1. Introduction

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1.1 Please read these Terms of Service carefully. By using the Service (as defined below), you agree that you have read and understood the terms in these Terms of Service which are applicable to you. These Terms of Service and Globaleur Policies (as defined below) constitute a legally binding agreement (“Agreement”) between you and MG Innovation Lab DBA Globaleur (“TABA taxi app”). The Agreement applies to your use of the Service provided by Globaleur. If you do not agree to the Terms of Service please do not use or continue using the Platform (as defined below) or the Service.

1.2 Globaleur may amend the terms in the Agreement at any time. Such amendments shall be effective once they are posted on the Application. It is your responsibility to review the Terms of Service and Policies regularly. Your continued use of the Service after any such amendments, whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.

1.3 GLOBALEUR IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR CONSUMERS TO VIEW, OBTAIN OR PROCURE GOODS AND SERVICES. DEPENDING ON THE GOODS OR SERVICES IN QUESTION, THE GOODS OR SERVICES MAY BE SUPPLIED BY GLOBALEUR OR A PARTNER. WHERE THE GOODS/SERVICES ARE OFFERED AND/OR PROVIDED BY A PARTNER, GLOBALEUR’S ROLE IS MERELY TO LINK THE CONSUMER WITH SUCH PARTNERS OR TO ENABLE CONSUMERS TO VIEW INFORMATION IN RESPECT OF THE PARTNER’S GOODS/ SERVICES. GLOBALEUR IS NOT RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF ANY PARTNER OR INFORMATION RELATING TO THE SAME. PARTNERS SHALL BEAR ALL LIABILITY IN RELATION TO SUCH GOODS/SERVICES. PARTNERS ARE NOT, AND SHALL NOT HOLD THEMSELVES OUT TO BE, AN AGENT, EMPLOYEE OR STAFF OF GLOBALEUR AND THE SOLUTIONS PROVIDED BY PARTNERS SHALL NOT BE DEEMED TO BE PROVIDED BY GLOBALEUR.

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2. Definitions

 

In these Terms of Service, the following words shall have the meanings ascribed below:

 

2.1 “Application” means the relevant mobile application(s) made available for download by Globaleur (or its licensors) to Consumers and Partners respectively;

2.2 “Consumer” or “User” means any end-user who accesses or uses the Platform to search for and obtain the Solutions;

2.3 “Consumer Charges” or “User Charges” means charges incurred by Consumers for the Solutions obtained through the use of the Service, including any applicable tolls, taxes and any other fees or charges that may be due for a particular use of the Service or Solutions;

2.4 “Globaleur” / “we”/ ”TABA” means: MG Innovation Lab DBA Globaleur in relation to TABATaxi;

2.5. “Globaleur Policies” means the following:the Privacy Notice; and all other forms, policies, notices, guidelines, frequently asked questions (FAQs), in-app or website product/service descriptions and information cards, or agreements provided to or entered into by you from time to time;

2.6 “Partner” means the independent third parties (who are not Globaleur) who provide the relevant Solutions to Consumers through the Service, including (a) driver-partners such as ONDA, (b) technology partners, and (c) any other relevant goods and services providers; 

2.7 “Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, personal interests, email address, your image, government-issued identification numbers, biometric data, race, date of birth, marital status, religion, health information, vehicle and insurance information;

2.8 “Platform” means the Application, Software and any other platform, portal or website which Globaleur owns, operates or otherwise makes available to Consumers and/or Partners for the purposes of or in connection with the Service and/or Solutions;

2.9 “Platform Content” means any content as made available on the Platform or any part thereof;

2.10 “Privacy Notice” means our Privacy Notice 

2.11 “Service” means the linking of Consumers to Partners or other Consumers to facilitate the Solutions;

2.12 “Software” means any software in connection with the Application, Service and/or Solutions which is made available by Globaleur;

2.13 “Solutions” means the transportation, logistics, travel and/or other products and services which are made available to Consumers through the following offerings:

2.13.1 TABA Taxi, and any such other offerings which Globaleur may make available from time to time; and

2.14 “you” refers to the Partner and/or Consumer as may be applicable.

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3. Representations, Warranties and Undertakings

 

3.1 By using the Service and/or Platform, you represent, warrant and undertake that:
3.1.1 You have legal capacity to enter into the Agreement and that you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old;
3.1.2 You will provide true, accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Globaleur may rely on your information as true, accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Globaleur has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
3.1.3 You will provide us with whatever proof of identity or any other documents, permits, licenses or approvals which we may reasonably request or require;
3.1.4 You will only use an access point or account which you are authorized by Globaleur to use;
3.1.5 You acknowledge and agree that only one (1) account can be registered on one device, except as otherwise permitted by Globaleur;
3.1.6 You will keep your account password or any identification we provide you which allows access to the Service secure and confidential;
3.1.7 You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
3.1.8 You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
3.1.9 When using the Service/Platform, you agree to comply with all laws applicable to you and/or your use of the Service/Platform;
3.1.10 You will only use the Platform and Service for their intended and lawful purposes;
3.1.11 You will not try to interrupt, impair or harm the Service and/or Platform in any way, and shall refrain from: (a) sending spam or otherwise duplicative or unsolicited messages; (b) sending, posting or storing infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children, violative of any third party rights or otherwise in breach of the applicable laws and/or Globaleur Policies such as the Review Guidelines and Guideline on inappropriate and sensitive online content; (c) sending material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (d) interfering with or disrupt the integrity or performance of the Platform or the data contained therein; (e) attempting to gain unauthorized access to the Platform or its related software, systems or networks; (f) impersonating any person or entity or otherwise misrepresent your affiliation with a person or entity; (g) engaging in any conduct that could possibly damage our reputation or amount to being disreputable; (h) circumventing the proper operation of the Platform and network which the Service operates on; and (i) using any manual or automated program or script, including but not limited to web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, to unduly burden or hinder the operation and/or performance of the Platform, or to circumvent the navigational structure or presentation of the Platform or its content;
3.1.12 You will not attempt to commercially exploit any part of the Platform without our permission. For the avoidance of doubt, you are not permitted to modify or make derivative works based on the Platform, its content or any part thereof in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose save where specifically permitted in writing by Globaleur. This includes without limitation, not to: 
(a) create or compile, directly or indirectly, any collection, compilation or other directory from any content displayed on the Platform except for your personal, non-commercial use;
(b) copy any content displayed through the Platform or “mirror” the Platform or any parts thereof on any other server or wireless or internet-based device, including reproducing any third party product content and reviews, for republication in any format or media; or navigational structure or presentation of the Platform or its content elsewhere;
(c) conduct data mining or scraping activities, unless an exception applies under applicable law; and
(d) disassemble, decompile, reverse engineer, decrypt or attempt to derive and code or extract software from, the Platform or any software or services made available on or through the Platform;
3.1.13 You will not utilize modified devices or applications with the intent of evading detections or facilitating any activities intended to defraud Globaleur or to disrupt the natural functions of the Platform;
3.1.14 You will not use the Platform for sending or storing any unlawful material or for fraudulent purposes;
3.1.15 You will not use the Platform to cause nuisance or behave in an inappropriate or disrespectful manner towards Globaleur or any third party;
3.1.16 You agree that the Service is provided on a reasonable effort basis;
3.1.17 You agree that your use of the Service will be subject to the Globaleur Policies as may be amended from time to time;
3.1.18 You agree to assist Globaleur with any internal or external investigations as may be required by Globaleur in complying with any prevailing laws or regulations in place; 
3.1.19 You provide us the phone numbers of Globaleur users and other contacts in your mobile phone address book on a regular basis. You confirm that you are authorized to provide us with such numbers to enhance the Service/Platform for your use or such other purpose as we may communicate to you before or at the point of provision;
3.1.20 You are aware that when requesting Solutions by SMS or by using the Service or accessing the Platform, standard telecommunication charges will apply;
3.1.21 You agree that Globaleur may, based on its sole discretion, consider an account to be dormant if there has been no transaction made by you on your user account for a period of six (6) months from the last date of transaction and deactivate or restrict access to your user account; and
3.1.22 You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Globaleur or any other party as a result of your breach of this Agreement.

3.3 If you are a Consumer, you further represent, warrant and undertake that :
3.3.1 Your use of the Service and Platform is, unless otherwise allowed by Globaleur, for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Minor”), in which case you shall assume primary responsibility of the Minor;
3.3.2 If you are using the Service and Platform for the purpose of accessing a personal mobility device (PMD) made available to you, you warrant that you are of full age under the applicable laws to operate the PMD;
3.3.3 Where applicable, you agree to indicate the accurate number of passenger(s) when requesting for the Service.
3.3.4 You further acknowledge and agree that if the information on the number of passengers is untrue or inaccurate, the Partner is entitled to cancel your booking and you may be charged a Cancellation Fee, as per the Cancellation Policy on Globaleur’s website;
3.3.5 You shall not contact the Partner for purposes other than the Service; and
3.3.6 You shall not intentionally or unintentionally cause or attempt to cause damage to the Partner or any property of the Partner.
 

4. Compatibility

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Different models or versions of routers, browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform with specific mobile devices or other hardware.

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5. License Grant and Restrictions

 

5.1 Globaleur and its licensors, where applicable, grant you a revocable, non-exclusive, non- transferable, limited license to use and access the Platform to use the Service, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Globaleur and its licensors.

 

5.2 You shall not:

5.2.1 post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or

5.2.2 remove any copyright, trademark or other proprietary rights notices contained on the Platform.

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6. Payments

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6.1 Payment Terms for Partners (Driver-partners):

6.1.1 YOU ACKNOWLEDGE AND CONFIRM THAT GLOBALEUR MAY ADMINISTER AND ACT AS YOUR COLLECTION AGENT TO PAY TO YOU THE TOTAL AMOUNT OF CONSUMER CHARGES DUE TO YOU IN RESPECT OF YOUR PROVISION OF THE SOLUTION.

6.1.2 Globaleur retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Consumer have breached any of the Terms in this Agreement. In such an event, you shall not hold Globaleur liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.

6.1.3 Globaleur may, at its sole discretion, make promotional offers with different features and different rates on the Solutions to any of the Consumers whereby these promotional offers shall accordingly be honored by you. Globaleur may change the Service Fee at any time at its sole discretion.

6.1.4 Globaleur sends out 

 

6.2 Payment Terms for Consumers:

6.2.1 Consumers are required to make full payment of the Consumer Charges for all services offered in the Application by the method selected at the time of booking, which may be cash, or one of the automated payment methods available to you on the Application. Any payment pursuant to such selection is non-refundable and irrevocable.

6.2.2 Automated payment may be made by credit card and or debit card, PayPal or where available by such other methods as are made available in the Application. 

6.2.3 If the tipping feature is available, you may have the option to pre-set a default “tip” amount of your choosing when you register for the Service. This will automatically be included in the Consumer Charges after the Solution has been provided and given to the Partner unless you choose to change the amount or remove the tip.

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7. Cancellation

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7.1 Cancellation Terms for Partners:

7.1.1 Consumers rely on you for delivery or provision of the Solutions. You agree that high and/or frequent cancellation rates or ignoring the Consumers’ bookings will impair the Consumers’ experience and negatively impact the reputation and branding of Globaleur.

7.1.2 While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Globaleur reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons or ignoring a booking may be counted in determining if your access to the Service will be temporarily restricted.

7.2 Cancellation Terms for Consumers (Transportation Solutions):

7.2.1 Unless otherwise stated in any Globaleur Policy, you may cancel your request for transportation services at any time before you commence your ride with the Partner that has been matched with you by the Service.

7.2.2 If you decide to cancel your ride booking or do not show up at the designated location, you may be charged a Cancellation Fee or such other Cancellation Fee as Globaleur may notify from time to time via the Cancellation Policy on Globaleur’s website.

7.2.3 If you feel you were incorrectly charged a Cancellation Fee, you may contact us via Help Centre. We reserve its absolute discretion to any refunds to you and such refunds may be credited to the payment card you used for the journey, or by such other method as is deemed reasonable by Globaleur.

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8. Loyalty Programme and Promotions for Consumers

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8.1 If indicated as such during your use of the Application, you will automatically be a member of the loyalty programme if the programme is available

8.2 From time to time, we may run marketing and promotional campaigns which offer voucher codes, discounts, subscription plans or other promotional offers to be used on the Platforms (“Vouchers“). Vouchers are subject to validity periods, redemption periods, limits and/or other availability. Vouchers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to Vouchers. Unless otherwise stated, Vouchers can only be used on our Platforms. Vouchers are non-transferable, non-exchangeable, non-refundable and cannot be exchanged for cash. We may withdraw, amend and/or alter any applicable terms and conditions of the promotions or subscriptions at any time without prior notice. We may also void, discontinue or disqualify you from any promotion or subscription plan without prior notice in the event that you breach any part of these Terms of Service.

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9. Ratings; Complaints

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9.1 Consumers and Partners may be allowed to rate each other in respect of Solutions provided.

9.2 Every rating will be automatically logged onto Globaleur’s system and we may analyze all ratings received. We may take all appropriate actions including suspending your use of the Service without any notice or compensation to you.

9.3 Any complaints between Partners and Consumers must be taken up with each other directly.

9.4 Please contact our Help Center if you have any questions or comments in relation to the Platform.

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10. Estimated Timings for Partners and Consumers

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10.1 All arrival times or pick-up times shown to you on the Platform (as may be applicable to the Solution or Service) are estimates only. Actual arrival or pick-up times may vary.

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11. Repair and Cleaning Fees for Consumers

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11.1 Where applicable, you shall be responsible for the cost of repairing any damage to or necessary cleaning of the Partner’s property as a result of your misuse of the Service or breach of the Terms of Service herein. Globaleur may facilitate payment for reasonable cost of such repair or cleaning on behalf of the Partner via your designated payment method or demand from you in cash, in the event a request for repair or cleaning request by the Partner has been verified by Globaleur.

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12. Intellectual Property Ownership

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12.1 Globaleur and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and by extension, the Service as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the same. The Terms of Service do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service and/or the Platform, or any intellectual property rights owned by Globaleur and/or its licensors. Globaleur’s name, logo, the Service, the Platform and any third parties’ logos and the product names associated with the Software and/or the Platform are trademarks of Globaleur or third parties, and no right or license is granted to use them. For the avoidance of doubt, the term “Platform” shall include its respective components, processes and design in its entirety.

 

12.2 You may be able to submit your content or make your content publicly available via or otherwise in relation to certain feature(s) of the Platform. Save where otherwise specified in the Agreement, Globaleur does not claim ownership of the content that you provide us with. Where you upload or provide us with any content that is covered by intellectual property rights, you (a) irrevocably grant us a royalty-free, worldwide, perpetual, non-exclusive, unrestricted right and license to host, store, use, reproduce, modify, edit, adapt, translate, create derivative works of, publish, publicly perform or display,  distribute, sublicense, or otherwise provide to others, your content (including without limitation name and/or likeness) in any and all media, formats, and channels (now in existence or hereinafter developed) for any purpose; and (b) undertake that you have the right to grant us such license and shall remain responsible for the content you provided. For the avoidance of doubt, you also grant to Globaleur the right (though you acknowledge and agree that we shall not be so obliged) to use your name and/or likeness in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. If you choose to give us feedback, such as suggestions to improve our services, we may act on your feedback without obligation to you. Should you wish to request removal of any of the content, you may contact our Help Centre to submit such a request. Where the content you submitted is a review, the Review Guidelines shall additionally apply.

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13. Taxes

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13.1 You agree that this Agreement is subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be applicable from time to time. You shall comply with all applicable laws and take all steps required to enable, assist and/or defend Globaleur to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service.

13.2 If you are a Partner, you are accountable for paying any tax and statutory contributions due in respect of sums payable to you under or in connection with this Agreement.

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14. Confidentiality

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14.1 You shall maintain in confidence all information and data relating to Globaleur, its services, products, business affairs, marketing and promotion plans or other operations and its associated companies which are disclosed to you by or on behalf of Globaleur (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Globaleur, or any of its affiliate companies, or created in the course of this Agreement. You shall further ensure that you only use such confidential information in order to use the Service, and shall not without Globaleur’s prior written consent, disclose such information to any third party nor use it for any other purpose.

 

14.2 The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:

14.2.1 was at the time of receipt already in your possession;

14.2.2 is, or becomes in the future, public knowledge through no fault or omission on your part;

14.2.3 was received from a third party having the right to disclose it; or

14.2.4 is required to be disclosed by law.

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15. Data Privacy and Personal Data Protection Policy

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15.1 Globaleur collects and processes your Personal Data in accordance with its Privacy Notice. The Privacy Notice applies to all of our Services and its terms are made a part of this Agreement by this reference.

15.2 Where applicable, you agree and consent to Globaleur, its subsidiaries and any of its affiliate companies collecting, using, processing and disclosing Personal Data as further described in our Privacy Notice.

15.3 You acknowledge that we may disclose Personal Data of other individuals to you in the course of your use of our Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by us, and not for any other unauthorized purposes.

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16. Third Party Interactions

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16.1 During use of the Service, you may enter into correspondence or transactions with third parties who display or offer their goods and/or service through the Platform. Any such communication or agreement is strictly between you and the applicable third party and Globaleur and its licensors shall have no liability or obligation for any such communication or agreement. Neither Globaleur nor any of its affiliate companies endorses any applications or sites on the Internet that are linked through the Platform, and in no event shall Globaleur, its licensors or its affiliate companies be responsible for any content, products, services or other materials on or available from such sites or third parties. Certain third parties may require your agreement to additional or different terms of use and privacy policies prior to your use of or access to such goods or services, and Globaleur is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third parties. You acknowledge that such additional or different terms of use and privacy policies may apply to your use of such third party services. Globaleur is not liable for any information that you provide to or authorize us to provide to a third party, or for such third party’s collection, use and disclosure of such information.

 

16.2 Globaleur may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service and/or to earn additional revenue. If you do not wish to receive such advertising and marketing, please refer to our Privacy Notice for instructions to unsubscribe or update your privacy settings.

16.3 You agree and allow Globaleur to compile and release information regarding you and your use of the Service on an anonymous basis as part of a consumer profile or similar report or analysis. You agree that it is your responsibility to take all precautions in all actions and interactions with any third party you interact with through the Service, Platform and/or advertising or marketing material supplied by third parties through the Service.

16.4 We may include hyperlinks to other websites or content on the Internet that are owned or operated by; or otherwise make available content or material relating to or provided by; third parties who do not have any relationship with us (collectively, “Third Party Content“). Such Third Party Content is usually not under our control. We are not responsible or liable for any errors, omissions, delay, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable Third Party Content, or the consequences of your use of any Third Party Content. The availability of Third Party Content on the Platform is neither an endorsement or verification of the Third Party Content and the related third party(ies) by us; nor does it indicate that we have any relationship with the related third party(ies) be it affiliation, partnership, collaboration, endorsement or sponsorship. You agree that your access to or use of any Third Party Content is entirely at your own risk. Please approach our Help Centre should you have any questions or concerns about any of the Third Party Content.

16.5 Save for factual, truthful and not misleading references through a plain text link to http://www.globaleur.com or URL(s) which Globaleur may specifically provide you with, any linking to the Platform or any part thereof is strictly prohibited in the absence of prior approval by Globaleur. Notwithstanding any other provisions, any website, software, platform or other device that links to the Platform or any part thereof is prohibited from (a) replicating any Platform Content, (b) using a browser or border environment around the Platform Content, (c) implying in any fashion that Globaleur is endorsing it or its products or services, (d) misrepresenting any state of facts, including its relationship with Globaleur, (e) presenting false information about products or services of Globaleur, and (f) using any logo or mark of Globaleur without prior written approval from Globaleur.

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17. Indemnification

 

17.1 By agreeing to the Terms of Service upon using the Service or accessing the Platform, you agree that you shall indemnify and hold Globaleur, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with: (a) your use of the Service, the Platform and/or any part thereof in your dealings with the Partners or Consumers (as the case may be), third party merchants, providers, partners, advertisers and/or sponsors, or (b) your violation or breach of any of the Terms of Service, any third party terms and conditions or any applicable law or regulation, whether or not referenced herein, or (c) your violation of any rights of any third party, including Partners or Consumers arranged via the Service, or (d) your use or misuse of the Service, the Platform and/or any part thereof, or (e) where applicable, your ownership, use or operation of any property, including your provision of Solutions to Consumers via the Service.

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18. Disclaimer of Warranties

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18.1 Globaleur makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service, Software, Application or Platform. Globaleur does not represent or warrant that (a) the use of the Service, Software, Application or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, services, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service and the Platform as well as the related content are provided to you strictly on an “as is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.

18.2 Globaleur makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by Partners or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by Partners and shall have no recourse to Globaleur in respect of the same.

18.3 Where applicable, Globaleur’s role as collection agent is solely mechanical and administrative in nature and Globaleur does not owe to you a duty of care or any fiduciary duties.

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19. Internet Delays

 

THE SERVICE, PLATFORM, APPLICATION AND/OR THE SOFTWARE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS INCLUDING THE DEVICE USED BY YOU OR THE PARTNER BEING FAULTY, NOT CONNECTED, OUT OF RANGE, SWITCHED OFF OR NOT FUNCTIONING. GLOBALEUR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.

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20. Limitation of Liability

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20.1 UNLESS OTHERWISE STATED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIMS AGAINST GLOBALEUR BY YOU SHALL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILIZING THE SERVICE DURING THE EVENT GIVING RISE TO SUCH CLAIMS. GLOBALEUR AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY OR CAUSED TO YOU OR TO ANY PERSON FOR WHOM YOU HAVE BOOKED THE SERVICE OR SOLUTION, INCLUDING BUT NOT LIMITED TO:

20.1.1 LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

20.1.2 THE USE OR INABILITY TO USE THE SERVICE, THE PLATFORM, APPLICATION AND/OR THE SOFTWARE;

20.1.3 ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING; OR

20.1.4 AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY CONSUMER, PARTNER, MERCHANT, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE PLATFORM OR IS REFERRED TO BY THE SERVICE AND/OR THE PLATFORM,

EVEN IF GLOBALEUR AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

20.2 GLOBALEUR DOES NOT WARRANT OR REPRESENT THAT IT ASSESSES OR MONITORS THE SUITABILITY, LEGALITY, ABILITY, MOVEMENT OR LOCATION OF ANY CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS AND YOU EXPRESSLY WAIVE AND RELEASE GLOBALEUR FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS.

20.3 GLOBALEUR WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN YOU AND CONSUMERS OR PARTNERS INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. UNLESS YOU ARE A CORPORATE CONSUMER WITH A CURRENT CORPORATE ACCOUNT WITH GLOBALEUR, GLOBALEUR CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE PARTNERS, INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES AND PRODUCTS OFFERED VIA THE SERVICE AND/OR THE PLATFORM (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH AND ON YOU. YOU EXPRESSLY WAIVE AND RELEASE GLOBALEUR FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE AND/OR THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INCLUDING MERCHANTS, ADVERTISERS AND/OR SPONSORS INTRODUCED TO YOU BY THE SERVICE AND/OR THE PLATFORM.

20.4 THE QUALITY OF THE SOLUTIONS SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PARTNER WHO ULTIMATELY PROVIDES SUCH SOLUTION TO THE CONSUMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO SOLUTIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.

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21. Notice

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21.1 Globaleur may give notice through the Platform, electronic mail to your email address in the records of Globaleur, or by written communication sent by registered mail or pre-paid post to your address in the records of Globaleur. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Globaleur (such notice shall be deemed given when received by Globaleur) by letter sent by courier or registered mail to Globaleur using the contact details as provided in the Platform.

 

22. Assignment

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22.1 Unless otherwise stated herein, these Terms of Service as modified from time to time may not be assigned by you without the prior written approval of Globaleur but may be assigned without your consent by Globaleur. Any purported assignment by you in violation of this section shall be void.

 

23. Dispute Resolution

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23.1 These Terms of Service shall be governed by Korean law, without regard to the choice or conflicts of law provisions of any jurisdiction.

23.2 Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Service (“Disputes“) or the Service shall be referred to the Korean Council for International Arbitration (KOCIA) , in accordance with the Rules of the KOCIA as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of you and Globaleur (the “Arbitrator”). If you and Globaleur are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of KOCIA in accordance with the Rules. The seat and venue of the arbitration shall be Korea, in the English or Korean language and the fees of the Arbitrator shall be borne equally by you and Globaleur, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

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24. Relationship

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24.1 Nothing contained in these Terms of Service shall be construed as creating any agency, partnership, or other form of joint enterprise with Globaleur.

 

25. Severability

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25.1 If any provision of the Terms of Service is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

 

26. No Waiver

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26.1 The failure of Globaleur to enforce any right or provision in the Terms of Service shall not constitute a waiver of such right or provision.

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27. Entire Agreement

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27.1 This Agreement comprises the entire agreement between you and Globaleur in relation to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions, save where mutually agreed otherwise. For the avoidance of doubt, where you have entered into a separate written agreement with Globaleur which incorporates a reference to these Terms of Service, these Terms of Service shall be applicable in addition to the said written agreement. In the event there are inconsistencies between these Terms of Service and the separate written agreement, you agree to work with Globaleur in good faith to resolve the conflicts or inconsistencies. Certain services made available on the Platform may be subject to additional terms and conditions, which will be communicated to you.

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28. Suspension and Termination; Modification of Platform Content

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28.1 You agree that we may do any of the following, at any time, without notice:

(i) modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform (including access to your account and/or the availability of any products or services), for any reason;

(ii) modify or change any applicable policies or terms; and

(iii) interrupt the operation of the Platform or any portion of the Platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.

We shall not be required to compensate you for any modification, suspension or termination.

 

28.2 Without prejudice to any other provisions, we may vary, modify or remove Platform Content without notice (including without limitation information relating to the availability of a product or service, product or service descriptions, pricing, promotions, offers, product shipping charges and transit time). In the event any Platform Content contains any typographical errors, inaccuracies, omissions or otherwise violates Globaleur Policies, we reserve the right to (but shall not be obliged to, save to the extent where mandated by applicable laws) carry out any such measures as Globaleur deems appropriate (collectively, “Rectification Measure”) including without limitation (i) correcting the said errors, inaccuracies or omissions, (ii) changing or updating information; and/or (iii) where applicable, canceling the affected orders at any time without prior notice (including without limitation after an order has been submitted).

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29. No Third Party Rights

29.1 Except for the parties who are indemnified pursuant to the indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.