Welcome to Indiescapes!

This Terms of Use is updated as of 23 July 2013. These Terms of Use will apply to the use of the Services, provided to you through the Website. Please read these Terms of Use carefully so that you know what your rights and obligations are when using the Services. If you make any use of the Services or if you access the Website, you shall be deemed to have accepted and agreed to be bound by these Terms of Use without modification or amendment thereof. The acceptance of these Terms of Use constitutes a valid and binding agreement between Indiescapes and you for the use of the Services.

1. Definitions

   In these Terms of Use, the following capitalized terms shall have the following meanings:

   1. “Account” means an account created through the Website by any User in order to access and use certain parts of the Services.
   2. “Commencement Date” means the date of commencement of an Experience.
   3. ““End Date” means the date on which an activity or experience conducted or to be conducted by a Host through the Website ends.
   4. “Experience” means the activity or experience offered by a Host through the Services and/or Website, for which one or more Guest(s) have made reservations for through the Services, and pursuant to which 1.4 such Guest(s) agree to make payment to the Host prior to commencement of such activity or experience, or at a time otherwise agreed with the Host, and the Host agrees to provide and conduct such activity or experience for such Guest(s).
   5. “Guest” means any person (whether or not such person is a User) who is a participant in any Experience.
   6. “Host” means a person who provides or offers, on or through the Services and/or Website, or conducts (as the case may be), any information, activity or experience as a local host in a destination, and includes any person who provides or offers through the Website such information, activity or experience on behalf of one or more local Host(s) in one or more destination(s).
   7. “Indiescapes” means Indiescapes Pte. Ltd. (Business Registration No. 201227066D), a company registered in Singapore.
   8. “Intellectual Property Rights” means all intellectual property rights including but not limited to copyright, registered or unregistered designs, trade marks (whether or not registered), rights protecting goodwill and reputation, service marks, patents, database rights, geographical indications, domain names, layout design rights and trade or business names and rights under any international convention for the protection of any of the foregoing.
   9. “PayPal” means PayPal Pte. Ltd., a company incorporated in Singapore, and includes its related corporations and affiliates.
   10. “Personal Information” means any data or information that relates directly or indirectly to a natural person, including any User.
   11. “Profile” means the part(s) of an Account which is visible to other Users, including the listings of any activity or experience posted by any Host.
   12. “Services” means all services, information and functionality provided or made available by Indiescapes at or through the Website.
   13. “Terms of Use” means these Terms of Use that apply to any and all use of the Services and/or the Website.
   14. “Third Party Content” means multimedia and audio visual content, messages, advertisements of third parties, including sponsors, advertisers and User Content of any User other than you.
   15. “User” or “you” means any user of the Website and/or the Services.
   16. “User Content” means any content provided by any User by means of the Service, including but not limited to any Profile information, messages and comments.
   17. “Website” means all websites, domains and all underlying pages thereof, owned or licensed by Indiescapes, including indiescapes.com.
   18. “Website Information” means any content displayed or made available by Indiescapes on the Website, including software, applications, programs, images, sounds, graphics, links, video and other materials.

   Unless otherwise stated, all references to time in these Terms of Use shall be to the time in Singapore (UTC + 8).

   In these Terms of Use, the words “include” or “including” shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import.

2. Scope of Terms
   1. Indiescapes reserves the right to update, amend or modify these Terms of Use or any part of it without prior notice, and your continued access of the Website or use of the Services signifies your acceptance of the updated, amended or modified Terms of Use. If you do not agree to all the terms and conditions in these Terms of Use and/or any subsequent updates, amendments or modifications thereto, you must stop accessing or otherwise using the Website and the Services.
   2. Accordingly, please return to this page if you wish to access and view the most current version of the Terms of Use.
   3. In addition, when using certain Services on the Website, you shall be subject to any additional terms applicable to such Services as may be prescribed by Indiescapes from time to time, including without limitation the Privacy Policy located at Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Use.
3. Using the Website and Services
   1. The Services offered on or through the Website are intended to provide the User with access to information, activities of interest, deals, experiences and offers relating to various travel destinations and localities. The Website is intended to serve as a platform for Hosts in these destinations to provide such information for easy access by the User.
   2. You are responsible for your use of this Website and any Experience transacted with a Host or Guest (as the case may be) as a result. Indiescapes is not involved in any transaction or Experience between Users and/or Guests and Hosts, but only provides the relevant platform and tools to enable a User to transact with a Host.
   3. Indiescapes hereby grants you a non-exclusive, non-transferable license to access the Website and use the Services solely for the purpose of enabling you to use and enjoy the benefit of the Services, under the terms and conditions of these Terms of Use. You acknowledge and agree that the creation of an Account in accordance with the terms of Section 4 is necessary to access parts of the Services.
   4. Use of Website and Services
      1. By submitting, posting or displaying any content on or through the Website, you agree to give Indiescapes an irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, display and distribute any such content.
      2. You acknowledge and agree that Indiescapes does not, and has no obligation to, pre-screen or review User Content posted on the Website or transmitted by means of the Service. Indiescapes is not liable and/or responsible for the User Content provided by means of the Service and/or any use made of the Service by you or any Guest. You warrant and represent that you have the right and authority to submit and post your User Content on the Website and that the User Content or any part thereof posted by you does not infringe the Intellectual Property Rights or any other rights of any third party.
      3. Notwithstanding Section 3.4.2 Indiescapes shall have the right, at its sole and absolute discretion, to review, edit, limit or refuse User Content posted or transmitted by means of the Service and/or to limit and/or refuse any person, User or Guest access and/or use of the Service. Indiescapes shall also have the right, at its sole and absolute discretion, to remove any User Content that is in breach of these Terms of Use and/or that Indiescapes otherwise deems to be objectionable. Indiescapes shall not be required to give reasons for any removal of any User Content.
      4. The use of the Service is at your own expense and risk. You are responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Service and/or the Website. The risk of loss, theft or damage to any of your data will at all times be borne by you.
   5. Unauthorised Use of Website and Services
      1. Notwithstanding any other provisions of these Terms of Use, you shall not:
         1. use any software or scripts such as viruses or Trojans that can damage computers or erase data of Indiescapes, other Users or third parties or make it unavailable or inaccessible;
         2. bypass technical security measures of the computer systems of Indiescapes or third parties, which may be used in the provision of the Services;
         3. cause any impediment in the use by other persons of the infrastructure of the computer systems of Indiescapes or third parties, used in the provision of the Services;
         4. use the infrastructure of the computer systems of Indiescapes or third parties in such a manner as to impede any functionality of the Services;
         5. use any manual or automated software, program, script, or other processes to perform the function of "web-crawling", "web-spidering" or otherwise collecting any information made available or provided by Indiescapes by means of the Services;
         6. carry out or cause to be carried out any acts on or in relation to the Services which might constitute unauthorized or unsolicited advertising, junk, spam, bulk e-mail, scam and/or phishing;
         7. infringe or cause the infringement of any third party’s Intellectual Property Rights or other rights in your use of the Service;
         8. involve the Services in the committing or carrying out of any unlawful, inappropriate or immoral activities, including posting any User Content of any kind or nature which is or may be offensive, defamatory, libelous, harmful, vulgar, obscene or otherwise objectionable;
         9. provide to Indiescapes any false or misleading information; and/or
         10. act in any manner, in your use of the Services, which may be unlawful in any way whatsoever.
   6. The Service and/or the Website may contain information that is derived from and/or may refer to third parties' websites or services, such as through the Third Party Content or via hyperlinks, banners or buttons. Third party terms or conditions may apply to these websites or services. Indiescapes has no control over the information and content of these third parties’ websites and services. Indiescapes does not accept any responsibility and/or liability for this information and content of these third parties’ websites and services.
   7. You acknowledge and agree that any records maintained by Indiescapes or its licensors relating to or in connection with the Services (or any part thereof) shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Indiescapes and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
4. Account
   1. In order to access and use certain parts of the Services, you are required to create an Account in the manner required by Indiescapes and prescribed on the Website. Your creation of an Account is conditional upon you agreeing to provide and maintain at all times accurate, up-to-date and complete information about yourself and/or, if you are creating an Account on behalf of a Host, information relating to such Host as required by the Account creation procedure(s)on the Website. All information provided by or relating to you are governed by our Privacy Policy. No User shall be permitted to create, maintain and/or use more than one Account at any time, unless Indiescapes expressly consents. The purchase and sale of Accounts is expressly prohibited.
   2. If you are representing and making offers through the Services and/or the Website on behalf of any Host, you hereby warrant that you have the authority to represent and bind such Host to these Terms of Use. Notwithstanding anything in these Terms of Use, you shall be responsible for ensuring and procuring that such Host performs his/her obligations in relation to each Experience in accordance with these Terms of Use and in compliance with all applicable law.
   3. You are responsible for maintaining the confidentiality of the password to each Account created by you. You shall also be responsible for any and all activities and things done under and in the name of each Account created by you. You must ensure that you exit or sign-out from your Account in the appropriate manner at the end of each session in which you used the Website and/or Services. Indiescapes shall not be liable for any losses or damages resulting from unauthorized access to or use of any Account, the Service and/or the Website by any person.
   4. The verification of the identity of any Internet user is difficult and Indiescapes does not purport to confirm or verify the identity of any User or Guest. If you are aware or have reason to believe that your Account has been or will be subject to unauthorized access and/or use, or the security thereof compromised, you must notify Indiescapes of this immediately, and you shall immediately take such steps as may be necessary and appropriate to prevent any further unauthorized access, use or compromise, including changing the password of the Account or deleting the Account entirely.
   5. If you have yet to attain the age of eighteen (18) years, you must obtain your parent’s or guardian's permission before you may create an Account. By accepting these Terms of Use and creating an Account, you represent and warrant that you are at least eighteen (18) years of age or that you have obtained the prior permission of your parent or guardian to create an Account.
5. Fees and Payments
   1. In the event that you make a reservation for any intended Experience, and the Host has approved the reservation, the reservation is deemed to be confirmed. The payment process, which includes the arrangement of payment amounts and time of payment, the act of paying itself and refunds if any, will be a matter solely between the Guest and relevant Host. Indiescapes does not participate in any part of the payment process and shall not have any responsibility or liability of any kind whatsoever relating to this process.
6. Intellectual Property Rights
   1. Except as expressly provided in these Terms of Use, you acknowledge and agree that Indiescapes retains all rights, title and interest, including the Intellectual Property Rights, in and to the Services and Website Information as well as any modifications, adaptations or translations thereof and accordingly you shall not under any circumstances acquire any rights therein, express or implied. You are not permitted to sell, licence, transfer or grant any rights to the Service and/or Website Information, or to make it available to third parties in any way or for any purpose.
   2. You shall retain all Intellectual Property Rights, if any, that vest in you by operation of law with regard to any User Content posted by you.
   3. Indiescapes respects the Intellectual Property Rights of third parties. In order to prevent and address breaches of any such Intellectual Property Rights in an expedient and timely manner, Indiescapes requires all Users to send written notice (a “Take-down Notice”) to Indiescapes of any alleged or suspected breach and infringement of any Intellectual Property Rights. Each Take-down Notice should be sent by email to Indiescapes at admin@indiescapes.com in such form as may be prescribed by Indiescapes.
   4. If you believe that your User Content that was removed (or to which access was disabled) for an alleged infringement of Intellectual Property Rights does not infringe any Intellectual Property Rights, or that a mistake or misidentification has been made, you may send a written notice (a “Counter Notice”) by email to Indiescapes at admin@indiescapes.com in such form as may be prescribed by Indiescapes.
   5. Indiescapes will process and investigate all Take-down Notices and Counter Notices and will take appropriate actions under applicable law.
7. Third Party Content
   1. Indiescapes does not and shall not be obliged to pre-screen, review or ensure the lawfulness, accuracy or completeness of any Third Party Content. Indiescapes shall not under any circumstances be liable in any way for any Third Party Content or for any losses or damages suffered or incurred as a result of the use of or access to any Third Party Content. You are responsible for your own evaluation of, and shall bear all risks associated with, the use of any Third Party Content, including any reliance on the accuracy, completeness, or usefulness of such content.
   2. Any disputes between you and the provider of any Third Party Content shall be resolved between you and such provider. Indiescapes is not a party to such a dispute. However, you shall indemnify Indiescapes for any losses, damages, claims, proceedings or fees incurred by or brought against Indiescapes in connection with or as a result of such dispute.
8. No Warranties
   1. You hereby acknowledge and agree that the Services are provided on an “as is, where is” and “as available” basis and Indiescapes makes no representation, warranty or guarantee of any kind, implied or express, relating to the Services and the Website.
   2. Without prejudice to the generality of Section 9.1:
      1. Indiescapes makes no representation, warranty or guarantee that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations.
      2. Indiescapes does not guarantee that the Services and/or the Website or any part thereof will be accessible at all times and without any interruptions or failures. Failures or interruptions in the accessing and use of the Services and/or Website may occur at any time as a result of failures in the Internet, your local connections, viruses and/or other faults or defects. In addition, Indiescapes reserves the right to remove the Services or any part of it or reduce the scope of the Services at any time without prior notification and without being required to pay any compensation, if Indiescapes considers it necessary at its sole discretion to do so. Indiescapes is not liable for any losses, damages, costs, expenses or fees which may be incurred or suffered by any person due to or arising out of the Services and/or the Website being temporarily or permanently unavailable, including but not limited to the loss of data or inability to access or use the Services.
   3. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the terms set out above may not apply to you. If you are dissatisfied with any portion of the Services or disagree with these Terms of Use, your sole and exclusive remedy is to discontinue use of the Services and the Website.
9. Experiences
   1. All activities or experiences offered by each Host through the Services and/or the Website are offers made available to other Guests directly by the relevant Host and not Indiescapes. The Host is responsible for providing the activity or experience for which you have requested, as well as the legality, quality and safety thereof. Indiescapes has no responsibility for providing any activity or experience on behalf of any Host and makes no representations or warranties in relation thereto. Each Experience entered into by you is solely at your own risk, and you shall be responsible for evaluating any offer made by any Host and procuring such insurance as may be necessary or appropriate in relation to the Experience (including travel insurance for yourself).
   2. Any dispute, complaint or claim which you may have in connection with any Experience is a matter to be resolved solely between you and the relevant Host. Indiescapes will use reasonable endeavours to amicably discuss and facilitate the resolution of any complaint, dispute or claim between you and a Host, but shall not be made a party to any dispute resolution proceedings relating thereto. In the event of a dispute between you and any Host or any other User, you hereby agree to release, remise and forever discharge Indiescapes, its directors, officers, and employees from any and all claims, complaints, demands, action and proceedings of any nature whatsoever, whether known or unknown, which now or may hereafter arise from, relate to, or are connected with such dispute.
   3. If you are a Host , you are the issuer (or represent the issuer) of the offer of each activity or experience made available under your Account through the Services and/or Website. Each Host hereby represents, warrants and undertakes that he/she shall (or in the case of a Host representing a local host, shall procure the local host to) honour, perform and carry out each Experience, and in each case shall be solely and fully responsible for any and all losses, damages, claims, liabilities, injuries, illnesses, costs and expenses of any kind whatsoever suffered or incurred by any Guest relating to or in connection with:
      1. any Experience between the Host (or the local host represented by the Host, as the case may be) and such Guest;
      2. the conduct or carrying out of any activity or experience under any Experience between the Host (or the local host represented by the Host, as the case may be) and such Guest; or
      3. any breach or default by the Host of any term of these Terms of Use.
   4. In addition, any arrangement between any Guest and a Host (or a local host, as the case may be) which is not the subject of any Experience, offered as part of the Services or paid through the Services shall be a matter solely between the Guest and Host, and Indiescapes shall not have any responsibility or liability of any kind whatsoever relating to any such arrangement.
10. Limitation of Liability
    1. Indiescapes, its officers and employees shall not under any circumstances be liable to any Guest or Host in respect of any economic, consequential or indirect loss and/or any loss of revenue, profits, contracts, business and/or custom howsoever and whenever caused or occurring and whether arising in contract, tort (including negligence) or otherwise.
    2. Notwithstanding anything to the contrary in these Terms of Use, Indiescapes’ aggregate liability to any Guest for all claims, actions, demands or other legal proceedings or for any losses, damages or costs under, arising out of or relating to these Terms of Use or such Guest’s use of the Services shall not exceed the total sum of all payments for fees and charges for the Services actually paid by such Guest to Indiescapes.
11. Indemnity
    1. You hereby agree to defend, indemnify and hold harmless Indiescapes, its officers, directors and employees (the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses or expenses (including legal costs on a full indemnity basis incurred by Indiescapes) suffered or incurred by any of the Indemnified Parties as a consequence of or arising from:
       1. your use of the Services and/or the Website;
       2. any User Content provided or posted by you or under your Account;
       3. any breach, violation or default by you of any of your representations, warranties, covenants and/or obligations under these Terms of Use; and/or
       4. any negligence, willful default, unlawful act, fraud and/or misconduct on your part or a violation of any rights of another person or entity (which includes, without limitation, any activities that constitute an infringement of Intellectual Property Rights of third parties).
12. Termination
    1. You are entitled to terminate your agreement with Indiescapes on these Terms of Use at any time by discontinuing the use of the Service and/or by terminating the Account.
    2. Notwithstanding anything in these Terms of Use, Indiescapes shall be entitled, at its sole and absolute discretion, to take any of the following actions at any time without prior written notice or explanation and without any liability to you:
       1. terminate, cancel or suspend your Account and/or your use of the Services and/or Website;
       2. restrict any of your activities under your Account in relation to the Services and/or your use of or access to the Services and/or Website;
       3. ban any Guest from using the Services and prevent banned Guests from creating a new Account and/or delete Account(s) already created by banned Guests; and/or
       4. edit or delete any content (including User Content) submitted, posted or displayed by you, or refuse the submitting, posting or displaying thereof,

       for any reason, including inactivity for an extended period of time or upon your breach of any of your representations, warranties, covenants and obligations under these Terms of Use.

    3. The termination of your agreement to these Terms of Use or the taking of any actions by Indiescapes set out above for any reason whatsoever shall not affect the accrued rights of Indiescapes or release you from any liability which at the time of such termination or taking of such action has already accrued, or which thereafter may accrue, or affect the continuation in force of the provisions of these Terms of Use which are not expressed to be contingent upon the continuation in force of your agreement to these Terms of Use.
    4. In the event that the relationship or arrangement between Indiescapes and a Host is terminated or cancelled for any reason whatsoever, and you have entered into any Experience with such Host of which the relevant activity or experience has yet to commence, retrieval of any fees and charges you have paid in relation to such Experience will be a matter solely between you and such Host.
13. General
    1. A person who or which is not a party to these Terms of Use shall not have any right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) or any other similar law to enforce any term of these Terms of Use.
    2. Indiescapes reserves the right to engage any third party service provider to perform any of the Services, either in whole or in part, without being required to seek your prior consent.
    3. In case any term in these Terms of Use shall be, or at any time shall become invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not in any way affect or impair any other term of these Terms of Use but these Terms of Use shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein.
14. Governing Law and Dispute Resolution
    1. These Terms of Use and the use of the Services and/or the Website are governed by the laws of Singapore.
    2. In the event of any dispute arising out of or in connection with these Terms of Use, the relevant parties shall use best endeavours to amicably discuss and seek in good faith to resolve the dispute in a mutually satisfactorily manner.
    3. If the relevant parties are unable reach a mutually satisfactory resolution of any dispute arising out of or in connection with these Terms of Use within 60 days from the date the dispute is first brought by one party to the attention of the other party, such dispute shall be referred to mediation at the Singapore Mediation Centre in accordance with its prevailing rules and procedures. Each party shall bear its own costs for any mediation commenced in the Singapore Mediation Centre.

Regulation 3(2)

COPYRIGHT ACT

(CHAPTER 63)

COPYRIGHT

(NETWORK SERVICE PROVIDER)

REGULATIONS

NOTICE TO REMOVE OR DISABLE ACCESS TO

ELECTRONIC COPY OF MATERIAL ON NETWORK

To: [Name of network service provider]

1. This notice is furnished under section 193C(2)(b)/193D(2)(b)(iii)/193D(4)(b)(iii)(1) of the Copyright Act.
2. The particulars of the person furnishing this notice (the complainant) are as follows:
   (a) Name:
   (b) Address:
   (c) Address for service in Singapore(2):
   (d) Telephone number:
   (e) Facsimile number (if any):
   (f) Electronic mail address:
3. The particulars of the copyright owner/exclusive licensee(3) of the material referred to in paragraph 4, on whose behalf this notice is furnished, are as follows:
   (a) Name:
   (b) Address:
4. The particulars of the material in respect of which copyright is alleged to have been infringed are as follows(4):
5. The particulars of the electronic copy alleged to be an infringing copy of the material referred to in paragraph 4 are as follows(5):
6. The particulars of the means by which you are alleged to have referred or linked a user of a network to the online location of the electronic copy referred to in paragraph 5 are as follows(6):
7. The complainant requires you to remove or disable access to the electronic copy referred to in paragraph 5(7).
8. The complainant, in good faith, believes that the electronic copy referred to in paragraph 5 is an infringing copy of the material referred to in paragraph 4.
9. Another electronic copy of the material referred to in paragraph 4 (referred to in this paragraph as the originating electronic copy) was made available on a network (referred to in this paragraph as the originating network). The electronic copy referred to in paragraph 5 is a cached copy of the originating electronic copy. The originating electronic copy has been removed from the originating network or access to the originating electronic copy on the originating network has been disabled/A court has ordered that the originating electronic copy be removed from the originating network or that access to the originating electronic copy on the originating network be disabled(8).(9)
10. The information in this notice is accurate.
11. The complainant – (a) is the owner or exclusive licensee of the copyright in the material referred to in paragraph 4. (b) Is authorized to act on behalf of the owner or exclusive licensee of the copyright in the material referred to in paragraph 4(10).
12. The complainant submits to the jurisdiction of the courts in Singapore for the purposes of any proceedings relating to any offence under section 193DD(1)
    
    (a) of the Copyright Act or any liability under section 193DD(1)
    (b) of that Act.

Regulation 3(2)

COPYRIGHT ACT

(CHAPTER 63)

COPYRIGHT

(NETWORK SERVICE PROVIDER)

REGULATIONS

NOTICE TO RESTORE ELECTRONIC COPY

OF MATERIAL ON NETWORK

To: [Name of network service provider]