Terms of Use Agreement

Date of Last Revision: September 17, 2015

WELCOME TO JOYROUTES PTE. LTD. ("JOYROUTES" OR "WE") INTERNET WEBSITE LOCATED AT WWW.JOYROUTES.COM (THE "SITE").

BY VISITING THE SITE AND/OR USING THE JOYROUTES SERVICES AVAILABLE ON THE SITE, YOU ARE AGREEING TO BE CONTRACTUALLY BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, INCLUDING THOSE AVAILABLE BY HYPERLINK (COLLECTIVELY, THE "TERMS OF USE" OR "AGREEMENT"), WHETHER OR NOT YOU ARE A REGISTERED MEMBER OF JOYROUTES. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS SITE. WE RESERVE THE RIGHT TO MAKE CHANGES TO THE JOYROUTES SERVICES OFFERED ON THIS SITE AND REVISE THE TERMS OF USE AND ALL LINKED INFORMATION FROM TIME TO TIME IN OUR SOLE DISCRETION. JOYROUTES WILL POST UPDATED TERMS OF USE ON THE SITE AND PROVIDE NOTICE OF THIS BY SENDING E-MAIL NOTIFICATIONS TO REGISTERED MEMBERS OF THE SITE. WE WILL INDICATE AT THE TOP OF THIS PAGE THE DATE THESE TERMS WERE LAST REVISED. WE SUGGEST THAT YOU CONSULT THE TERMS OF USE AND THE LINKED INFORMATION REGULARLY FOR UPDATES. REVISIONS SHALL BECOME EFFECTIVE IMMEDIATELY UPON BEING POSTED AT THE SITE UNLESS OTHERWISE PROVIDED IN SUCH REVISION. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES HAVE BEEN POSTED MEANS THAT YOU AGREE TO THE NEW TERMS, EVEN IF YOU HAVE NOT REVIEWED THE CHANGES.

CONTRACTUAL RELATIONSHIP

JoyRoutes is an online platform that connects travellers with Travel Companies (travel agencies and tour operators). We allow different Travel Companies (each, a "Travel Company") to list their travel packages (each, a "Travel Company Service") and allow travellers to customise and book them through our platform. When a traveller books a travel package through our platform, they are getting into a contractual relationship with the Travel Company who provided the package and not with us as we are merely a platform that facilitates this transaction.

The travel packages, which can be customised according to the traveller’s needs, are directly provided by Travel Companies, which offer these travel packages on their own behalf, their own account, and under their own responsibility.

MEMBER ELIGIBILITY AND ACCOUNTS

The JoyRoutes Services (as defined below) are available only to legal entities and individuals in business who can form legally binding contracts. To become a member of the Site ("Member") and use the JoyRoutes Services available from the Site, you must register for a JoyRoutes account ("Account"). You agree to provide true, accurate, and complete information, and update such information to maintain its truth, accuracy, and completeness. Misleading information about your location is not allowed on JoyRoutes. You must safeguard the Member ID and password you use to access this Site. We may rely on any use of the Site with your Member ID and password as authorised by you.

If you are a Member that wishes to provide Travel Company Services through the Site, you must complete the Travel Company registration process. As a Travel Company Member, you acknowledge and agree that your Account may be subject to verification as well as editorial and Feedback (as defined below).

SCOPE OF SERVICES

JoyRoutes provides services ("JoyRoutes Services") that facilitate transactions between (a) Members who are travellers (each, a "Traveller"), and are eligible to post information about the Travel Company Services (as defined herein) that such Traveller needs and is interested in purchasing (each, a "Trip Request"), or to inquire or purchase Travel Company Services; and (b) Members who are travel companies (each, a "Travel Company") that offer Travel Company Services to Travellers. Travel Company Services are defined as services offered by the Travel Company to the Traveller on the JoyRoutes Site, including but not limited to trip proposals submitted by the Travel Company in response to a Traveller's Trip Request (each a "Trip Plan") and sample trip offerings (each a "Sample Trip").

When a Travel Company submits a Trip Plan to a Traveller, in addition to specifying the types of Travel Company Services it will provide and the costs associated with it, a Trip Plan shall include the contract terms that the Travel Company requires, such as, but not limited to, payment methods, payment terms, and cancellation policy.

The Site will facilitate: (a) Traveller's ability to define and source Travel Company Services by posting a Trip Request in order to engage Travel Companies directly; (b) Traveller's ability to learn about, inquire, commit to procure, or procure Travel Company Services; (c) Travel Companies' ability to advertise their capabilities, bid on Trip Requests, and provide Travel Company Services directly to Travellers; (d) delivery of (i) payment information for Traveller, and (ii) receipt information for Travel Company; and (e) other services that JoyRoutes may offer through the Site from time to time, currently including, but not limited to services further described in Terms of Use. In providing the JoyRoutes Services, JoyRoutes will NOT source or deliver any services provided by Travel Companies, including, but not limited to, Travel Company Services. JoyRoutes will only provide the venue for Travellers and Travel Companies to find and contract with each other for Travel Company Services according to Terms of Use.

ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receiving electronic communications from JoyRoutes. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the JoyRoutes Services and Travel Company Services. These electronic communications are part of your relationship with JoyRoutes and you receive them as part of your subscription to the JoyRoutes Services. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

USER OBLIGATIONS

You agree to: (a) abide by the Terms of Use, and the processes and procedures described throughout the Site; (b) be financially responsible for your use of the Site and the JoyRoutes Services and the purchase or delivery of Travel Company Services; and (c) perform your obligations and complete the transaction as specified by the terms of your Trip Plan, your bid or proposal or your agreed business terms with the Traveller or Travel Company, as applicable, unless such transaction is prohibited by law or by the Terms of Use. Upon acceptance of a bid proposal by sending a purchase confirmation or upon expressly indicating the decision to purchase Travel Company Services (including but not limited to Trip Plans or Sample Trips), whether such indication occurred within the Site or without, you agree to purchase the Travel Company Services if you are a Traveller, or provide the Travel Company Services if you are a Travel Company, in accordance with the terms agreed to by the parties, unless otherwise mutually agreed upon by the Traveller and Travel Company in writing. If the scope of the Travel Company Services to be provided increases beyond the initial scope on the date of acceptance and the billings for the purchases are larger than initially reported, then you agree to report the higher amount to the JoyRoutes Billing Department by sending an e-mail notification to hello@joyroutes.com with "Increased Travel Company Services Scope" as the subject of the e-mail and understand that JoyRoutes' commission fee to Travel Companies will increase proportionally. In this e-mail, if the purchase is with regard to a specific Trip Plan, please include the usernames of the Traveller and Travel Company involved in this sale, the title of the purchased Trip Plan, the original cost of the Trip Plan, and the new cost of the Trip Plan.

As a Traveller, you agree that you will only complete your Trip Plan purchase via the JoyRoutes purchase confirmation page, and you will report the Travel Company to JoyRoutes if the Travel Company suggests that you purchase any Travel Company Services without informing JoyRoutes. As a Travel Company, you agree to use JoyRoutes’ system to complete the transaction and send the receipt to the Traveller for all JoyRoutes-originated business, whether first-time, repeat, or follow-on.

OTHER AGREEMENTS

Your use of the Site is governed by this Agreement, as applicable, and the Privacy Policy, the terms of which foregoing agreements are hereby incorporated by reference. These agreements together constitute the entire agreement, as modified from time to time, between you and JoyRoutes with respect to your use of the Site and the Services provided on and through the Site, and your use of the Site and the Services provided on and through the Site is conditioned on your acceptance of all terms of these agreements.

CONTRACTS BETWEEN TRAVEL COMPANIES AND TRAVELLERS

By registering as a Member, you acknowledge and agree that you contract directly with other Members of the Site to buy or sell Travel Company Services. Upon acceptance of a bid or agreement to provide Travel Company Services, Travel Company agrees to provide the Travel Company Services according to the terms of the final bid, the final agreement, or other terms agreed to by Travel Company and Traveller. JoyRoutes is not a party to any contract for any purchase and sale of Travel Company Services on the Site, including, without limitation, Trip Plans and Sample Trips. All rights and obligations for the purchase and sale of any Travel Company Services, including, without limitation, the purchase and sale of Trip Plans and Sample Trips, are solely between Travel Companies and Travellers. Each Member is solely responsible for the enforcement and performance of its rights and obligations for the purchase and sale of Travel Company Services, including, without limitation, Trip Plans and Sample Trips.a

JoyRoutes is not involved in the contracting between Travel Companies and Travellers, or in the Travel Companies' delivery of services to Travellers. JoyRoutes has no control over and does not guarantee the quality, safety, or legality of Travel Company Services advertised or provided on and/or through the Site, the truth or accuracy of listings, the qualifications, background, or abilities of Members, the ability of Travel Companies to deliver Services, the ability of Travellers to pay for Services, or that a Travel Company or Traveller will actually complete a transaction. Travel Company and Traveller must look solely to the other for enforcement and performance of all the rights and obligations pursuant to the transactions it entered into with the other on the Site, and any other terms, conditions, representations, or warranties associated with such dealings.

THIRD PARTY CONTENT

JoyRoutes makes available to Members on the Site various content and services provided by third parties, including, without limitation, services to verify a Member's identity or credentials ("Verification Service Providers") and a directory of Travel Companies that is populated with information from third party sources and from the Travel Companies themselves (collectively, "Third Party Content"). JoyRoutes has no editorial control over such Third Party Content. JoyRoutes is not responsible for and does not monitor the Third Party Content for accuracy or reliability. Any opinions, advice, statements, Services, offers, or other information or content express or made available by third parties, including information providers, Members, and Verification Service Providers, are those of the respective author(s) or distributor(s) and not of JoyRoutes. JoyRoutes neither endorses nor is responsible for the accuracy or reliability of any Third Party Content. JoyRoutes does not confirm or verify whether a Travel Company claiming to be a professional or claiming to be qualified to provide professional advice is in fact licensed or otherwise qualified to provide the Services or advice being requested. JoyRoutes provides the Third Party Content as a convenience and does not confirm or verify such Third Party Content.

The Site may contain links to other third party Web sites or resources ("Third Party Sites"). You acknowledge and agree that JoyRoutes is not responsible or liable for: (i) the availability or accuracy of such Third Party Sites; or (ii) the content, advertising, or products on or available from such Third Party Sites. The inclusion of any link on the Site does not imply that we endorse the linked Third Party Site. Your use of the links is at your own risk.

SUBMISSIONS

You acknowledge that you are responsible for the information and material that you submit, including without limitation, any Trip Requests, Trip Plans, itineraries, feedback, comments, blogs, postings, and photos (each a "Submission") through posting areas, emails, or other services available in connection with this Site, and that you, and not JoyRoutes, will have full responsibility for each such Submission, including its legality, reliability, form, content, and accuracy. Unless otherwise explicitly stated herein or in the JoyRoutes Privacy Policy, you agree that any Submission provided by you in connection with this Site in public posting areas is provided on a non-proprietary and non-confidential basis. You agree that JoyRoutes shall be free to use or disseminate a Submission that is posted in public posting areas on an unrestricted basis for any purpose. If you submit information to the Site, you grant JoyRoutes a non-exclusive, irrevocable, worldwide, royalty-free license (in any media now known or not currently known or invented) to link to, utilize, use, copy, exploit, and prepare derivative works of the Submission. No information you submit shall be deemed confidential. However, JoyRoutes agrees to use your information in accordance with JoyRoutes’ Privacy Policy applicable to personally identifiable information. You agree that you will not upload, post, or otherwise make available on the Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any Submission. You represent and warrant that: (i) you have the right to grant the license set forth in this section, and (ii) the posting of your Submissions on or through the Site does not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submissions posted by you to or through the Site.

WARRANTY DISCLAIMER

THE SERVICES, MATERIALS, AND INFORMATION PROVIDED ON AND THROUGH THE SITE ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY, OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL JOYROUTES’ LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

RELEASE

If you have a dispute with another Member, you release JoyRoutes (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive Singapore Civil Code §7236 (and any analogous law in any other applicable jurisdiction), which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

INDEMNITY

You agree to defend, hold harmless and indemnify JoyRoutes from and against any and all losses, costs, expenses, damages, or other liabilities incurred by JoyRoutes from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand, or action brought by a third party against JoyRoutes: (a) in connection with your use of the Services, including, without limitation, any payment obligations incurred through use of the Services; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member; (viii) any act or omission of yours with respect to the payment of fees to any Travel Companies; (ix) your dispute of or failure to pay any invoice or any other payment; and/or (x) your obligations to a Travel Company. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss, or threat of any thereof; (b) cooperating with you in the defence or settlement thereof; and (c) allowing you to control such defence or settlement. We shall be entitled to participate in such defence through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

INTELLECTUAL PROPERTY

License and Site Access

Subject to and conditioned on compliance with this Agreement, JoyRoutes grants you a limited license to access and, if you are a Member, to use the Site internally for the purpose of ordering and receiving the Services available and authorised from the Site. You must not sell, copy, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of JoyRoutes or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by JoyRoutes.

Reservation of Rights; Limited Licenses

JoyRoutes and its licensors retain all of its right, title, and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site. The JoyRoutes logo and name are trademarks of JoyRoutes, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated above, nothing in the Terms of Use confers any license under any of JoyRoutes’ or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.

RESOLUTION OF DISPUTES BETWEEN MEMBER AND JOYROUTES

If a dispute arises between you and JoyRoutes, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and JoyRoutes agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the JoyRoutes Services (a "Claim") in accordance with this section entitled "Resolution of Disputes Between Member and JoyRoutes". Before resorting to these alternatives, you agree to first contact us directly to seek a resolution by emailing us at hello@joyroutes.com.

Law and Forum for Disputes

This Agreement shall be governed in all respects by the laws of the Republic of Singapore as they apply to agreements entered into and to be performed entirely within Singapore between Singapore residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against JoyRoutes must be resolved by a court located in Singapore, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims or disputes. Any cause of action you may have with respect to the Site must be commenced within 30 days after it arises, or the cause of action is waived.

Arbitration Option

For any claim arising between you and JoyRoutes (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online, and/or be solely based on written submissions, and the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

Improperly Filed Claims

Should you file a claim contrary to this section entitled "Resolution of Disputes Between Member and JoyRoutes”, JoyRoutes will be entitled to recover attorneys' fees and costs up to $2,000, provided that JoyRoutes has notified you in accordance with the Terms of Use of the improperly filed claim, and you have failed to promptly withdraw the claim.

MEMBERSHIP CANCELLATION INSTRUCTIONS

If you are a Travel Company, to cancel your membership, send an e-mail to hello@joyroutes.com with "Cancel My Travel Company Membership" as the subject of the e-mail and include the following information in the text field (Your full name, JoyRoutes Username, contact phone number for verifying your cancellation, reason to cancel your account). JoyRoutes will not process cancellation requests unless all of the foregoing information is provided. Your cancellation request will be effective within the next business day. JoyRoutes will send you an email confirmation once your membership has been cancelled. Once JoyRoutes confirms your cancellation, your profile will not be viewable and you will no longer be able to submit Trip Plans via the JoyRoutes system.

SUSPENSION OF YOUR ACCOUNT

We may suspend or cancel your Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use, or violated our rights or those of another party. Without limiting JoyRoutes’ other remedies, we will suspend or terminate your Member Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Use, and the other written policies and procedures posted on the Site; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users, or for JoyRoutes. Once suspended or terminated, you may not continue to use the JoyRoutes Services under a different Account or re-register under a new Account. In addition, violations of the Terms of Use may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If you engage in actions or activities which circumvent the JoyRoutes system or otherwise reduce commissions owed JoyRoutes under the Terms of Use, you agree to be liable to JoyRoutes for the commission due, and may be subject to additional sanctions including, but not limited to, suspension or termination of JoyRoutes membership. JoyRoutes reserves the right to terminate any User, Trip Request, or Trip Plan for any reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be cancelled if the law requires such notification. When your membership is cancelled, you may no longer have access to data, messages, files, and other material you keep on the Site.

GENERAL

This Terms of Use Agreement and all documents referenced herein shall become effective upon your acceptance or your use of the Site, and shall continue until terminated by JoyRoutes or you as provided for under the terms of this Agreement. The Terms of Use and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between you and JoyRoutes, except and solely to the extent expressly stated. The laws of the Republic of Singapore, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in courts located in Singapore. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. JoyRoutes’ failure to enforce any of these Terms is not a waiver of such term. You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. You will not transfer, assign, or delegate your rights or obligations (including your Account) under the Terms of Use to anyone without the express written permission of JoyRoutes, and any attempt to do so will be null and void. JoyRoutes may assign this Agreement in its discretion. This Agreement, and all documents referenced herein, constitute the entire agreement between you and JoyRoutes with respect to the subject matter hereof and supersedes all prior agreements between the parties as well as any conflicting or inconsistent terms in any Web Site that link to or are linked from this Site.

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