By using the Agoda Partner Hub (“Hub”), you (“User” or “you”) agree to the terms herein (this “Agreement”) You acknowledge and understand that any breach by you of any provision in this Agreement may result in your incurring legal liability and/or facing legal action in respect of such breach, without any notice to you.
Agoda Company Pte. Ltd., a Singapore company with an address at 30 Cecil Street, #19-08 Prudential Tower, Singapore (“Agoda”) provides the Hub so that User and other users of the Hub may engage with each other in a cordial manner on relevant topics, as determined by Agoda, and access certain content relating to the travel industry and related trends (“Purpose”). For the purpose of this Agreement, “User Content” means any content (including but not limited to images and videos) submitted, posted uploaded, or shared by User on the Hub.
User shall ensure that User Content shall NOT include any of the following:
(a) images or videos of celebrities, animals, or landscapes;
(b) content that could be perceived as vulgar, pornographic, illegal, or offensive;
(c) content that is not the User’s own or that may infringe any copyright or other intellectual property right; or
(d) content that is untruthful, deceptive, or misleading.
User agrees that Agoda may use any User Content for any purpose at Agoda’s sole discretion, including but not limited to any marketing-related purpose. At its sole discretion, Agoda may edit, crop, enhance, or modify any images in User Content.
User should avoid submitting, posting, uploading, or sharing any User Content that is not relevant to the Purpose (“Irrelevant Content”), including but not limited to content commenting, discussing, or otherwise relating to religion, politics, or personal beliefs, values, or ideologies that may cause contention. At its sole discretion, Agoda may remove or modify any Irrelevant Content on the Hub and/or indefinitely suspend the access rights of User to the Hub if any Irrelevant Content is traced to User, at Agoda’s sole determination.
User agrees not to:
(a) share personal information about User or someone else, including but not limited to contact details (such as email addresses, social media handles and telephone numbers), account/booking information, and commercially sensitive information like rates and occupancy levels (Agoda is not responsible for any third-party misuse of any personal information shared by User on the Hub);
(b) post or link to any spam or harmful or malicious content, including but not limited to viruses, malicious software, advertisements, self-promotion, and deliberately incorrect answers to questions.
(c) post content that is not User’s own or that may infringe any copyright or other intellectual property right;
(d) share offensive, inappropriate, graphic or hateful content;
(e) threaten or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation or disabilities; or
(f) distribute confidential information about Agoda, its partners, affiliates, vendors, or any third party.
User agrees to endeavor in good faith to report any behavior or content that is inappropriate for the Hub in light of the terms of this Agreement.
User acknowledges and understands that the Hub is not intended to be used as a channel for contacting or engaging with Agoda regarding technical (or other) support issues or queries. If User experiences any difficulties with Agoda services, please contact Agoda support via [ ]. Any User Content relating to such issues or queries may be deemed Irrelevant Content at Agoda’s sole discretion.
This Agreement, and any terms herein, are subject to modifications by Agoda without any notice to User. By using the Hub, you agree to any such modifications.
(a) The Hub is provided “as is” and “as available” with no express or implied warranties of any kind including, but not limited to, any implied warranties of fitness for a particular purpose, merchantability, non-infringement, and title. Agoda disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with your use of the Hub. You should assume total responsibility for your use of the Hub.
(b) Agoda does not take responsibility for the correctness, completeness, up-to-datedness or quality of the information provided on the Hub and Agoda makes no representations, warranties or guarantees, whether express or implied, that the content on the Hub is accurate, complete or up to date.
(c) Agoda is not liable for any damage or corruption caused by viruses (or any other mechanisms such as worms, lock outs, metering, or self-destruct mechanisms) on computers or other terminal equipment in connection with visiting, using and/or downloading data of any kind from the Hub. User is personally responsible for protecting User’s equipment appropriately from viruses and other risks on the Internet.
(d) THE HUB AND ASSOCIATED MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, AGODA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. AGODA MAKES NO REPRESENTATIONS OR WARRANTY THAT THE HUB WILL MEET USER’S EXPECTATIONS OR REQUIREMENTS, OR THAT USER’S USE OF THE HUB WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. AGODA MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE HUB. AGODA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HUB OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE HUB. IN NO EVENT WHATSOEVER SHALL AGODA OR ANY OF ITS AFFILIATES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR MISUSE OF, OR INABILITY TO USE, THE HUB, EVEN IF AGODA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(e) The content, links and resources on the Hub are provided for User’s convenient reference only, and are not intended to amount to advice on which User should rely. User acknowledges and understands that User should obtain professional or specialist advice before taking, or refraining from, any action on the basis of any content on the Hub.
At its sole discretion, Agoda may remove or modify any content on this Hub and/or limit, suspend, or deny User’s access or ability to use the Hub and may analyze browsing patterns and usage trends of the Hub and users with the information collected.
User shall defend, indemnify, compensate, and hold harmless Agoda, its affiliates, agents, vendors or suppliers for and against any and all claims, damages, harm, penalties, costs, and expenses (including without limitation reasonable attorneys’ fees) in connection with User’s use, misuse, or inability to use the Hub, including but not limited to User’s breach of this Agreement or infringement of any intellectual property right or other right of any person or entity.
This Agreement is governed by, and construed in accordance with, the laws of Singapore, without regard to conflict of law principles. Any dispute arising from or in connection with this Agreement, including without limitation any question regarding its existence, validity or termination, shall be submitted to the exclusive jurisdiction of the courts of Singapore.
This Agreement constitutes the entire understanding and agreement between the parties, and supersedes any and all prior understandings and agreements between the parties with respect to this Agreement’s particular subject matter.
If any provision of this Agreement is found to be invalid or unenforceable, the parties shall remain bound by the remainder of this Agreement and the invalid or unenforceable provision shall be replaced with such new (valid and enforceable) provision having similar effect to the greatest extent possible.
The parties do not intend to give third parties any rights under this Agreement, and the Contracts (Rights of Third Parties) Act (2001) (Cap. 53B) does not apply to this Agreement.
User may not assign its rights hereunder to any third party unless Agoda provides prior written consent to such assignment.
Agoda’s rights under this Agreement and/or under any other agreement between Agoda and User are complementary to the maximum extent possible, and each right of Agoda shall not be construed as limiting, waiving, or otherwise adversely affecting any other right of Agoda.
Agoda shall not be liable for any delay or default if such delay or default relates to any condition or event beyond the control of Agoda or User, including without limitation natural disasters, extreme weather conditions, government actions or restrictions, travel warnings, coup d’état, martial law, state of emergency, wars, terrorism, insurrections, epidemics, or nuclear incidents.
User represents that all information provided to Agoda relating to User is accurate, up-to-date, and true. If User has identified itself to Agoda as an entity or representative of an entity, User represents that it also has the necessary authority to bind such entity to this Agreement. If any representation in this section is false, User shall be personally – and to the maximum extent possible, jointly and severally – liable to Agoda.
Any headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of this Agreement.