1. Acceptance of Terms
1.2. Please read these Terms of Service (the “Terms of Service”, “Terms” or “Agreement”) carefully as they govern your use of the mobile and internet-based services and business tools offered by Vaniday Singapore Pte Ltd (the "Company," "Vaniday,” “we”, “us” or “our”). This Terms will be effective from the time a user registers on the Service until cancellation of their account.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THE TERMS OF THIS AGREEMENT ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
1.3. User’s attention is drawn in particular to the following:
1.3.1. Clause 3.8; and
1.3.2. Clause 4.
1.4. We appreciate you for using our service which includes the use of:
1.4.1. the websites www.vaniday.com.sg, www.vaniday.com, www.vanizine.com (the “Website”)
1.4.2. any Vaniday-branded mobile apps/software we make available,
1.4.3. any pages we operate on third party social media applications;
1.4.4. the content and services we make available through them via the internet or mobile devices (including smart phones and tablets); and
1.4.5. the provision by us of associated information, products and services by e-mail or your mobile device.
1.4.6. Such services, applications and the Website are collectively referred to as the “Service”.
1.5. The Vaniday Services are designed to provide:
1.5.1. “Clients” (term used interchangebly with “customers”) with:
1.5.2. the supply of "professionals" (term used interchangebly with "salons") registered within the Vaniday Platform for the scheduling and the contracting of Beauty/Wellness Services;
1.5.3 the supply of “sellers” registered within the Vaniday Platform for sale of the Goods;
1.5.4. Professionals/Salons with:
1.5.5. offers of different service packages with the primary aim of capturing new clients by the provision to them of the professional’s Beauty/Wellness Services; and
1.5.6. a tool on the Vaniday Platform for synchronisation of the professional’s schedule and management of business operations.
1.5.7 Sellers with:
1.5.8 service consisting of: i) the listing and publishing of Content Materials regarding the Goods on the Platform; ii) the offering for sale of the Goods on behalf of Seller; iii) limited Customer care services; iv) Order verification; v) management of deliveries and returns; vi) collection, reconciliation and execution of all Sales Proceeds as payment processing agent for Seller; and vii) other services ancillary to the Services;
1.5.9 if applicable, Additional Services that may be provided to Clients, Salons or Sellers by Vaniday or by third parties.
1.6. These Terms of Service and all referenced exhibits or policies, including the Privacy and Cookies Policy, constitute the entire agreement between you and Vaniday concerning the subject matter herein and the use of the Services and supersede any and all previous agreements, written or oral, between you and Vaniday, including previous versions of these Terms of Service.
1.7. If you enter any prize competitions or other promotions on the Services, separate terms and conditions may also apply in addition to these Terms and Policies. In the event of a conflict between any additional terms and conditions and these Terms and Policies, such additional terms shall prevail to the extent of the conflict.
1.8. All users must accept these Terms to use the Services. Use of the Services constitutes acceptance of and agreement to all the terms and conditions in these Terms of Service. If a user objects to anything in these Terms they are not permitted to use the Services.
1.9. You may not assign, transfer or sub-contract any of your rights under the Terms without our prior written consent. We may assign, transfer or sub-contract all or any of our rights at any time without consent.
1.10. We may vary these Terms of Service from time to time and shall post such alterations on the Website. If you do not agree to the changes made to these Terms then you have the right to stop using Services, and should do so immediately. Your continued use of the Vaniday Services after the date the changes have been posted on the Website will constitute acceptance of the amended Terms.
1.11. All rights to the Website and the content on it (except for Professional Content) and all other Intellectual Property Rights belonging to or licensed to Vaniday remain vested in Vaniday at all times. Nothing in this Agreement shall give any User any rights in respect of any such Intellectual Property Rights or of the associated goodwill.
1.12. The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
1.13. No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
1.14. All users must comply with all applicable laws, treaties, ordinances, codes and regulations.
1.15. All users be responsible and pay all taxes, duties, fees and other charges arising out of or associated with the booking and/or Order, the Payment or in any other way owed by Profession or Seller under the Agreement or the Client Agreement.
1.16. All users obtain all necessary rights, licences, permits, or approvals required for the offer, advertising, and sale of the Services and/or Goods on or through the Platform prior to their listing and will provide, as such time as Vaniday may so request, copies of these documents to Vaniday;
1.17. All users do not display any materials that exploits or otherwise exploits persons under the age of eighteen (18) years or display pornographic materials of any kind; display any political or religious content; display any content that promotes, or otherwise encourages violence against any governments, organizations, groups or individuals or activities that leads to cruelty towards animal; conduct activities such as gambling, sweepstakes, raffles and lotteries or participate in any activities related to so-called pyramid or Ponzi schemes, or any other illegal, immoral or antisocial activities;
1.18. All users do not transmit unsolicited commercial or bulk email, interfere with the proper working of the Platform, transmit any viruses, Trojan horses, or other harmful code, or attempt to bypass any mechanism used to detect or prevent such activities;
2. Definition of Terms
2.1. In addition to terms defined elsewhere in this Agreement, the following terms will have the meaning ascribed below:
2.1.1. “Client” or “Customer” means any person who is seeking Beauty/Wellness Services, by means of the Vaniday Platform, and/or who is purchasing or receiving the professional services, and/or who is buying goods by means of the Vaniday Platform.
2.1.2. “Professional” means an individual or organisation (eg: a Salon) that is in the business of providing, and supplying to customers Beauty/Wellness Services by means of the Vaniday Services.
2.1.3 “Seller” mean an individual or organization (eg: a Manufacturer) that is in the business of providing, and supplying to customers Goods by means of the Vaniday Services
2.1.4. “Professional Content” means any information, documentation, equipment, software or other material (which may include the Professional’s name, logo and any other brand features and Intellectual Property Rights) which may be published on the Service(s) pursuant to this Agreement.
2.1.5. “Intellectual Property Rights” means all intellectual property rights on a worldwide basis whether currently in existence or otherwise and whether vested or contingent including (without limitation) copyright (including foreign language translation rights), design rights, database rights, rights in any domain names, registered designs, patents, trade-marks, trade names and all similar rights whether registered or otherwise (including, without limitation, all extensions, reversions, revivals and renewals thereof). The above shall include, in relation to registrable rights, any applications made or rights to make applications in respect of any such rights.
2.1.6. “Parties” means Vaniday, the Professional, the Seller and the Client.
2.1.7. “Payment Provider” means the Company providing financial/operational services is responsible for the management and the control of payments made within the Vaniday Platform. The user is aware that Vaniday has no direct contact with the securities transactions performed by this means of payment, and all values and commission distribution must be performed exclusively by this means of payment.
2.1.8. “Registration Data” has the meaning as set out in clause 7.1.
2.1.9. “User” means individually, when in the singular, or jointly, when in the plural, the Professional, the Seller and the Client.
2.1.10. “Vaniday”: Means the Company, contracted by users through the Vaniday Platform in order to ease, optimise and maintain the beauty and wellness service contraction by a beauty/wellness professional and a client, locate clients wishing to receive any kind of beauty services by a professional and facilitating the sale transaction for goods between a client and a seller.
2.1.11. “Vaniday Platform” or “Platform” means any and all systems used by Vaniday in order to enable a contractual relationship between a professional and a client, being, but not limited to, the Services including the website www.vaniday.com.sg and the application (“App”).
2.1.12. “Vaniday Services” means all services, application and functionalities made available by Vaniday to a Partner either on the Platform or in any other form, such as Widgets, Software and other;
2.1.13. “Promotional campaigns” means a series of advertisements and promotions that share the same message and ideas to promote Vaniday and its professionals to a target audience.
2.1.14. “Software” means the Vaniday web-based connection and salon management software running through a web browser which connects Partner´s IT infrastructure to the Platform and Vaniday’s IT infrastructure and to which the partner is granted access through its login data;
2.1.15. “Widget” means a widget which may be provided as one of the Vaniday Services for the Partner to embed in their website, which allows Bookings to be made.
2.1.16. “Fee” means the fee payable by the partner to Vaniday
2.2. Unless the context otherwise requires:
2.2.1. each gender includes the others;
2.2.2. the singular includes the plural and vice versa;
2.2.3. references to this Agreement include its Schedule;
2.2.4. references to persons include individuals, unincorporated bodies, government entities, companies and corporations;
2.2.5. Clause headings do not affect their interpretation;
2.2.6. references to ‘writing’ or ‘written’ include email or communication by means of the facilities in the Service;
2.2.7. general words are not limited by example; and
2.2.8. references to legislation include any modification or re-enactment thereof.
3. Services Terms
3.1. Through the website we provide an online platform through which all types of beauty and wellness service providers, for example; nail studios/salons, cosmetic studios, hair dressers, (collectively the "Service Provider(s)"), can advertise their services for reservation, and through which visitors (“Customer”, “you”) to the website can make such reservations after registration. By making a reservation through Vaniday.com, you enter into a direct (legally binding) contractual relationship with the Service Provider at which you book. From the point at which you make your reservation, we act solely as an intermediary between you and the Service Provider, transmitting the details of your reservation to the relevant Service Provider and sending you a confirmation email for and on behalf of the Service Provider. The reservation is valid from the point of its booking online and independent from any confirmation send. The booked Service can be rescheduled to another time online and without any charges up to 24 hours before the appointment.
3.2. When rendering our Services, the information that we disclose is based on the information provided to us by the Service Provider. As such, the Service Providers are given access to our system through which they are fully responsible for updating all rates, availability and other information which is displayed on our website. Although we will use reasonable skill and care in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our website or otherwise), inaccurate, misleading or untrue information or non-delivery of information. Each service provider remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including the rates and availability) displayed on our website. Our website does not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any service made available.
3.3. Our services are made available for personal and noncommercial use only. Therefore, you are not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or services available on our website for any commercial or competitive activity or purpose.
3.4. Vaniday will offer professionals, at the time of registration and/or on the introduction of new Services, package options including additional services, aside from the main services specified in clause 1.5. Vaniday offers professionals:
3.4.1. the development of a professional profile on the Vaniday Platform;
3.4.2. the display of images of professional’s previous work;
3.4.3. the automatic issue of scheduling reminders;
3.4.4. the dissemination of recommendations of the clients;
3.4.5. the offering of scheduling tools;
3.4.6. the production of scheduling reports;
3.4.7. photographic services; and
3.4.8. the making of promotional campaigns in order to increase the professional’s visibility.
3.5. The professional is aware that the above services are dependent on the package purchased by the professional and that the price will vary according to each package. The professional therefore acknowledges that he will only receive a particular service corresponding to the package chosen.
3.6. Notwithstanding, Vaniday may, at any given moment and upon prior written notice:
3.6.1. alter the title and the service package scope; and/or
3.6.2. alter the service package prices.
With respect for the purposes of this clause 3.6, unless otherwise stated, 10 days’ notice of the alterations will be given from the date of the notice to the professionals. On expiry of the notice period, Vaniday may make the alterations, irrespective of express acceptance of the professional. However, in the event a professional does not agree with the amendments proposed by Vaniday, they must submit a request for cancellation of their Vaniday account, by sending an email to [email]. This is without any additional charge (not including amounts owed to Vaniday by professional as at the time of cancellation.
3.7. Services rendered by Vaniday do not, in any event, cover:
3.7.1. in regards to both professionals and clients, a promise of employment;
3.7.2. in regards to professionals, liability to provide professionals to clients, when desired;
3.7.3. in regard to clients, any warranty in respect of the services provided by any professional.
3.8. Users agree that Vaniday’s Services are limited to that of an intermediary. Beauty/Wellness Services are not bought or sold by of from Vaniday. They are bought by clients from professionals and sold by professionals to clients. Vaniday is not liable to any user for the acts or omissions of any other user.
4.1. Through the website we provide an online platform for Seller to sell goods that are legally permitted to be sold and that comply with our Policies. Since the goods are sold by Seller, Seller is responsible for all product warranties, defects, etc. as if Seller sold the goods directly to Vaniday platform users or customers.
4.2. Depending on the mode of fulfilment, orders must be ready to hand over to Vaniday delivery partners by next working day of the order being notified to you, or as set out in the Policies.
4.3. When listing goods, Seller must ensure that Seller has the right to use the advertising materials (photos, text, etc.) uploaded on our site. After shipping the products, seller is responsible for returns and product warranties.
4.4. For Cross-Border Transaction. Customer understand and acknowledge that, where a product listing states that the product will ship from overseas, such product is being sold from a Seller based outside of Singapore, and the importation and exportation of such product is subject to local laws and regulations. Customer should familiarise themselves with all import and export restrictions that apply to the designating country. Users acknowledge that Vaniday cannot provide any legal advice in this regard and agrees that Vaniday shall not bear any risks or liabilities associated with the import and export of such products to Singapore.
4.5. Where the Customer elects to have a purchased item delivered by any other shipping method, the fee payable to the delivery company (“Shipping Fee”) shall be borne by the Customer, Seller and Vaniday in such proportions as may be determined by Vaniday and published on the Site from time to time. Vaniday shall (i) collect the Customer’s proportion of the Shipping Fee from the Customer, (ii) deduct the Seller’s proportion of the Shipping Fee from the Customer’s Purchase Monies and (iii) pay the total Shipping Fee to the delivery company.
4.6. Customer may not cancel his/her order unless mutually agreed with the Seller.
4.7. Customer may apply for the return of the purchased item and refund prior to the expiry of Vaniday Guarantee Period, if applicable, subject to and in accordance with Vaniday’s Refunds and Return Policy. Please refer to Vaniday’s Refunds and Return Policy for further information.
4.8. Vaniday reserves the right to cancel any transaction on the Platform and Customer agrees that Customer’s sole remedy will be to receive a refund of the Customer’s Purchase Monies paid into Vaniday cashback account.
4.9. If Customer has utilized Vaniday’s cashback for your transaction and Customer is successful in obtaining a refund based on Vaniday’s Refunds and Return Policy, Vaniday shall refund the monies you have actually paid for the item and credit back any utilized cashback to Customer’s cashback Account separately.
4.10. Vaniday does not monitor the cancellation, return and refund process for offline payment.
4.11. User agree that Vaniday’s Services are limited to that of an intermediary. Goods are not bought or sold by of from Vaniday. They are bought by customers from Sellers and sold by Sellers to customers. Vaniday is not liable to any user for the acts or omissions of any other user.
5. Customer Terms
5.1. Use of the Platform
By using the Platform, the Customer agrees:
5.1.1. A contractual relationship exists with Vaniday for the sole purpose of using the Platform for which Vaniday does not receive any consideration from the Customer and which is governed by these General Terms and Conditions for the use of the Platform and of the Services provided (the “T&C's”) and the Privacy and Cookies Policy; and
5.1.2. A contractual relationship exists with the relevant Partner for the provision of the Services booked by the Customer through the Platform. The Customer agrees that Vaniday is expressly not a party to that contract whose specific content may vary from Partner to Partner and, in cases where the terms differ from these T&C's, the Partner is obligated to notify the Customer at the time of the booking either on the relevant Partner's page on the Platform or by a link to the Partner´s terms and conditions published on Partner´s website.
5.1.3. These T&C's do not govern the relationship between Vaniday and the Partner.
5.1.4. The use of the Platform is regulated by these T&C's and the "Privacy & Cookies Policy". Vaniday may change its T&C's from time to time, in which case the new up to date version will be available on the Platform. The Customer will be required to review the T&C's on the Platform before concluding every transaction/booking. By continuing use of the Platform, the Customer explicitly agrees to any amendment to the T&C's.
5.1.5. These T&C's shall also apply in case the Platform is provided through one or more mobile applications or widget/plugin directly on Partner´s website.
5.2. Access to the platform
5.2.1. Access to the Platform is available when the Platform is online. Vaniday has the right to put the Platform offline due to any reason it may deem appropriate or amend its content and services without notice. Vaniday will not be liable if, for any reason, the Platform or any part of it will not be available at any time or for any period.
5.2.2. In order to access the Platform the Customer shall have installed on his device one of the following operating systems and the following software: operating system with updated antivirus software and an updated browser (we recommend Chrome and Firefox). The Customer should also ensure that his device/s has/have the necessary protection systems against data stealing or abusive IT system intrusion.
5.2.3. The Customer is solely responsible for any access to the Platform made by third parties with his/her credentials.
5.3. Misuse of the platform
5.3.1. All the data provided by the Customer on the Platform is true, complete and accurate. The Customer undertakes to keep such information updated at all time and is solely responsible for any loss that arises out of a misrepresentation.
5.3.2. The Customer will be held personally responsible for any misuse of the Platform, in particular Vaniday may pursue a civil or criminal action in case the Customer: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorised access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
5.3.3. All the data provided by the Customer on the Platform is true, complete and accurate. The Customer undertakes to keep such information updated at all time and is solely responsible for any loss that arises out of a misrepresentation.
5.3.4. The Customer will be held personally responsible for any misuse of the Platform, in particular Vaniday may pursue a civil or criminal action in case the Customer: (i) knowingly introduce viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so) or the Platform; (ii) gain or attempt to gain unauthorised access to the server on which the Platform is stored or any server, computer or database connected to the Platform; (iii) attack the Platform via a denial-of-service attack or a distributed denial-of service attack; and (iv) use the Platform for any reason that is contrary to law or public policy.
5.4. Registration and customer generated content
5.4.1. When registering for use of the Services, the user agrees to provide true, accurate, current and complete information as prompted by the Service’s registration process and as requested from time to time by Vaniday (such information, "Registration Data"). The user further agrees that, in providing such Registration Data, the user will not knowingly omit or misrepresent any material facts or information and that the user will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to the Registration Data. The user consents and authorises Vaniday to verify the Registration Data as required for the use of and access to the Services.
5.4.2. Users are allowed to, through the Vaniday Platform, link to third-party application accounts, such as Facebook, Twitter and Instagram, either on creation of the user’s account or at future authorisation and/or upgrade. The user permits Vaniday to make publications in third-party applications for means of advertisement, without violation of the terms and conditions of these third-party application accounts. Vaniday will not make publications in third-party applications where there is the requirement to pay any fees, or user itself restricts the use of such publication.
5.4.3 By granting Vaniday access to third-party accounts, the user acknowledges that:
220.127.116.11 Vaniday may access, deliver and store (if applicable) any content that the user has provided and stored in his third-party account, so that it is available through his account, including and without limitation to any friends lists; and
18.104.22.168 Vaniday may present and receive additional information in its third-party accounts.
5.4.4 The user acknowledges that Vaniday maintains an absolute discretion to reject a user’s registration after the submission of the requested documentation. Reasons for such rejections include, but are not limited to, instances where the documentation is invalid, incomplete or ineffective.
5.4.5 The user account/profile of every user is personal to that user and not transferable. Vaniday reserves the right to delete an account without any justification and prevent further use of the Services by blocking access to the Vaniday Platform and to other users’ profiles. Blocked users are not allowed to create new profiles or accounts. users have no proprietary rights with regard to the user profile or account created on the Vaniday Platform.
5.4.6 Prior to registration Vaniday will request, where applicable:
22.214.171.124 personal and professional documentation from the professional in order to register him and may, at any time, request additional documentation that may be necessary; and
126.96.36.199 user documentation, including but not limited to, company registration number, identity card number and proof of address, as well as bank details.
5.4.7 Vaniday reserves the right to use any information reasonably necessary for the verification of the identity of the users in order to optimise the Platform activities, and user consents to such use of such information.
5.4.8 Once registration has been accepted, a username and password will be created and supplied to the user in order to provide access to the Services.
5.4.9 Vaniday will not be liable for any damage that may result in the dissemination of the user’s password to third parties. The user will be entirely and solely held liable for this.
5.4.10 The user authorises Vaniday to use his personal data in order to enable the contact between the PARTIES.
5.4.11 Vaniday reserves the right to withhold personal information that is necessary for security or the maintenance of Vaniday reputation.
5.4.12 The user acknowledges that any recipient of a user’s personal information may disclose confidential information in confidence to a professional adviser of the recipient or if it is required to do so by law, regulation or order of a competent authority.
5.4.13 The user agrees that the internet is not 100% safe or free of intrusions, and hereby acknowledges that Vaniday shall not be responsible for information theft through illicit means.
5.4.14 Vaniday reserves the right to disable, temporarily or permanently, the user and/or their advertisements which are untruthful, defamatory, abusive, offensive, critical of Vaniday, or that violate any legal provision in force.
5.4.15 Vaniday may suspend, delete and/or block user registration as a result of complaints, internal assessments or non-payment of the service fee.
5.4.16 The user acknowledges that if their account is blocked, Vaniday, as an intermediary between users, is obliged to notify such blocking to any other user in contact with or requesting contact with the user. Only the status of the account and not the reason behind being blocked will be shared.
5.4.17 Vaniday has an internal policy for the evaluation of its users, with a team focused on complaints from other users and assures the users that, except as requested by law, no personal information will be disclosed from those who complain and, therefore, Vaniday is not obligated to justify to the blocked user about his inactivity when founded on complaint, except as requested by law.
5.4.18 With users who request cancellation of their registration or who were blocked due to violation to these Terms of Service, information relating to their account will be retained and stored by Vaniday in accordance with applicable laws.
5.4.19 The user is granted the right to request, at any time, his account cancellation. To do so, a user must provide Vaniday with a written notification sent via email/Website to firstname.lastname@example.org stating his full name and registration details with a request to cancel his account.
5.5 Customer generated content
5.5.1 The Customer can create (receive) his own account on the Platform through his login data which will give him access to further features, content and special promotions on the Platform. In order to activate the account, the Customer shall choose such option on the Platform either at signing-up or in a later moment and will have click on a link in an e-mail he will receive by the system (opt-in mechanism).
5.5.2 The Customer can, at any time delete his account by sending an e-mail to customer support (email@example.com). Vaniday will make its best effort to deactivate the account in a timely manner.
5.5.3 All content submitted to or uploaded on the Platform by a Customer through his account, including without limitation, personal data, contact details, usernames, pseudonyms, text, comments, reviews, images, and all other information must be true, complete, correct and shall not offend any third party´s right, including the rights of the Partners and shall not in any way be considered against public policy or public morale or the applicable laws in Singapore.
5.5.4 The Customer agrees that Vaniday may, in its sole discretion, amend or delete any content, before or after publication or refuse the publication. In particular the Customer warrants, represents and undertakes to Vaniday that his Customer Generated Content (including its use, publication and/or exploitation by Vaniday) shall not: (i) infringe the copyrights or database rights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any other person or entity; (ii) contain any material which is defamatory of any person; (iii) contain misleading or deceptive statements or omissions or misrepresentation as to Customer´s identity (for example, by impersonating another person) or his affiliation with any person or entity; (iv) breach any legal or fiduciary duty owed to a third party, such as a contractual duty or a duty of confidence; (v) advocate, promote, or assist discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (vi) violate any other applicable law, statute, ordinance, rule or regulation.
5.5.5 Should the Customer Generated Content not be compliant with the applicable law or the above set rules, and as a result of this, should Vaniday suffer a loss or damage, the Customer shall be held liable and the Customer agrees to indemnify Vaniday for all such loss or damage.
5.5.6 Should the Customer Generated Content have criminal implications, Vaniday reserve the right to pass it on to the relevant authorities and to disclose the Customer´s identity to any third party (including their professional advisor) who claims that any of the Customer Generated Content constitutes a violation of any of their rights.
5.5.7 Apart from personal data which are protected according to the law and to the Privacy and Cookies Policy, any other customer generated content submitted to the Platform will be considered non-confidential and non-proprietary.
5.5.8 All Customer Generated Content posted on the Platform will be linked to the Customer username provided at the time of registration.
5.5.9 Clients can post, at no cost on the Vaniday Platform, reviews concerning the Beauty/Wellness Services provided by a professional ("Reviews").
188.8.131.52 Reviews must:
a) Be based on concrete facts;
b) Be fair and objective;
c) Not contain any type of content that might be considered as defamatory, offensive, abusive, infringing intellectual property rights or illegal.
184.108.40.206. Reviews that violate the conditions set out 220.127.116.11 will not be published or will be deleted without prior notice to the user. Reviews are personal opinions of users and do not represent the opinion of Vaniday. Vaniday reserves the right to investigate Reviews and take relevant appropriate measures.
18.104.22.168. By submitting a Review on Vaniday, the user licences to Vaniday the rights to use this text without any time or geographical limitation. Vaniday reserves the right to edit and publish, or not, the Reviews submitted. In addition, Vaniday can license these Reviews to other parties.
22.214.171.124. Any attempt by a client or professional to provide self-recommendation is prohibited, as is any other attempt to try to distort Reviews for that user’s own gain or that of others.
126.96.36.199 It is prohibited to put on the Vaniday Platform any type of advertising material regarding Beauty/Wellbeing Services or any other type of service or goods without the written consent of Vaniday.
5.6. Customer programs and terms of the programs
188.8.131.52. The earned cash is non-transferable and the collected rewards can only be redeemed for services offered by, and accessed through Vaniday.
184.108.40.206. Vaniday reserves the right to audit and terminate fraudulent accounts at any time and without prior notice.
5.6.2. Vaniday reserves the right:
a) to amend the terms and conditions of Vaniday Cashback
b) to terminate your participation and / or
c) to terminate the entire program
at any time and for any reason without prior personal written notice. This applies even though such changes may affect the value of the cashback or the ability to obtain certain cashback. Changes to the program shall be released on Vaniday.com.sg.
220.127.116.11. You will earn 0% cashback balance on every transaction made on Vaniday platform. However, while cashback points can be earned, they cannot be applied when booking services from the following salons.:*
Benefit Cosmetics - Ngee Ann City (Sephora)
Benefit Cosmetics - Westgate Boutique
Benefit Cosmetics - Bugis+ (Sephora)
Benefit Cosmetics - Westgate (Sephora)
Benefit Cosmetics - Vivocity (Sephora)
Benefit cosmetics - NEX Serangoon (Sephora)
Benefit Cosmetics - Tampines 1 (Sephora)
Benefit Cosmetics - Marina Bay Sands (Sephora)
Benefit Cosmetics - Ion (Sephora)
Benefit Cosmetics - Causeway Point
Benefit Cosmetics - Suntec
Benefit Cosmetics - Great World City
Benefit Cosmetics - Plaza Singapura
This will be effective from 28 March 2018
5.6.3. Your personal data will be protected in accordance with the private & cookies policy as applicable in its latest version and as displayed on Vaniday.com.sg. By participating in Vaniday Cashback, you agree to allow Vaniday to communicate, in particular but not limited to, via mail, email, phone, external websites and various other channels.
18.104.22.168. Vaniday Cashback and its benefit is limited to individuals for private use only. The commercial use of Vaniday Cashback is prohibited.
22.214.171.124. The earned cashback has a 30 days expiration date.
6. Partner and Salon Terms
6.1. To enable the use of the Vaniday Services, it is necessary for the Partner to sign up an account on Vaniday. Upon registration, the Partner shall provide Vaniday with the required data. After the successful registration of the partner by providing the required data, Vaniday will enable the partner to use the Platform and the related Vaniday Services. Vaniday will provide the Partner with login data, which will allow him to get access to the Platform. The Agreement is signed when the Partner click “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON OR “CONNECT WITH GOOGLE BUTTON”. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, THE PARTNER UNDERSTANDS THAT PARTNER IS CREATING A DIGITAL SIGNATURE, WHICH IS INTENDED TO HAVE THE SAME FORCE AND EFFECT AS IF THE PARTNER HAD SIGNED THE PARTNER NAME’S MANUALLY; upon signature the Agreement will become effective (Effective Date).
6.2. Vaniday solely provides a platform to connect professionals and clients and serves only as a intermediate to facilitate the provision of Beauty/Wellness Services. Vaniday does not provide or contract for the supply or purchase of Beauty/Wellness Services. Professionals and clients negotiate and contract independently for the provision of Beauty/Wellness Services. Each Client is solely responsible for selecting the professional, the Beauty/Wellness Services to be provided and the location at which these services will be performed. Any decision by a client to receive Beauty/Wellness Services or by a Professional to provide Beauty/Wellness Services is a decision made in such user’s sole discretion.
6.3. The professional acknowledges that the Services provided by Vaniday have a cost, already agreed and accepted by professional at the time of registration on the Vaniday website. Vaniday reserves the right to alter the figures charged. The professional acknowledges that is an alteration of the sums charged by Vaniday to the professional in respect of the Services are necessary they will be informed via email. 10 days’ notice of the alterations will be given from the date of the notice to the professionals. On expiry of the notice period, Vaniday may make the alterations, irrespective of express acceptance of the professional. However, in the event a professional does not agree with the amendments proposed by Vaniday, they must submit a request for cancellation of their Vaniday account, by sending an email to [email]. This is without any additional charge (not including amounts owed to Vaniday as at the time of cancellation).
6.4. The client acknowledges they have to pay for what they have booked through Vaniday and that the price on the platform is the final amount charged. We are not responsible for any other services not included in the booking.
6.5. Vaniday, in agreement with its professionals, can offer special promotions on specific services. Please note that all the services booked with a special promotion on Vaniday can be booked only once per client.
6.6. Through the Vaniday Platform, the professional must provide, among other things:
6.6.1. their availability;
6.6.2. how they receive clients (if they makes house calls and/or in a salon/parlour);
6.6.3. the location where they want to provide the services and/or the address of the salon/parlour;
6.6.4. personal data for verification of personal information;
6.6.5. a personal photograph;
6.6.6. a description of Beauty/Wellness Services provided,
6.6.7. price of services;
6.6.8. photographs of previous services that the professional has completed. The Photographs provided should be representative of the services the professional provides;
6.6.9. acceptance of online payment; and
6.6.10. bank information for receipt of prepaid services.
6.7. Through the Vaniday Platform, the client may chose, through options previously made available by Vaniday, the following:
6.7.1. the Clients desired Beauty/Wellness Service;
6.7.2. the region where he would like to be receive the service; and
6.7.3. additional details such as time/date etc
6.8. Vaniday reserves the right to terminate/inactivate any professional/salon partner listed on Vaniday.
6.8.1.Vaniday is not liable for making available all the types of services available as well as all the possible hours.
6.8.2. Incase of inactivation/termination of a professional/salon account, Vaniday will intimate the salon of the inactivation.
6.8.3. In cases of fraud comitted, Vaniday reserves the right to pursue any legal action against the professional/salon if internal investigation finds evidence and Vaniday deems it necessary to recover lost monies due to fraud.
6.9. To enable the use of the salon management software (“my.Vaniday”), the Partner must comply by:
6.9.1. my.Vaniday Fees
126.96.36.199. Vaniday reserves the right to modify, add or remove functions of its services at any time.
188.8.131.52. Fees for all paid plans are subject to change upon a 30 day notice, including but not limited to monthly and yearly plan.
6.9.2. my.Vaniday payments, downgrading and upgrading
184.108.40.206. A valid credit card must be provided for paying subscriptions. Your credit card/bank statement will show “my.Vaniday Subscription” as the description of your transaction.
220.127.116.11. The Subscription is billed in advance on a monthly, bi-monthly or yearly basis and is non-refundable.
18.104.22.168. Downgrading your plan might result in the loss of features and/or campaigns and accessibility to your account. Vaniday does not accept any liability for such loss.
6.9.3. Trial period
6.9.4. Subscription plan limitations
22.214.171.124. my.Vaniday Basic is strictly limited to the use of the basic features.
126.96.36.199. The Staff Management is limited to 3.
188.8.131.52 The number of SMS included is strictly limited to 50 per month.
184.108.40.206 The number of emails included is unlimited.
220.127.116.11. my.Vaniday Premium benefits from additional features that Vaniday reserves the right to modify.
18.104.22.168. The Staff Management is limited to 3.
22.214.171.124 The number of SMS included is strictly limited to 200 per month.
126.96.36.199 The number of email included is strictly limited to 200 per month.
6.9.6. Termination of subscription
188.8.131.52. The service may be cancelled at any time by both parties. The effectiveness of cancellation will not occur until the end of the thirtieth day after the completion of your cancellation process.
184.108.40.206. To cancel your subscription, please contact your representative. All cancellation request requires live telephone and/or live communication confirmation. No cancellation will be processed until cancellation confirmation has been given.
220.127.116.11. The termination of your contract means the deactivation of your account, and the cessation of all the rights granted by this present agreement.
18.104.22.168. Vaniday does not provide guarantee that your content can be recovered once your account has been cancelled. Any loss or damage following a cancellation is to your entire responsibility.
7. Booking Terms
7.1. Booking Policy
7.1.1. A client can book through the Vaniday Platform up to 2 (two) hours before the Beauty/Wellness Service is to be provided.
7.1.2. If a user does not attend a Beauty/Wellness Service booked through the Vaniday Platform and paid online, they will be charged. However, Vaniday reserves the right to assess and disclose this information concerning the user, allowing Vaniday to cancel the registration of the user at any time.
7.1.3. The professional is responsible for informing Vaniday if a client does not attend by means of the Vaniday Platform. In the event that Vaniday discovers any type of fraud in the use of this process, the professional will be charged for the services wrongfully cancelled.
7.1.4. The professional shall meet its obligations to the client to provide a right to cancel in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7.1.5. The professional is obliged to meet the reservations made by the client, in the exact terms indicated on the Vaniday Platform, in periods when the professional is declared free on the Vaniday Platform, without giving priority to any other type of schedule received by other means and / or prioritise the fixed clients hall, to arriving at the first location, among others.
7.1.6. Vaniday shall not be held liable where:
22.214.171.124. the professional has already filled the time that the client desires;
126.96.36.199. the professional has already scheduled directly with the client;
188.8.131.52. the professional has declared he is free on a specific day and time on Platform, but is actually busy and this has not updated the Vaniday Platform. In the latter case, the professional agrees to give preference to the Vaniday clients, over other beauty/wellbeing service customers.
7.1.7. Vaniday will not be held liable for the maintenance of the professionals schedule. The professional acknowledges that he must maintain his schedule as shown on the Vaniday platform.
7.1.8. In compliance to Singapore’s Spam Control Act and as part of the Services, Vaniday offers to professionals the possibility to send SMS messages, application-push messages and emails to clients, for various reasons, including reminders of upcoming bookings.
7.1.9. By accepting clause 5.1.6, the client accepts to receive these messages and the professional acknowledges that they are obliged to adhere to its client’s preferences expressed to professional regarding these notifications.
7.2.1. Client can pay either online or at the salon
7.2.2. Professional/Salon will pay a commission of 50% for all the new customers booking through Vaniday and 15% for subsequent bookings made by the same customer. This commission structure will supersede all partnership agreements effective March 2017 unless a different structure is agreed in writing by both the parties post March 2017. All bookings processed via Google Reserve shall carry the aformentioned Vaniday commission.
7.2.3. Professional/Salon will pay a bill for Cash On Delivery (“COD”) payments and we will retain Online Payment (“OP”).
7.2.4. Payment info are confidential
7.3. Booking amendments or cancellations
7.3.1. If a Customer needs or wishes to change or cancel the booking (time/date) after he has received the confirmation email, he may change or cancel the booking directly on the Platform. In case the Partner is already booked at the new time/date wished, the Customer shall contact directly the relevant Partner, and may decide to make a new appointment and cancel the previous booking. Should a Customer be unable to contact a Partner, please contact Vaniday customer care at firstname.lastname@example.org
7.3.2. Should a booking be amended or simply cancelled, either on request of the Customer or on request of the Partner, the Partner will notify Vaniday and will update its agenda on the Platform immediately.
7.3.3. If the Customer cancels a Booking at least 24 hours before the applicable appointment, he can reschedule the appointment or in case it should not be possible, the price will not be charged on his credit/debit card.
7.3.4. In case the Customer cancels a Booking less than 24 hours before the applicable appointment, the applicable price will be charged on his credit/debit card.
7.3.5. In case the Customer does not notify the relevant Partner with the cancellation and simply does not show up to the appointment he will not be refund of the already paid amounts.
7.3.6. In case of urgent cancellation by the Partner, the latter may use the Customer’s contact details that Vaniday has the right to provide him with, according to the Privacy and Cookies Policy.
7.3.7. If the Customer has a voucher code which the customer uses to successfully book an appointment on Vaniday, they are only allowed to reschedule the booking once. This does not include any rescheduling which is done as a result of the Salon not being able to accommodate the Customer on the appointed date and time. Only one voucher code can be applied and used at the time of booking an appointment.
7.4. Price, payment and invoicing
7.4.1. The prices for the Services are displayed on the Partner’s personal page on the Platform and may vary from time to time upon exclusive decision of the Partner.
7.4.2. The Platform contains details of a number of Services and it is possible that, despite Vaniday’s best efforts, some of the prices and other information shown by the Partner on the Platform for certain Services are incorrect/not updated.
7.4.3. Unless the Customer has opted for "Pay at Venue", the payment for the Services shall be confirmed at the time of the booking by credit or debit card, using the online payment facility ("Payment Facility") provided by the Platform. The Payment Facility will reserve on the credit/debit card account of the Customer the due price, which will be eventually paid at the time of the performance of the Services, when the relevant Partner issues the relevant invoice. The Customer shall be responsible for protecting his own confidential data which give him access to the Platform such as user ID and any password or other security information used by the Customer to access his account. Any currency conversion costs or other charges incurred in making a payment will be borne by the Customer.
7.4.4. Vaniday takes reasonable care to ensure that its Payment Facility is available and functioning at all times, but cannot guarantee continuous and uninterrupted access to such Payment Facility. Vaniday also try to ensure that Customer’s payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent upon many factors outside of Vaniday´s control, such as delays in the banking system or in card networks. Access to the Payment Facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. Vaniday will attempt to provide reasonable notice of any scheduled interruptions to such Payment Facility and will use its best effort to restore the facility as soon as reasonably possible.
7.4.5. For the bookings it is possible for the Customers to opt for a payment at Partner´s premises ("Pay at Venue"). According to this option the Customer can make a booking on the Platform but eventually pay for it directly to the Partner at the time of the appointment. Please note that this way of payment is available only if the Partner and/or the Customer are eligible. Eligibility mainly depends on the fulfilment of the respective obligations according to these T&C's and to the Partner agreement (only for a Partner). In any case this option will appear on the Platform at the time of the Booking.Please note that the way of payment does not change the other content of the contractual relationship with the Partner also with respect to the cancellation policies.
7.5.1. In case a Customer is not satisfied with the Services provided by the Partner, he shall directly make his claims to the relevant Partner.
7.5.2. In order to improve or keep a high quality Partner´s Services, Customers can also leave their review on the relevant page of the Platform. Such review cannot however be offensive, misrepresentative or false.
7.5.3. The Customer may also contact Vaniday’s customer support and Vaniday will try to find a solution with the Partner. However, ultimately, the Partner is the only and sole responsible for the performance of the Services.
8. Seller Terms
8.1. Seller undertakes, represents and warrants that it will:
8.1.1. will issue a valid invoice to the Customer, if required by the Laws.
8.1.2. ensure that any information provided of the Goods, is accurate, current, and complete and is not misleading or otherwise deceptive;
8.1.3. fulfil all Orders for Goods at their stated quantity and price to Customers who meet Vaniday's eligibility conditions;
8.1.4. contract appropriate insurance covering its obligations thereunder and the Goods regardless of the fulfilment model chosen;
8.1.5. provide, in the format and at such times as Vaniday may require, accurate, updated and complete information about the availability status, stock level and Listing Price of the Goods;
8.1.6. give Vaniday written notice of any requirement or provision of any contract that may conflict with any requirement or provision of the Agreement; and
8.1.7. ensure that any person filling-in or signing any document, operating the Seller account, or handling the Goods, on behalf of Seller (other than a Vaniday employee, contractor or agent, or a third party specifically mandated by Vaniday) has full power and authority to do so on behalf of Seller. Seller may not dispute the actions of such person insofar as they are in apparent compliance with the Agreement.
8.2. Negative Covenants: Seller further undertakes, represents, and warrants that it will not, directly or indirectly:
8.2.1. use the Platform or the Services to purchase items sold on the Platform for commercial use or for use on behalf of a third party;
8.2.2. contact any Customer and will not enter into any direct arrangements with the Customer for the offer of Goods, except where permitted by Vaniday to do so for the purposes of fulfilling a Customer Agreement;
8.2.3. enroll or offer to enroll Customers in any scheme or program other than as strictly required for warranty purposes;
8.3. Undertakings in relation to Goods: Partner undertakes, represents and warrants that:
8.3.1. the Goods are of merchantable quality, fit for their purpose, free from defects, and strictly conform to their listed specifications;
8.3.2. the Goods and their offer for sale are not prohibited and comply with the Laws (including all minimum age, marking and labelling requirements, product warranties, specifications and performance criteria, etc.) and conform with Policies, including prohibited and restricted items;
8.3.3. it has full unencumbered title in the Goods and in any materials incorporated in the Goods and all the Goods are supplied free of all liens, charges or other security interests;
8.3.4. it will provide the Goods and Products with all legally required documentation (including warranty card, warranty information and invoice) and update the same when legally required;
8.3.5. it will provide Vaniday and/or Customer any document pertaining to the sale of the Goods or Customer Agreement (including sales invoice and tax invoice), as may be requested by Vaniday and/or Customer;
8.3.4. it will not, directly or indirectly, sell Inadequate Products, or expired (or soon to be expired) Products
8.3.5. it will not, directly or indirectly, sell counterfeit, "replica" and name brand "knock off" products or products violating any Intellectual Property Rights; and
8.4. Seller undertakes and warrants that all its representations, warranties and undertakings in the Agreement will be fulfilled and will remain true and correct at all times and will subsist for so long as necessary to give effect to each and every of them in accordance with the Terms, provided that and in the event of any of them becoming or unfulfilled, untrue or incorrect, Partner will promptly inform Vaniday of the same and rectify the situation.
8.5. To enable the use of the Vaniday Services, it is necessary for the Seller to sign up an account on Vaniday. Upon registration, the Seller shall provide Vaniday with the required data. After the successful registration of the Seller by providing the required data, Vaniday will enable the Seller to use the Platform and the related Vaniday Services. Vaniday will provide the Seller with login data, which will allow him to get access to the Platform. The Agreement is signed when the Seller click “SIGN UP” OR “CONNECT WITH FACEBOOK” BUTTON OR “CONNECT WITH GOOGLE BUTTON”. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON DURING REGISTRATION, THE SELLER UNDERSTANDS THAT SELLER IS CREATING A DIGITAL SIGNATURE, WHICH IS INTENDED TO HAVE THE SAME FORCE AND EFFECT AS IF THE SELLER HAD SIGNED THE SELLR NAME’S MANUALLY; upon signature the Agreement will become effective (Effective Date).
8.6. Seller will pay a commission of 35% for all the new customers first purchase through Vaniday and 10% for subsequent purchases made by the same customer. This commission structure will supersede all partnership agreements effective March 2017 unless a different structure is agreed in writing by both the parties post March 2017.
9. Marketing and Advertising Terms
9.1. Vaniday offers paid marketing campaigns and other advertising services, including participation in flash deal, editorial writeups and keyword advertising (collectively hereinafter referred to together as "Paid Advertising") on an ongoing basis. Salons and Sellers may purchase the Paid Advertising services. Vaniday provides the Paid Advertising services in accordance with these Terms of Service and any explanatory materials published on this Platform or otherwise communicated to Sellers in writing (hereinafter referred to as the "Paid Advertising Rules"). Sellers who purchase Paid Advertising services agree to be bound by the Paid Advertising Rules. If you are not agreeable to being bound by the Paid Advertising Rules, do not buy any Paid Advertising Services.
9.2. Salons or Sellers may purchase Paid Advertising services by making full payment prior to the commencement of the campaign. All Paid Advertising services will be expire on the stated expiry date. Except as otherwise provided in the applicable Paid Advertising Rules, you may not cancel the order and/or request for a refund after you have purchased and completed the payment process.
9.3. You understand and agree that Vaniday does not warrant or guarantee any increase in viewership or sales of your items as a result of the Paid Advertising services.
9.4. You are advised to only purchase Paid Advertising services after fully considering your budget and intended advertising objectives. Except as otherwise provided in these Terms of Service or the Paid Advertising Rules, Vaniday shall not be liable for any compensation or be subject to any liability (including but not limited to actual expenses and lost profits) for the results or intended results of any Paid Advertising service.
9.5. IF, NOTWITHSTANDING ANYTHING IN THESE TERMS OF SERVICE, VANIDAY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE) IN RELATION TO ANY PAID ADVERTISING SERVICE, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE AMOUNT PAID BY YOU FOR THE PAID ADVERTISING SERVICE IN QUESTION ONLY.
10.1 In the event a problem arises in a transaction, the Customer and the Salon or Seller agree to communicate with each other first to attempt to resolve such dispute by mutual discussions, which Vaniday shall use reasonable commercial efforts to facilitate. If the matter cannot be resolved by mutual discussions, Users may approach the claims tribunal of their local jurisdiction to resolve any dispute arising from a transaction.
10.2 Each Customer and Salon or Seller covenants and agrees that it will not bring suit or otherwise assert any claim against Vaniday or its Affiliates (except where Vaniday or its Affiliates is the Seller of the product or service that the claim relates to) in relation to any transaction made on the Site or any dispute related to such transaction.
10.3 Customer covered under Vaniday Guarantee may send written request to Vaniday to assist them in resolving issues which may arise from a transaction upon request. Vaniday may, at its sole discretion and with absolutely no liability to Customer, Salon or Seller, take all necessary steps to assist Customers resolving their dispute. For more information, please refer to Vaniday’s Refunds and Return Policy. To be clear, this is only available to Customer covered under Vaniday Guarantee. Buyer using other payment means for his/her purchase should contact Seller or Salon directly.
11. ACCURACY OF CONTENT
11.1 The information on this platform is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. Errors will be corrected as soon as practicable.
11.2 Any purchases made on the platform due to the platform’s mis-pricing will be invalid and will be refunded or top-upped accordingly.
11.3 Vaniday reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received).
11.4. Vaniday also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice.
11.5 The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
11.6 This platform may contain links to other web sites on the Internet. Users acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
12. Vaniday affiliates and advertisements
12.1. Vaniday may contain advertisements on our Site. Vaniday provide links to third party sites that may provide us with a commission should a sale occur based on their definition and agreement with Vaniday. Vaniday is not responsible for any representations by unauthorized sellers.
12.2. All content and media on the Platform is created and published online for informational purposes only. It is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something you have read on this Website. If you think you may have a medical emergency, call your doctor, go to the nearest hospital emergency department, or call the emergency services immediately. If you choose to rely on any information provided by Vaniday, you do so solely at your own risk.
12.3. External (outbound) links to other websites or educational material (e.g. pdf) that are not explicitly created by Vaniday are followed at your own risk. Under no circumstances is Vaniday responsible for the claims of third-party websites or educational providers.
13.1. Limitation of liability
13.1.1. In case of death or personal injury caused by negligence, fraud or fraudulent misrepresentation Vaniday will hold no liability in accordance with Terms set forth in this agreement and permissible within the extent of the law.
13.1.2. If you are dissatisfied with the Vaniday Services, or the terms of the Terms, your only remedy under the Terms shall be to discontinue use of the Services. Without limiting this clause 7.1.2. we shall have no liability for any failure or delay resulting from any matter beyond our reasonable control.
13.1.3. Other than as set out in the two paragraphs immediately above, we shall not be liable in contract, tort (including negligence), for breach of statutory duty, misrepresentation, or otherwise for any loss or damage whatsoever arising from or in any way connected with the Terms.
13.1.4. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Vaniday OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF SALES OR BUSINESS, LOSS OF PROFITS, LOSS OF AGREEMENTS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF OR DAMAGE TO GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER ECONOMIC LOSS (EVEN WHERE WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE), RESULTING FROM:
184.108.40.206. THE USE OR THE INABILITY TO USE THE SERVICES;
220.127.116.11. PROFESSIONAL’S SERVICES FACILITATED BY THE SERVICES PROVIDED BY Vaniday OR ANY INTERACTIONS BETWEEN users, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY user (INCLUDING WITHOUT LIMITATION TO user STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE OR DESTRUCTION OF PERSONAL PROPERTY) OR ANY DISPUTE WITH ANY user;
18.104.22.168. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
22.214.171.124. ANY UNAUTHORISED ACCESS TO OR ALTERATION OF THE SERVICES OR THE user DATA OR TRANSMISSIONS; OR
126.96.36.199. ANY OTHER MATTER RELATING TO THE SERVICES.
13.1.5. In the event that any limitation or exclusion of liability in the Terms is not enforceable, then Vaniday shall not be liable to a user or partner for more than S$200 in aggregate in respect of matters arising out of any individual contract for professional Beauty/Wellness Services that was facilitated via the Vaniday Platform.
13.1.6. Each of the provisions of this clause 5 shall be construed separately and independently of the others.
13.1.7. This clause shall survive the termination or expiry of these Terms.
13.2.1. The user agrees to defend, indemnify and hold harmless Vaniday and its affiliates, officers, directors, employees, agents, partners and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to legal fees) arising from or relating to:
188.8.131.52. the user use of and access to the Services;
184.108.40.206. Beauty/Wellness Services facilitated by the Services or any interaction between the user and another user;
220.127.116.11. Goods sale facilitated by the Services or any interaction between the user and another user;
18.104.22.168. the user violation of any term of these Terms of Service;
22.214.171.124. the user violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or
126.96.36.199. any third- party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Services. This defence and indemnification obligations will survive the termination of this Agreement and the use of the Services.
188.8.131.52. Vaniday shall not be liable for any indirect loss. Further Vaniday shall not be liable, whether directly or indirectly, for (i) loss of actual or anticipated profits; (ii) loss of goodwill; or (iii) loss of data and/or/the costs of restoration of data.
13.3. Intellectual Property
13.3.1. Subject to these Terms and solely for the purposes of receiving the Vaniday Services, Vaniday hereby grants each user a limited, revocable, non-exclusive, non-transferable license to display the logos, trademarks or other intellectual property of Vaniday solely for personal, non-commercial use in connection with the use of the Services, promotion of Beauty/Wellness Services and Goods offered via the Vaniday Platform or other uses expressly permitted by Vaniday in writing. Notwithstanding such permitted uses and license, the user acknowledges that all derivative designs and artwork, which use the Company’s logo or any other Company Intellectual Property Rights, are the sole property of Vaniday. No other rights are granted to users with respect to the Company’s Intellectual Property Rights other than those rights granted explicitly in these Terms, including with respect to any derivative works.
13.3.2. users are clearly prohibited from, distributing, modifying, and exhibiting any work derived by any form from the use of the content of this Platform or by the materials conveyed on it.
13.3.3. We are constantly working on ways of improving Vaniday. We cannot do so efficiently if we have to avoid ground covered by user contributions; it may be that we are already working on an area for improvement or development suggested by a user. By submitting ideas, suggestions, documents, and/or proposals (referred to here as “Feedback”) to Vaniday, you agree that it does not contain confidential information or intellectual property rights and that Vaniday is not under any obligation of confidentiality, express or implied, with respect to the Feedback. Vaniday shall be entitled to use or disclose such Feedback in any part of the world for any purpose, in any way, in any media. You agree that you are not entitled to any compensation or payment of any kind from Vaniday under any circumstances in respect of any Feedback.
13.3.4. It is forbidden to use any automated system or software to extract, scrape, spider, resell, copy, reproduce or modify any data from the Vaniday Platform without the express consent of Vaniday seen that such practices do not find legal support in the current legislation.
13.3.5. You also hereby grant Vaniday a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, publicly display and make derivative works of such user content in connection with the Services and any services or products affiliated with the Services, regardless of the form of media used or of whether such services or products now exist or are developed in the future. This license exists only for as long as you elect to continue to include such content on the Vaniday Platform and will terminate at the time such Content is removed from the Services by you or by Vaniday.
13.3.6 If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to email@example.com and provide us the evidence to support your claim. Do allow us time to process the information provided. Vaniday will respond to your complaint as soon as practicable.
13.4.2. However and to the extent permitted by law, neither we nor any of our officers, directors, employees, representatives, subsidiaries, affiliated companies, distributors, affiliate partners, licensees, agents shall be liable for (i) any punitive, special, indirect or consequential loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation, loss of claim, (ii) any inaccuracy relating to the (descriptive) information (including rates, availability and ratings) of the Services as made available on our website, (iii) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our website, or (iv) any (personal) injury, death, property damage, or other damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Service Provider.
13.5. Third party transactions and third party websites
13.5.1. Vaniday uses the third-party payment platform Stripe, the Stripe API, and in conjunction, your Stripe account to process credit and debit card transactions for your Vaniday account. By using Vaniday and its Services and agreeing to the Terms, you agree to be bound by Stripe’s Terms of Service.
13.5.2. You understand that payment processing services for the Partner on Vaniday are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a Partner on Vaniday, the Partner agrees to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Vaniday enabling payment processing services through Stripe, the Partner agrees to provide Vaniday accurate and complete information about himself and his business, and authorizes Vaniday to share it and transaction information related to the use of the payment processing services provided by Stripe.
13.5.3. Payment processing services are being offered at the sole discretion of Stripe. Vaniday does not warrant that these in general or specific payment options will always be available for the Partner’s or Customer’s use. The Partner agrees however to take every reasonable effort to comply with Stripe’s terms and help to make online payments available to the Customers.
13.5.4. Vaniday may also deactivate offline payments for certain Customers that did not show up for an appointment before. In case the payment should be made on the Platform, Stripe will accept such payment in the name and on behalf of the Partner and will forward it to the Partner after having deducted Vaniday’s fee under the terms and conditions set out in article 8.
13.5.5. You must not process stolen credit cards, or unauthorized credit cards through Stripe and/or your Vaniday account, and you expressly agree to provide the legal document required to comply with Stripe Connected Account.
13.6. Applicable law and Jurisdiction
13.6.1. By choosing to use the Vaniday Platform, users acknowledge that the Terms shall be subject to the laws of Singapore and the parties shall submit to the exclusive jurisdiction of the Singaporean courts.
13.6.2. We will make reasonable efforts to keep the Vaniday Services available at all times, except for:
184.108.40.206. planned downtime (of which we will endeavour to provide at least 8 hours prior notice); or
220.127.116.11. any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labour problems or Internet service provider failures or delays.
13.6.3. We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. The user acknowledges that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Vaniday shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services. Vaniday has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services. Access to our Services is permitted on a temporary basis.
13.6.4. Vaniday is not responsible for the quality of the internet connection required to have the Services working on a smartphone, computer, tablet or other electronic device.
13.6.5. Vaniday is not responsible for any user content and whilst Vaniday will use all reasonable methods to remove inappropriate content in a reasonable time frame Vaniday is not responsible for any delay in doing so.
13.6.6. Whilst Vaniday will take all the appropriate technical and organisational measures to prevent against unauthorised or unlawful processing of personal data and against accidental loss, destruction of or damage to personal data, we cannot warrant that the Services will be free of viruses or other malicious code and accept no liability for loss or damage caused from the transmission of such code.
18.104.22.168. Additionally, Vaniday will not be held liable for any harm that might stem from the violation of these measures by third parties that use public networks or the internet, circumventing mechanisms to restrict access to user information. We recommend that you always use up-to-date firewalls and anti-malware software to protect your equipment and data.
13.6.7. Concerning the security and privacy of data registered on the Services, Vaniday states that the password and all the data that the users enter on the Platform are fully protected by encryption technology. Nevertheless, Vaniday recommends that the User never disclose their Vaniday Platform password to anyone. The user is fully responsible for the confidentiality and use of their password and identity.
13.6.8. Vaniday will not be liable for any damage or loss of user equipment caused by failures in the Vaniday Platform or its suppliers systems, server or caused by third party conduct.
14. Changes to our terms
15.1. All comments, questions, complaints and/or requests relating to the Vaniday Services, Vaniday Website and/or this T&C’s are welcome and should be addressed to Vaniday Singapore Pte Ltd. You can also contact us at firstname.lastname@example.org or chat with our 24/7 Live Chat Agent here.
Vaniday Singapore Pte Ltd
6 Raffles Boulevard #03-308