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 TERMS
OF USE |
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The
following terms and conditions create a legally
binding agreement between you and Banyan Tree Spa
("banyantreespa.com", "we" or
"us" as the context may require).
You
acknowledge that your use of www.banyantreespa.com
(the "website") is on condition that you
accept without variation the terms and conditions
set out herein which we may vary at our absolute
discretion from time to time with or without notice
to you.You acknowledge that your use of this website
constitutes your agreement to all the terms and
conditions in force for the time being as set out
herein. If you do not agree to any part of the following
terms or conditions, you must not use this website
nor the services provided therein. |
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1. REGISTRATION |
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a.
In order to use the website and the products and
services provided herein, you must provide all the
necessary equipment such as an internet-ready computer
and modem; pay any fee (including telephone charges)
associated with the provision of access to the internet;
you may also have to provide certain current, complete
and accurate information about yourself as prompted
by our registration form; maintain and update such
registration details so as to keep the same current,
complete and accurate.
b. We reserve the right to terminate your account
and your use of this website without notice to you
if it comes to our attention that any of the registration
details you have provided is not current, incomplete
or inaccurate. |
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2.
YOUR OBLIGATIONS |
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You
shall:
a. Keep your username and password secure and protected
from unauthorized access or use;
b. Be entirely responsible for any and all activities
that occur under the use of your username and password
whether or not actually or expressly authorized
by you;
c. Immediately email us at spaeditor@banyantree.com
if you become aware of, or suspect, that your username
and password have been misused or compromised in
any way, or any other breach of security that comes
to your attention;
d. Not use this website in any way which interferes
with its availability to other users nor do anything
that degrades the operational performance of the
website;
e. Not post or transmit onto the website or to any
other users, any unlawful, harassing, abusive, threatening,
libelous, defamatory, obscene, indecent, inflammatory,
racially or ethnically objectionable, pornographic
or profane material, or any material that could
constitute or encourage conduct that would be considered
a criminal offence, give rise to civil liability,
or otherwise violate any law;
f. Not interfere with other users' use and enjoyment
of the website and the services therein or engage
in surveys, contents, chain letters or post/transmit
"junk mail","spam" or any unsolicited
mass dissemination of email;
g. Not upload or distribute any files that contain
viruses, corrupted files or any other similar computer
program that may adversely affect the operational
performance of another computer;
h. Not use any device, software or routine or attempt
to interfere with the proper functioning of the
website or any transaction offered at this website;
i. Not use the website for any illegal purpose;
and
j. Not use this website to make any speculative,
false or fraudulent reservation or any reservation
in anticipation of demand. |
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3. REPRESENTATIONS & WARRANTIES |
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You
represent and warrant that:
a. You are of sufficient legal age and capacity
to use this website in accordance with all terms
and conditions herein and to create binding legal
obligations in relation to the access and use of
this website and the services therein;
b. You are legally and financially responsible for
all uses of this website under your username and
password whether or not actually or expressly authorized
by you; and
c. All information supplied by you is true, current
complete and accurate. |
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4.
DATA PROTECTION & PRIVACY |
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Please
refer to our Privacy
Policy for more information. |
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5.
PROPRIETARY RIGHTS |
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a.
You acknowledge that the content of the website,
including but not limited to data, text, software,
music, sound, photographs, video, graphics or other
material contained in any form including but not
limited to advertisements or commercially produced
information presented to you through the website,
by us, or our advertisers or other content providers,
is protected by copyright, trade marks, service
marks, trade secrets, patents, database rights,
moral rights, publicity rights, confidentiality
or other proprietary rights and laws, belong to
banyantreespa.com or such third party identified
therein. The name of banyantreespa.com or the trade
marks, service marks and logo used and displayed
on this website may not be used in any way, including
in advertising or publicity, without prior written
permission of banyantreespa.com.
b. You may make a copy of the content on this website
for your personal, non-commercial use only, provided
that you keep all copyright and other proprietary
notices intact. You may not further copy, modify,
edit, reproduce, create derivative works or materials,
republish, upload, post, transmit, or distribute
in any way the content available through the website,
including code and software. Systematic retrieval
of data or other content from this site to create
or compile, directly or indirectly, a collection,
compilation, databases or directory is prohibited.
c. You are not to download or otherwise export or
re-export any software or underlying information
or material available through this website, except
to the extent that such downloading occurs in the
course of using this website in accordance with
our written instructions or otherwise as expressly
permitted in this Agreement.
d. This clause shall survive any termination of
this Agreement. |
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6.
DISCLAIMER |
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a.
You acknowledge that your use of this website is
at your sole risk and discretion. This website (including
the products and services provided herein) are provided
on an "as is" and "as available"
basis and you assume total risk and responsibility
for any loss or damage arising from or attributable
to your use of this website (including the products
and services provided herein) including but not
limited to any damage to your computer, equipment
or loss of your data.
b. Banyantreespa.com neither warrants nor makes
any representations regarding the accuracy, quality,
timeliness, merchantability, fitness for a particular
purpose or completeness of this website or of any
of the data, communications, transmissions, information
or service contained in this website or that the
use of this website will be uninterrupted or error
free or that any information, data, content, software
or other material accessible through this website
will be free of bugs, viruses, worms, cancelbots,
trojan horses or other harmful components.
c. We may modify or discontinue the website; any
of the features or services of the website and the
information contained therein, at any time, with
or without notice to you, without any liability
whatsoever to you or any third party. |
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7.
LIMITATION OF LIABILITY |
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a.
To the maximum extent permitted by any law, banyantreespa.com
specifically excludes any and all liability for
any direct, indirect, special, incidental or consequential
damages arising out of or in any way connected with
the access to and use of, availability of or inability
to access to and use of this website, or the information,
products and services obtained through this website,
the submission of any personal information, including,
but not limited to, bank and credit card details,
the performance or non-performance by banyantreespa.com,
or any unauthorized access or breach of security
into this website through the internet or otherwise
arising, whether based on contract, strict liability,
tort (including negligence), product liability or
otherwise even if banyantreespa.com or its agents
or employees have been advised of the possibility
of such damages.
b. Notwithstanding anything to the contrary in this
Agreement, the liability of banyantreespa.com shall
in no event exceed, in aggregate, Singapore Dollars
One thousand. |
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8.
ACKNOWLEDGMENT |
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The
disclaimer and limited liability of banyantreespa.com
as set out in this Agreement are fundamental elements
of the basis of the bargain between you and banyantreespa.com,
and you agree that banyantreespa.com would not otherwise
be able to offer the products and services on its
present basis without such limitations. This clause
shall survive any termination of this Agreement.
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9.
FORCE MAJEURE |
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Banyantreespa.com
shall not be liable for damages of any kind arising
out of any failure or delay by banyantreespa.com
in performing any or all of our obligations contained
herein or in respect of any product or service if
the failure or delay is due to circumstances or
cause beyond our reasonable control. |
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10.
CANCELLATION OF SERVICE |
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Banyantreespa.com
may without any liability to you whatsoever, at
any time and at its sole discretion and without
cause or notice, terminate your account or restrict
your access to this website or refuse to give effect
to any booking or reservation requested by you without
being required to give any reasons or advance notice
to you. |
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11.
INDEMNITY |
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You
shall indemnify and keep banyantreespa.com indemnified
against all claims, demands, actions, proceedings
made or brought against banyantreespa.com arising
from your use of this website and/or any breach
of any term or condition by you. |
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12.
LINKS TO THIRD PARTIES
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This
website may contain hyperlinks to websites operated
by parties other than banyantreespa.com. The inclusion
of hyperlinks to such websites does not imply banyantreespa.com's
endorsement of such websites nor any association
with their operators. banyantreespa.com is not responsible
for the contents of other websites. |
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13.
VARIATIONS |
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a.
Banyantreespa.com may at any time vary these terms
and conditions of use (including without limitation
banyantreespa.com's conditions of purchase as set
out below) with or without notice to you.
b. You acknowledge that your continued use of the
website and services provided herein after the variations
of these terms and conditions of use shall constitute
your acceptance of the same with immediate effect.
c. Please check this website regularly for such
variations. |
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14.
SEVERABILITY
Any provision of this Agreement which is invalid,
prohibited or unenforceable in any jurisdiction
shall: |
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i.
Be ineffective in that jurisdiction to the extent
of the invalidity, prohibition or unenforceability;
ii. Not invalidate the remaining provisions of this
Agreement; and
iii. Not effect the validity of that provision in
any other jurisdiction. |
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15.
RELATIONSHIP BETWEEN THE PARTIES |
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No
joint venture, partnership, employment or agency
relationship exists between you and banyantreespa.com
as a result of this Agreement or your use of this
website. |
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16.
ADDITIONAL TERMS & CONDITIONS |
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Additional
terms and conditions will apply to your booking
and purchase of our products and services. You agree
to abide by banyantreespa.com's conditions of purchase
and/or the terms and conditions of any supplier
of the travel-related products or services. |
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17.
ENTIRE AGREEMENT |
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Subject
to clause 13, this Agreement (including banyantreespa.com's
conditions of purchase which are set out below)
constitutes the entire agreement between the parties
in respect of its subject matter and supersedes
all prior understandings or agreements (whether
oral or written) regarding the subject matter. |
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18. GOVERNING LAW |
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This
Agreement shall be governed by and construed in
accordance with the laws of Singapore and you submit
to the non-exclusive jurisdiction of the courts
of Singapore. |
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BANYANTREESPA.COM'S
CONDITIONS OF PURCHASE
Without prejudice to the generality of the banyantreespa.com
User Terms & Conditions, the booking for and
purchase of products and services through the website
are subject to the following additional terms and
conditions and other terms imposed by our affiliates
from time to time. In respect of the purchase of
Banyan Tree Gallery products, please refer to the
posted terms and conditions for purchase of such
products for additional terms imposed for such services.
By effecting a booking for or purchase of any product
or service through this website, you agree to be
bound by banyantreespa.com's Conditions of Purchase
and the respective affiliates' terms as the case
may be. |
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1.
MEMBERSHIP |
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You
may only make bookings for or purchase of products
and/or services through this website subject to
your registration and our acceptance of you as a
registered member of the website. Membership is
not transferable but a registered member may make
bookings on behalf of non-member(s). |
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2.
CHANGES |
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The
rates quoted in respect of the products and/or services
available on this website and the corresponding
rates thereof are subject to change without notice.
Please check this website regularly for updates
and promotional offers. |
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3.
TRANSACTION |
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You
acknowledge that the availability of the products
and/or services on this website does not constitute
an offer by banyantreespa.com and/or its affiliates,
acceptance of any request for the products and/or
services made by you is purely at the discretion
of banyantreespa.com and/or its affiliates. |
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4.
PAYMENT |
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a.
Payment may be made by online or offline as prescribed
on this website.
b. You must make payment for the product or service
you have requested in full using your selected mode
of payment by the indicated due date (where applicable)
which will be notified to you. The due date varies
for each product or service.
c. If you fail to make full payment by the relevant
due date in respect of a booking of any product
and/or service, your booking will be cancelled automatically.
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5.
CURRENCY |
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a.
You may make payment for your booking in any one
of the currencies supported on the website. The
applicable exchange rates of the supported currencies
shall be determined at the sole discretion of banyantreespa.com
from time to time.
b. Your payment in any of the supported currencies
shall be in accordance with the applicable exchange
rates at the time of your payment.
c. Banyantreespa.com shall not be liable for any
exchange rate losses incurred by you as a result
of any credit card or other transactions effected
over the website. |
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6. TRAVEL REQUIREMENTS |
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a.
It is your sole responsibility to obtain a valid
visa (where required) and comply with any applicable
immigration laws for your entry and stay at your
destination.
b. Please ensure you have a valid passport for the
duration of your trip. If you require any further
information on passport or visa requirements please
refer to our website or contact our customer services
department for assistance. |
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7.
FORCE MAJEURE |
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Banyantreespa.com
shall not be liable for damages of any kind arising
out of any unforeseen circumstance or circumstance
beyond our control. |
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8.
SPECIFIC TERMS - PRODUCTS & SERVICES |
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The
following terms and conditions are applicable to
products and services listed on the website: |
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a.
Requests
i. When you request for a product or service provided
by the banyantreespa.com and/or its affiliates which
is subject to confirmation, you irrevocably authorise
banyantreespa.com to automatically charge your credit
card upon banyantreespa.com's and/or its affiliates'
confirmation of the availability of the product
or service at the quoted rate.
ii. Banyantreespa.com will not automatically charge
your credit card where there is a change in the
rates quoted.
b. Availability
i. All requests for products and services on this
website are subject to availability and acceptance,
at the discretion of the supplier of such product
and/or service (whether banyantreespa.com and/or
its affiliates as the case may be).
ii. In the event a product or service booked by
you is not available, banyantreespa.com shall use
its reasonable endeavours to recommend to you an
alternative product or service of similar pricing
and quality.
iii. Where the product or service provided by the
supplier is either not available or our suggested
alternative (where applicable) is not acceptable
to you but is fully paid, we shall make a refund
in accordance with our refund policy.
iv. If you fail to accept our suggested alternative
product or service or render full payment by the
specified due date as set out in paragraph 4 above,
we reserve our right to cancel our tentative booking
of the same.
c. Refund Policy
Refunds in such manner as banyantreespa.com may
determine at its discretion may be made by banyantreespa.com
to you in the following circumstances if:
i. the product or service provided by the banyantreespa.com
&/or its affiliates which has been fully paid
for is not available and our suggested alternative
is not acceptable to you; or
ii. you cancel your booking with banyantreespa.com
&/or its affiliates within the time period permitted
for refunds as stipulated in our confirmation to
you. |
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Liability
Disclaimer
While every effort has been made to make this website
as complete and as accurate as possible, its content
should only be used as a general guide and not as
an original source of information. Comments, suggestions
or corrections relating to possible errors both
typographical and content would be much appreciated.
Banyantreespa.com may make improvements and/or changes
in this web site at any time.
All transactions concluded on this website is on
a caveat emptor basis, you are advised to make your
own independent inquiries in respect of the products
and services provided. |
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Reservations
Disclaimer
The rates quoted are subject to applicable government
taxes and may be changed without prior notice. All
rooms are subject to availability at the time of
booking. The prices quoted do not include international
or domestic air transportation; passport or visa
handling; travel insurance; airport and port taxes;
items of a personal nature; excess baggage charge,
and gratuities, unless otherwise stated. Baggage
and personal effects are at owner's risk throughout
their stay. Banyantreespa.com reserves the right
to apply an amendment fee of US$50 per amendment,
from the second amendment. Your credit card details
will be passed on to the respective hotels to secure/guarantee
your booking. Should a deposit be required, the
amount will be debited by banyantreespa.com. Please
note that your reservation requests are subject
to room availability and confirmation by the hotel.
Upon confirmation, you will receive an email or
fax from banyantreespa.com with a reference number
and the rates confirmed by the hotel when all the
components of your reservations have been finalized.
Claims and refunds are subject to the cancellation
policies of the respective hotels as outlined below. |
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IMPORTANT:
Cancellations
A 24-hour cancellation notice is required to
help us reschedule your appointment, subject to
space availability. Any cancellation with less than
4 hours' notice will incur a 50% cancellation fee.
Full charges will be imposed for a "no-show".
If you have any other questions about the use of
this web site, please refer to our User Term &
Conditions or e-mail spaeditor@banyantree.com.
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