Terms and Conditions
ApeSnap.com, and its affiliated domain names, is operated by Hitchoo Pte. Ltd. ("Hitchoo" or "we" or "us"), a company registered in Singapore. This agreement applies to all of (i) ApeSnap.com and its affiliated domain names, ("ApeSnap.com" or "Website"), (ii) tools/ applications created by us for other sites including social networking sites, and (iii) any communication between us and you. (i), (ii), and (iii) are collectively known as "Hitchoo's services" or "Service" or "Services". By using Hitchoo's services, you (a) must fully accept the terms, conditions, and disclaimer contained herein, and agree to be legally bound by them (b) must be at least eighteen years old (c) certify and guarantee that you have the right, authority and capacity to enter into an Agreement with us (d) are truthful as to your age and any other information that you provide to us. You agree to comply with Singaporean law on internet usage, as well as the local laws of the area/ region/ country in which you reside in. If you do not accept these terms, or if you reside in an area/ region/ country that prohibits the use of our Service, you must immediately stop using Hitchoo's services.
LIABILITY. Subject to the clause on 'indemnity, disclaimers, and limitation of liability' and in addition to the terms mentioned in the 'indemnity, disclaimers, and limitation of liability' clause, you will not hold us liable should anything untoward happen to you as a result of using the service, or any use of/ access to any other websites or services linked to us. You will also indemnify us against all legal action, including third-party litigation.
SAFETY. If and when you communicate, attend any event or meet with any person through the use of this Service, you do so at your own risk. To ensure your own safety, you should take suitable precautions. We take no responsibility for consequences that play out (i) before, during and after you communicate or meet someone (ii) if anyone doesn't turn up for the scheduled event/ meeting and/or is late (iii) and you suffer harm, monetary or otherwise, as a result.
By creating an event on the Service, you agree that you will fulfill your roles as an organizer, the definition of which is to be determined by us.
COMMERCIAL PURPOSES. We have the right to regulate all activity on our Services, including commercial use of our services, by both natural persons and legal entities including organizations, companies, and/or businesses. Your usage of our Services is acceptance of our rules and regulations.
FEES AND SUBSCRIPTION. We reserve the right to amend the fees for the Service at any time but if you are affected by the changes, you will be given reasonable notice of this before we do so. If you are unhappy with any fee changes, you may terminate your membership (if any) and use of Hitchoo's services. We reserve the right to refuse access to the Service, and to terminate any membership at any time. There will be no refund of any monies or fees that are fully, partially, or not, utilized, in any circumstances. The only exception is when you have purchased a ticket to a paid event, and the event was cancelled by the event organiser.
You agree to give Hitchoo and its fee processing counterparty reasonable time to effect any change in payments or payment rules, and agree that any fee paid prior to the official change in payment will be under the prior rules. If there is any change in your payment details or if you become aware of an unauthorised or unlawful access to your payment details, payment account or mode of payment, you agree to inform us immediately. Failure to do so will mean that you permit us to continue processing any previously agreed payment, if any, for use of our Services. You further affirm that if such occurrences happen, you agree to give Hitchoo and its fee processing counterparty reasonable time to effect the cancellation, and agree that any fee paid prior to the official cancellation in writing of your payment arrangement by us will not be refundable in any form or kind.
Cancellation charges: If the event is cancelled more than 3 days to the start of the event, the event organizer will have to pay the Company a total administration fee of 10% X ticket price X number of tickets sold. If the cancellation is between 24hours to 72hours prior to the start of the event, then the administration fee will be 15% X ticket price X number of tickets sold. If the cancellation of the event is less than 24hours to the start of the event, then the administrative fee payable to us is 25% X ticket price X number of tickets sold. These charges are in addition to the full refund due from the event creator to all the ticket purchasers. The administrative fee and refunds must be paid within 2 months of the cancelled start date of the event, or legal action may be taken and an additional administrative fee of 20% of the amount owed will be charged to the event creator.
USER ACCOUNT, PASSWORD AND SECURITY. If any part of our Services requires you to open an account you will be required to complete the registration process by providing certain information and/or registering a username and password for use with that part of our Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account with us or any other third party (for example, facebook.com), whether or not accessible via username and password. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder.
ACCEPTABLE USE. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted, submitted or displayed (together 'posted') or transmitted, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that you may find inappropriate. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the any use of any Content transmitted via the Services and you agree to bear all risks associated with the use of our Services, any Content, including any reliance on the accuracy or completeness of such Content, and any reliance on the security of our Services and your information stored on, or made available through, our Services. In using the Website/Services you agree not to, and agree not to cause others to:
- use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
- post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, harmful, objectionable, indecent, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate, harm or violence towards any person or group on account of their race, religion, disability, political beliefs, nationality or otherwise;
- threaten, harm, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party; including copying, modifying, replicating, adapting, gathering of data, reverse engineering, approximating, disassemble, or other similar actions and processes, the design, architecture or any other part of our Services;
- supply information or content on people below 18 years old, or obtain personal data from anyone under 18 years old;
- make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another; or redirect anyone from our Services to any other web location for any purpose;
- collect or store passwords, personal information about others, including email addresses;
- advertise or offer to buy or sell goods or services or social functions or events for any commercial purpose, unless we specifically allows such messages in writing to you;
- impersonate any person or entity;
- violate any applicable laws or regulations;
- use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party's use and enjoyment of the Website/Services;
- post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement), including expressing or implying that any statement is endorsed by us;
- attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the our Services through hacking, password mining, 'bots' or any other means;
- provide or post information that is inaccurate or false;
- exhibit behaviour that could be deemed as inappropriate, or use our Services in an unauthorised manner
We have no obligation to monitor the Services but shall be entitled to investigate and review materials posted to a communications facility and, at our sole discretion, to remove any content and material that, in our view, breaches this Agreement or is otherwise deemed objectionable by us. This includes restricting access to our Services, and taking legal action against any party.
INDEMNITY, DISCLAIMERS AND LIMITATION OF LIABILITY. You agree that we will not be liable or responsible to you or any third person for any amount or kind of loss or damage that may result (including without limitation indirect, punitive or consequential loss whatsoever, loss of business, opportunity, data or profits whether or not the loss of such profits was foreseeable), whether in tort (including without limitation, negligence), contract, statutory law that is (i) connected in any way to our Service (ii) related in any way to the use, inability to use or the consequences of using our Services (iii) related to another user of our Services or a third party's conduct, use, inability to use, or the consequences of using our Services.
You agree to indemnify us, keep us indemnified, defend us, co-operate fully in our defence, follow our instructions as to our defence, and hold us harmless (a) from and against any breach by you of these terms and conditions and (b) from any claim or demand brought against us by any third party arising out of use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, any and all claims, actions, proceedings, losses, liabilities, damages, lost profits, awards, costs, expenses (including administrative and legal costs and expenses), any other losses and liabilities howsoever suffered or incurred by us in consequence or relates to your use of, or the inability to use our Services. Our Services are provided on an 'as is' and 'as available' basis without any representation or endorsement made and without warranty and conditions of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, use of reasonable care/skill, compatibility, security and accuracy.
For any disclaimer or liability that cannot be excluded or limited under applicable Singapore law, our total liability to you, regardless of the mode and form of the action, and regardless of the number of times of action, will be limited to the amount paid, if any, by you to us for the use of our Services.
We make no warranty that our Services will meet your expectations requirements, that Content will be accurate or reliable, that the functionality of our Services will be uninterrupted or error free, that defects will be corrected, that notice needs to be given when there is fault, or that the Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
We make no representations and warranties related to provision of our Services or which is or may be provided by any affiliates or any other third party, including any inaccuracies, reliability or omissions on our Services or statements or information displayed, uploaded or distributed by us or through us, our partners or affiliates or any other person or entity related to us. Use of our Services, or reliance on our Services or part there of, or reliance on elements related to us or our Services, in any shape or form, whether fully or partially or none at all, is at your own risk.
OWNERSHIP RIGHTS. Hitchoo owns all rights in our services (which contain trademarks, intellectual property, copyrights, proprietary information of Hitchoo and/ or our related parties including subsidiaries and licensees), whether or not these rights are registrable under any laws, and whether or not reduced, or capable to be reduced, to practice or to a tangible form. All materials provided by us are copyrighted and protected under world-wide copyright laws. All rights reserved. You are not allowed to abridge or infringe upon our rights in any way or form, including but not limited to edited, copied or transmitted without our explicit written permission. Usage of our services does not in any way imply portioning of or parting with, partial or otherwise, any rights we have to you. In addition, you shall promptly disclose in writing and hold in trust for the sole benefit of Hitchoo, and hereby asssign and transfer to us, your entire worldwide right, title and interest in and to all inventions, ideas, improvements, developments, products, designs, whether or not registrable under any laws, and whether or not reduced to practice or reduced to a tangible form, made, developed or conceived by you (whether made solely by you or jointly with others).
In addition, you are not to infringe upon the ownership rights of others, for example, posting copyrighted material without consent of the rightful owner.
TERMINATION. We may immediately terminate your membership (if any) and your access to the Service at any time if you have breached this Agreement. If you had paid or transferred any monies to us, or through us, we will not refund any monies, including any prior payments or advance payments. If Hitchoo has incurred any cost from dealing with your use of our services; for example, preparation of legal documents, you agree that we can claim the full cost from you at any time. We reserve the right to terminate your use of our service if the situation warrants it, without prior notice and without the need to give any reasons. If we terminate your use of our service, you agree that we have full right to do so, our decision is final and will give up any right of recourse, legal or otherwise, with respect to our decision. In the case of violation of one or more of the terms of this Agreement by you, we may block your account(s), delete prohibited content, prevent publication of all or part of your profile. We may also block your access to all or part of the Service, either permanently or temporarily.
RIGHTS OF THIRD PARTIES. The Contracts (Rights of Third Parties) Act does not and shall not apply to this Agreement and no third party has any right, could derive any benefit, or could enforce this Agreement.
MODIFICATIONS TO THIS AGREEMENT. We may change this agreement at any time in our sole discretion without notice. Any amendment shall take effect on the date specified by us. Your continued use of this site after the date specified constitutes your acceptance of any such changes to this agreement. You agree to review this agreement periodically to be aware of, and accept, such amendments.
SEVERABILITY AND ASSIGNMENT. The contents here are deemed to be the entire Agreement between us and you. If any of the terms in this Agreement should be determined to be invalid, illegal or unenforceable for any reason by the applicable court then such term shall be severed and the remaining Agreement shall survive and remain in full force and effect, continuing to be binding and enforceable.
With regards to this Agreement, we are allowed, while you are not allowed, to assign, convey or delegate any rights, duties, benefits or obligations contained herein.
DISPUTES. We have the right, but not the obligation, to mediate and decide if and when there is conflict between users of our Services. By using our Service, you agree that we have the authority to mediate and decide on what is an equitable solution for all involved parties. You agree to submit information as required by us, abide by the decision that we make, and that our decision is final.
GOVERNING LAW. The laws of the Republic of Singapore shall govern the validity, interpretation, performance and enforcement of this Agreement. In the event of dispute, mediation and adjudication will be in Singapore. If one party wishes to bring an action against the other party, the location of the court/s will be in Singapore.