Effective date: 01 October, 2022
These terms and conditions (the “LuxWorld Terms and Conditions” or the “Terms“) stipulate the requirements which users must comply with when using the platform called “LuxWorld” provided by Luxstay Pte. Ltd. (the “Company”, “We”), as well as the rights and obligations arising between the Company and the User (“User”, “You”).
By using “LuxWorld”, browsing and/or reading the application/software including website, app, products and any services provided by us on the platform (collectively referred as the “Service”), this signifies that you have read, understood and agreed to be bound by all terms and conditions set forth under this Terms. If you do not agree with any of terms and conditions specified under this Terms, you must cease usage of the Service, or any of its related services, immediately.
I. Acceptance of Terms
If the User has entered into any other agreement with the Company, such as a liability waiver, or a sponsorship agreement, the terms and conditions of those agreements will supersede and prevail over these LuxWorld Terms and Conditions in the event of any inconsistency.
II. Service Usage
The Service is strictly available for the User’s personal and non-commercial use only.The User is hereby strictly prohibited from and against:
1. Undertaking any marketing, promotion, advertising or soliciting any other User to buy or sell any products or services whether through the Service or not;
2. Transmitting any chain letters, junk, bulk or spam e-mail or other unsolicited communications of any kind whatsoever to other Users or publishing the same on the Service or anywhere else;
3. Contacting any other User or using the details of any other User for any purpose not expressly permitted under these LuxWorld Terms and Conditions.It is hereby expressly clarified that any of the aforesaid acts undertaken by the User shall be to the User’s sole liability, responsibility, risk and consequences and the User hereby agree to indemnify the Company for the same.
4. The User agrees to take all necessary precautions in all interactions with other Users when the User communicates with them through the Service if permitted.
5. The Service may provide links or references to other apps, websites or platforms (“site”). The Company has no control over or responsibility for the content on third party sites or transactions that occur there. Links or references are provided for convenience only and the Company will not be liable for any damages or injury arising from those sites. By using a third-party site, the User may be agreeing to their terms and conditions, which may differ significantly from these LuxWorld Terms and Conditions. Make certain the User understands the risks and any applicable policies of third-party sites before retrieving, using, relying upon, or purchasing anything, or before otherwise transacting, via the Internet.
III.Registration and Account
1. In order to use the Service or participate in any activities or challenges hosted by us, you must register and create an account on the Service. You agree that the Company may use any acquired information and data received from you to provide services on the Service that you access or use and as otherwise set forth in this Terms. It is a condition of your use on the Service that all the information you provide to us during your Sign-Up or purchase of products or services on the Service are accurate, correct and up to date. In addition, you agree to maintain and promptly update your information on the Service, and you acknowledge that any false information provided by you shall entitle the Company to terminate your account and this Terms, suspend your use of the Service or to disqualify you from any activities or events hosted by the Company.
2. You shall have the sole responsibility to maintain confidentiality of the username and password that you create and use for log-in to the Service and you agree to accept the responsibilities for all activities which may occur under your account. We endeavor to use reasonable security measures to protect against unauthorized access to your account. However, we do not guarantee absolute security of your account and any information provided by you on the Service and we make no warranty that our security will prevent third party hackers from illegally accessing the Service. You agree to immediately notify the Company of any unauthorized use or any other breach of security.
3. By registering and creating the account on the Service, you agreed to be bound by this Terms and any amendment to these Terms that may be made in the future by the Company.
The Company may offer certain products and Services for purchase through the Apple App Store, Google Play or other external services as authorized by the Company (each an External Service, and any purchases made being an External Service Purchase).
When making a purchase on the Service, you may have the option to pay through an External Service, such as your Apple ID or Google Play account (External Service Account) and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account and as stated by the External Service. You may be charged a sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription on a monthly basis until you cancel your subscription. You will be automatically charged at the price and time period you agreed to when first making the purchase.
If you do not want to renew your subscription, or if you want to amend or cancel your subscription, you must log into your External Service Account and follow the instructions to manage or cancel your subscription. This applies even if you have deleted your account with us or if you have deleted the App from your device.
V .Payments and Fees
1. For any payments on the Service, such as purchase of any NFT products or services you placed an order on the Service, you must designate and provide information about your preferred payment method. If you provide your payment information, you agree and authorize us and certain third-party service providers, payment card networks and payment gateway providers to receive, store, and encrypt your payment information. No refunds or credits will be provided by the Company, other than as set forth in this Terms.
2. The payment for any order placed on the Service shall be paid via the channels specified by the Company.
3. In order to access some features, activities or challenges on the Service, you may be required to pay fees along with any required tax. You agree to pay the fees and other charges occur in connection with your account on the Service, whether on a one-time or any other basis. The Company reserves the right to increase fees, any associated taxes, or to institute new fees at any time without prior notification.
4. The Company reserves the right to refuse any order you placed on the Service and, in the Company sole discretion, limit or cancel quantities purchased per person or per order.
5. In certain circumstances, the Company may require you to submit proof of your completed payment before the Company delivers purchased products.
VI. Ownership of Content
Apart from the content posted on the Service by you, all the content on the Service including texts, software, graphics, photos, sounds, music, videos, any aggregated data on the Service and any other contents (“Content”) is proprietary to the Company and its licensors and is protected under applicable copyrights and other intellectual property laws. The Company does not grant you a license or any ownership rights to any trademarks, service marks or any other intellectual property through your access or usage of the Service. Unauthorized usage of the Content may constitute the right for the Company to terminate these Terms and a breach of intellectual property laws which may subject you to charges and penalties by the law.
VII .User’s Obligation
By using the Service, you agree to comply with the following conditions:
1. You must truthfully provide any information related to your use of the Service and warrant that the provided information will always be accurate, correct and up to date.
2. You must use the Service for the purposes and in accordance with these Terms.
3. You agree to use the Service only for the purpose that is permitted under this Terms and any applicable law, regulation or guidelines in the relevant jurisdictions.
4. You have the sole responsibility for protecting the confidentiality of username and password associated with your account and your e-wallet while using the Service. Unauthorized use or your misconduct in using the Service may result in termination of this Term and the immediate cancellation of the use of the Service.
5. You agree to promptly notify the Company of any unauthorized use or any breach of the Service’s security of which you have become aware.
6. You agree not to use, publish, transmit, distribute or store content, information or any data that is illegal, including but not limited to, harmful, violating any intellectual property rights and containing misleading information.
7. You agree not to use the Service for unlawful purposes or in a way that may violate other user’s rights or against the laws in your jurisdiction.
8. You agree not to use, copy, modify, create a derivative work, reverse engineering, decompile or otherwise attempt to extract the source code of the software underlying the Service or any part thereof.
8. You agree not to use the Service in connection with any inappropriate commercial purposes except those that are expressly approved by the Company.
9. You shall be responsible for any charges or payments occurring from your placed orders or any activities you have participated in the Service.
10. You understand and agree that use of certain features on the Service may require you to purchase or synced the Service with third-party equipment or materials (eg. GPS system) and the Company shall have no responsibility for your use of third-party equipment or materials and does not guarantee that third-party equipment or materials will always be available on the Service.
12. You agreed not to interfere with or circumvent the security features of the Service. We reserve the right to terminate this Term and cancel your use of the Service for your violation.
13. You acknowledge that you will not be able to access and use certain features or services of the Service unless you have an internet connection. All traffic charges or access charges incurred due to the use of the internet are subject to your agreed terms with your mobile network provider, and we shall not be liable for data traffic charges incurred by you, either in full or in part.
VIII Disclaimer of Warranty
To the maximum extent permitted by applicable law, the Company has provided the App on an “AS IS” and “AS AVAILABLE” and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the App or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. The Company does not warrant that the use of the App will always be secured, uninterrupted, available, error-free, free of viruses or similar contamination or destructive features or will meet the User’s requirements or expectations, or that any defects in the App will be corrected or result in the desired results. The Company disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the App at all times and the results of the use of the App.
Opinions, advice, statements, offers, or other information or content made available through the App, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such Content. The Company does not (i) guarantee the accuracy, completeness or usefulness of any information provided on the App, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party other than the Company.
From time to time, the Company may offer new features or tools which the Company’s Users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind and may be modified or discontinued at the Company’s sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
The Company accepts no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by the User as a result of the App.
IX.Limitation of Liability
1. You expressly understand and agree that the Company, its licensors, business partners, and suppliers shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to, any lost profit or lost data of any kind arising out of or relating to your use of the Service, the inability to use, including but not limited to, its content or functionality.
2. Notwithstanding the foregoing, the Company’s total liability shall not exceed the amount you paid the Company specifically for the Service or related products, service or tickets.
3. The above-mentioned limitations, exclusions, and disclaimers in these Terms shall apply to the maximum extent permitted by applicable law, even if remedy fails its essential purpose.
4. Some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, so these limitations or exclusions may not apply to you.
X.Personal Data Protection
XI. Third- Party Applications
1. On the Company’sService, you may be able to download, link or connect with third-party applications through your usage of the Service and available features provided by the Company. The Company shall not be responsible for and make no representations or warranties regarding the content, functionality or compliance with any applicable laws or regulations of these third-party applications.
2. The use of third-party applications and content shall be subject to separate terms and conditions and privacy policies, which will be subject to the responsibility of such third parties that you use their application. Please carefully read and review terms and conditions and privacy policies of third-party applications before you use them.
By using the Service, you agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, costs including but not limited to attorney’s fees, arising from or relating in any way to your use of the Service or any willful misconduct on your part.
Except as set forth in this Terms, all payments, once they are paid, are non-refundable. You agree that the Company will only provide you with a full refund of payment paid for products, services or tickets on the Service, with its sole discretion, only in the event that the payment is processed due to error occurred from the Company’s actions, or the error occurred from the payment system. If you have a question or need more information about our refund policy, please contact us at [email protected]
1. Each user shall have the right to terminate the account by ceasing your use on the Service and delete your account or any related software provided by the Company at any time.
2. The Company reserves the right to terminate these Terms, your account and suspend your access to all the Content on the Service at any time, in its sole discretion, without notice if you breach any provisions of these Terms or any applicable laws. You acknowledge and understand that the Company shall not be liable to you or any third parties for any termination of your account or suspension of your access to the Service due to your violation of these Terms.
3. Upon the termination of these Terms and your account, you shall not be able to access the Service or participate in any activities or events hosted by the Company on the Service and all outstanding payment (if any) shall be payable to the Company or the Company may cancel those pending orders you placed on the Service. The Company shall not be liable for any damage or compensation for cancellation of your placed order after terminating this Terms and your account.
XV. Changes of this Terms
1. The Company reserves the right to amend any terms and conditions of this Terms at any time and for any reasons in its sole discretion. By continuing to access or use the Service, you are agreeing to be bound by the modified Terms with no objection.
2. The Company and its third-party service providers may make improvements and/or changes in the Service, including but not limited to, services, features, and prices described at any time and for any reason in its sole discretion. You agree that the Company shall not be liable for any modification, suspension and discontinuance of the Service.
No failure by the Company in enforcing any right, power, privilege or provision of this Terms shall constitute a waiver by the Company. The Waiver of any such right, power, privilege or provisions of this Terms will only be effective if in writing and signed by a duly authorized representative of the Company.
You must not misuse the Service. This means that you must not (among other things):
1. Commit or encourage a criminal offense;
2. Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
3. Hack into any aspect of the Service, corrupt data, or cause annoyance to other users;
4. Infringe upon the rights of any other person’s proprietary rights;
5. Send any unsolicited advertising or promotional material, commonly referred to as “spam”;
6. Attempt to affect the performance or functionality of any computer facilities of or accessed through this Service;
7. Use an emulator or similar third party software to cheat in accumulating benefits or gain an advantage;
8. Make false, inaccurate, misleading or deceptive representations;
9. Engage in fraudulent conduct or abuse, misuse or attempt to abuse or misuse the Service;
10. Threaten or harass any other person;
11. Submit any content that contravenes any laws;
12. Infringe on the rights of any person who has a copyright, patent, trademark or any other form of intellectual property right, confidentiality or privacy;
13. Contravene any applicable state, federal or international law or regulation;
14. Engage in defamatory or libelous conduct towards any other person;
15. Publish or engage in obscene material that in the Company’s sole discretion, is in any way inappropriate or unsuitable for the Service;
16. Publish or participate in publishing any malicious code, script or data that may causes harm, damage or interfere or modify the Services without the express prior written consent from the Company; or
17. Engage in conduct deemed contrary to the spirit of the Service as determined by the Company in its sole discretion.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Service or to your downloading of any material posted on it, or on any Linked Sites.
We are not liable for any loss of tokens or assets incurred as a result of the suspension or cancellation of your access to the Service.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you have any questions about the Terms, you may contact us via email: [email protected]