currency) a conversion rate to be calculated on the amount paid.
B. Foreign currency conversions on the
- The Display Currency is different from the Listing Currency when a user views a Listing: Footloos will calculate the estimated Total Fees in the Display Currency, by applying the Base Exchange Rate at the time of the view to the estimated Total Fees in the Listing Currency.
- The Booking Currency is different from the Listing Currency when a Traveler submits a booking request for a Listing: Footloos will calculate the Total Fees in the Booking Currency, by applying the Base Exchange Rate at the time of the booking request to the Total Fees in the Listing Currency. The Traveler will be able to view the actual exchange rate applied. The Traveler Fee will be calculated based on the Experience Fee in the Booking Currency (i.e. after conversion from the Listing Currency). The Base Exchange Rate will be applied if the Display Currency is the same as the Booking Currency, and it is different from the Listing Currency for the Listing.
- When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: the foreign currency conversion for any additional payments required of the Traveler or any refund to the Traveler will be processed at the same rate as applied to the earlier payment by the Traveler.
- When you as a Traveler submit a booking request for a Listing, you will be able to view the actual exchange rate used to calculate the Total Fees in the Booking Currency. Where the Base Exchange Rate is applied, you will be able to view the mark-up included in the rate. The actual exchange rate (and any mark-up included in the rate) will also be stated in the billing receipt for your booking.
Footloos updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, Footloos does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout if your card or bank account is denominated in a currency that is different from the Booking Currency. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to Footloos.
10. USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, provincial, national, or other law or regulation;
- use manual or automated software, devices, scripts, robots or other means or processes to access, "scrape,” "crawl” or "spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- register for more than one Footloos Account or register for an Footloos Account on behalf of an individual other than yourself;
- contact a Host for any purpose other than asking a question related to a booking, such as Experience or Listing;
- recruit or otherwise solicit any Host or other Member to join third-party services or websites that are competitive to Footloos, without Footloos’ prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Host or Traveler and then complete a booking of an Experience independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Footloos’ provision of the Services or for any other reasons;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Footloos name, any Footloos trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Footloos express written consent;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information.
Footloos has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Footloos may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Footloos or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Footloos , its users, or members of the public.
The Site, Application, Services, and Collective Content are protected by copyright. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Footloos and its licensors.
13. MEMBER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application and Services, you hereby grant to Footloos a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application, and Services. Footloos does not claim any ownership rights in any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, and Services.
The Site, Application, and Services may contain links to third-party websites or resources. You acknowledge and agree that Footloos is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Footloos of such websites or resources or the content, products, or services available from such websites or resources.
Some portions of the
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site, Application, and Services ("Feedback"). You may submit Feedback by emailing us at [email protected] You can also post Feedback about the Host and Experience on the Site or the Application, after completing the Experience.
16. SUSPENSION, TERMINATION, AND
We may, at our sole discretion, and without liability to you, in the event of the violation of any of the conditions contained in these Terms, or - more generally - for whatever attitude does not conform to the law or to the information provided by
You may cancel (even temporarily, and you could decide to reactivate it at any time) your
If you choose to use the Site, Application, Services or Collective Content, you do so at your sole risk. You acknowledge and agree that
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FOOTLOOS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FOOTLOOS MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY EXPERIENCES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FOOTLOOS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, EXPERIENCES, HOSTS, TRAVELERS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, AND SERVICES.
You are solely responsible for all of your communications and interactions with other users of the Site, Application or Services and with other persons with whom you can communicate or interact as a result of your use of the Site, Application or Services, including, but not limited to, any Hosts or Travelers. You understand that Footloos does not make any attempt to verify the statements of the Members of the Site, Application or Services, or to review or visit all Experiences.
18. LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Application, Services and Collective Content, your Listing or booking of any Experiences via the Site, Application and Services, and any contact you have with other users of Footloos whether in person or online remains with you. Neither Footloos nor any other party involved in creating, producing, or delivering the Site, Application, Services, and Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Site, Application, Services or Collective Content, from any communications, interactions or meetings with other users of the Site, Application, or Services or other persons with whom you communicate or interact as a result of your use of the Site, Application, and Services, or from your Listing or booking of any Experience via the Site, Application and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Footloos has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Hosts pursuant to these Terms, in no event will Footloos’ aggregate liability arising out of or in connection with these Terms and your use of the Site, Application, and Services including, but not limited to, from your Listing or booking of any Experience via the Site, Application and Services, or from the use of or inability to use the Site, Application, Services, or Collective Content or your participation in connection with any Experience or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Site, Application, and Services as a Traveler in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by Footloos to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Singapore dollars (SGD100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Footloos and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
You agree to release, defend, indemnify, and hold Footloos and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Experience, or (iii) creation of a Listing; (d) the use of and participation in Experience by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the use of and participation in Experience.
20. ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between Footloos and you regarding the Site, Application, Services, and Collective Content, and any bookings or Listings of Experiences made via the Site, Application and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Footloos and you regarding bookings or listings of Experiences, the Site, Application, Services, and Collective Content.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by
22. CONTROLLING LAW AND JURISDICTION
These Terms shall be governed by the laws of Singapore. You agree to submit to the exclusive jurisdiction of the Singapore courts.
Last updated: 1 August 2016