General terms

Terms of Service

Last updated: [01, 25], 2023

1. Your Relationship with Us

Welcome to Bondee (the “Platform”), which is provided by Metadream Tech Pte. Ltd. (Registered address is 3 FRASER STREET #05-25 DUO TOWER, SINGAPORE (189352) (“Bondee”, “we” or “us”).

You are reading the Terms of Service (the “Terms”), which govern the relationship as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). For purposes of these Terms, “you” and “your” means you as the user of the Services. Our Services are only provided for personal use, non-commercial use.

The Terms (including, without limitation to, the main body and applicable supplemental terms) form a legally binding agreement between you and us. Please take the time to read them carefully, especially the terms exempting or limiting Bondee’s liabilities and the terms on dispute resolution and governing laws.

2. Accepting the Terms

By accessing or using our Services, you confirm that you are legally competent to form a binding contract with Bondee, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and community guidelines, which can be found directly on the Platform. To use the Services, you shall also consent to the Privacy Policy.

If you access or use the Services from a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in such jurisdiction as provided below. In the event of a conflict between the provisions of the supplemental terms for such jurisdiction and the main body of these Terms, the supplemental terms for such jurisdiction will prevail.

You shall be deemed to have read, understood and accepted these Terms by accessing or using our Services. If you do not agree to these Terms, you must not access or use our Services.

3. Changes to the Terms

We may amend these Terms from time to time, for instance when we update the functionality of our Services, or when there are regulatory changes. We will use commercially reasonable efforts to notify all users of any material changes to these Terms, such as through the “Notice” function on our Platform, however, you should look at the Terms regularly to check for such changes.

We will update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

4. Your Account on the Platform

To access or use our Services, you must create an account on the Platform. When you create this account, you must provide accurate and up-to-date information and shall not withhold any relevant information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information up-to-date and complete.

You agree that you are solely responsible to us and to others for the activities that occur under your account, whether or not such activities are in fact carried out by you.

You understand and agree that the ownership of your account on the Platform shall belong to Bondee and you only have the right to use such account subject to the Terms. We reserve the right to disable your account at any time, if you have failed to comply with any of the provisions of these Terms, our Privacy Policy and community guidelines, or if any activities occur on your account which, in our sole discretion, would or might cause damage to the Services, violate these Terms, infringe any third party rights, or violate any applicable laws or regulations.

It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: bondee_global@bondee.net.

If you no longer want to use our Services, and would like to delete your account, you can do this through the "account deregistration" feature within the Platform. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.

5. Your Access to and Use of Our Services

Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You should not:

  • access or use the Services if you cannot fully comply with these Terms or are not legally competent to agree to these Terms;
  • exploit the Services or any aspect thereof, such as make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
  • remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking of Bondee placed upon or contained within the Services;
  • distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
  • market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
  • use the Services, without our express written consent, for any commercial or unauthorised purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
  • interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prohibit or restrict access to the Services;
  • incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse to provide any Services, terminate accounts or restrict access to the Services in our sole discretion;
  • use automated scripts to collect information from or otherwise interact with the Services;
  • impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression through any content you upload, post, transmit, distribute or otherwise make available emanating from your access and use of the Services;
  • intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • use or attempt to use another’s account, service or system without authorization from Bondee, or create a false identity on the Services;
  • use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews;
  • use the Services to upload, transmit, distribute, store or otherwise make available in any way:
    • files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
    • any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
    • any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., ID numbers, passport numbers) or credit card numbers;
    • any material which does or may infringe any copyright, trade mark or other intellectual property or privacy of any other person;
    • any material which is defamatory, insulting, libellous to any person, obscene, offensive, pornographic, hateful or inflammatory;
    • any material that would constitute, encourage or instigate a criminal offence, dangerous activities or self-harm;
    • any material that is deliberately designed to provoke or antagonize any person(s), especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset any person(s);
    • any material that contains a threat of any kind, including threats of physical violence;
    • any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, nationality, disability or sexuality;
    • any answers, responses, comments, opinions, analyses or recommendations that you are not properly licensed or otherwise qualified to provide;
    • any material that is objectionable on the grounds of public interest, public morality, public order, public security, national harmony, or is otherwise prohibited by applicable laws; or
    • any material that, in the sole judgment of Bondee, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Bondee, the Services or its users to any harm or liability of any type.

In addition to the above, your access to and use of the Services shall be subject to all applicable laws and regulations and must, at all times, be compliant with our Privacy Policy and community guidelines which is issued and updated from time to time.

We reserve the right, at any time and without prior notice, to remove or disable access to our content at our discretion for any reason or no reason. For example, we may remove or disable access to content if we find the content objectionable, in violation of these Terms our Privacy Policy or community guidelines, or applicable laws and regulations, or otherwise harmful to the Services or our users.

6. Intellectual Property Rights

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe on any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the account of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.

A. A.Bondee Content

You acknowledge and agree that, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto on the Services (the “Bondee Content”), are either owned or licensed by Bondee. Use of the Bondee Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content should not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in the Services and Bondee Content.

Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Bondee Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Bondee reserves all rights not expressly granted herein in the Services and the Bondee Content. You acknowledge and agree that Bondee may terminate this license at any time for any reason or no reason.

You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.

We make no representations, warranties or guarantees, whether express or implied, that any Bondee Content (including User Content) is accurate, complete or up to date.

B. User-Generated Content

Users of the Services may be permitted to upload, post or transmit or otherwise make available content through the Services including, without limitation to, any text, photographs, user videos, sound recordings and the musical works embodied therein, including locally stored sound recordings from your personal music library and ambient noise that are incorporated into the videos (“User Content”). You or your licensors will retain ownership of any User Content that you upload or transmit through the Services.

Whenever you access or use a feature that allows you to upload or transmit User Content through the Services, or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes Bondee Content, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. You warrant that any such contribution does comply with those standards, and you will be responsible for any loss or damage we suffer as a result of your breach of warranty, and you are willing to bear all costs of litigation and compensation to us as a result.

Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content. If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services.

You (a) are not entitled to receive revenue from any musical works, sound recordings or video clips in any User Content, including any User Content that you create, and (b) may not profit from or be paid for any User Content within the Services or monetize User Content through any third party service, for example, you may not state that User Content has been uploaded to other social media platforms.

You or the owner of your User Content still own the copyright in User Content sent to us. By submitting User Content through the Services, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter created. You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.

For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.

Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if (a) we consider to violate these Terms, or (b) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.

If you find inappropriate content that violates our community guidelines or have any other issues you'd like to raise, you can contact us at: bondee_global@bondee.net. Bondee will take reasonable measures in accordance with the law

If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, video, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), you agree that:

  • Bondee has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
  • Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
  • You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

7. Indemnity

You agree to fully indemnify and defend Bondee and/or its affiliates any claims or demands by any third party, including, without limitation to, those arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations under these Terms, and compensate Bondee, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors (collectively, “Indemnitees”) from and against any and all claims, demands, actions, suits proceedings, damages, obligations, losses, liabilities, costs, penalties or expenses (including, but not limited to legal fees incurred by the Indemnitees on a full indemnity basis) including, without limitation to, those suffered or incurred by the Indemnitees arising out of or in connection with:

  • your use of the Platform and Services;
  • a breach by you or any user of your account of these Terms your obligations under these Terms; and
  • your infringement of any third party right (including any intellectual property rights (such as copyright and trademarks), property rights or privacy rights).

8. EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL AFFECT YOUR STATUTORY RIGHTS, INCLUDING YOUR RIGHT TO APPLY FOR MODIFICATION OR RESCISSION OF THESE TERMS AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED UNDER THE APPLICABLE LAWS IN YOUR JURISDICTION, NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, IS GIVEN IN CONJUNCTION WITH THE SERVICES OR ANY CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICES. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

WE WILL DO OUR BEST TO PROVIDE THE SERVICES THAT SATISFY OUR USERS, BUT WE CANNOT MAKE OR GIVE ANY GUARANTEE WARRANTY OR ASSURANCE IN RELATION TO THE SERVICES, INCLUDING THAT:

  • THE SERVICES WILL BE SATISFACTORY TO YOU;
  • YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
  • THE PLATFORM IS FREE FROM ANY VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS;
  • YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
  • ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE;
  • YOUR USE OF THE SERVICES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES;
  • DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED; AND
  • THE CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN YOUR JURISDICTION.

IN THE EVENT THAT THE LAWS OF THE JURISDICTION YOU ARE IN DO NOT PERMIT OR IMPOSE RESTRICTIONS ON THE ACCESS TO ANY CONTENT ON THE SERVICES, YOU SHALL FORTHWITH DISCONTINUE ACCESS TO SUCH CONTENT OR COMPLY WITH SUCH RESTRICTIONS (AS THE CASE MAY BE).

YOU ACKNOWLEDGE AND AGREE THAT BONDEE DOES NOT WARRANT THE SECURITY OF ANY INFORMATION TRANSMITTED BY OR TO YOU USING THE SERVICES AND YOU HEREBY ACCEPT THE RISK THAT ANY INFORMATION TRANSMITTED OR RECEIVED USING THE SERVICES MAY BE ACCESSED BY UNAUTHORISED THIRD PARTIES AND/OR DISCLOSED BY BONDEE AND BY ITS OFFICERS, EMPLOYEES OR AGENTS TO THIRD PARTIES PURPORTING TO BE YOU OR PURPORTING TO ACT UNDER YOUR AUTHORITY. YOU WILL NOT HOLD BONDEE OR ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS RESPONSIBLE OR LIABLE, IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), EQUITY OR OTHERWISE, FOR ANY SUCH ACCESS OR DISCLOSURE OR FOR ANY LOSS (WHETHER DIRECT OR INDIRECT, OR WHETHER FORESEEABLE OR NOT) SUFFERED OR INCURRED BY YOU AS A RESULT OF ANY SUCH ACCESS OR DISCLOSURE.

9. LIMITATION OF LIABILITY

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUB-CONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

A. CIRCUMSTANCES WE SHALL NOT BE LIABLE TO YOU

IN NO EVENT SHALL BONDEE BE LIABLE FOR ANY FAILURE TO PROVIDE THE SERVICES OR DELAY IN THE SERVICES DUE TO FAILURE OF INTERNET CONNECTION, FAILURE OF COMPUTER, COMMUNICATION OR OTHER SYSTEMS, POWER FAILURE, STRIKE, LABOUR DISPUTE, REBELLION, RIOT, DISTURBANCE, LACK OF PRODUCTIVITY OR MEANS OF PRODUCTION, FIRE, FLOOD, STORM, EXPLOSION, FORCE MAJEURE, WAR, GOVERNMENTAL ACTION, INTERNATIONAL OR DOMESTIC COURT ORDER OR INACTION OF A THIRD PARTY.

WE SHALL NOT BE LIABLE TO YOU FOR (A) ANY LOSS OF PROFIT OR ANTICIPATED SAVINGS (WHETHER ARISING DIRECTLY OR INDIRECTLY); (B) ANY LOSS OF GOODWILL OR REPUTATION; (C) ANY LOSS OF CONTRACT OR OTHER BUSINESS OPPORTUNITY; (D) ANY LOSS OR CORRUPTION OF DATA SUFFERED BY YOU; OR (E) ANY INDIRECT, PUNITIVE OR SPECIAL DAMAGES, OR INCIDENTAL OR CONSEQUENTIAL LOSS THAT YOU MAY SUFFER AS A RESULT OF:

  • YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES (INCLUDING IN CONNECTION WITH THE MAINTENANCE, FAILURE, ERROR OR UNAVAILABILITY OF ANY PART OF THE SERVICES);
  • ANY CHANGES WE MAY MAKE TO THE SERVICES, OR THE PERMANENT OR TEMPORARY SUSPENSION OF THE PROVISION OF THE SERVICES (OR ANY FEATURE WITHIN THE SERVICES)
  • ANY DEFECT, ERROR, IMPERFECTION, MALFUNCTION, FLAW OR INACCURACY IN THE SERVICES, THEIR CONTENT OR RELATED SERVICES;
  • THE DELETION, CORRUPTION OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY YOU USING OR THROUGH THE USE OF THE SERVICES;
  • ERRORS OR OMISSIONS IN THE CONTENT (INCLUDING USER CONTENT);
  • THE USE OF, ACCESS TO, OR PROHIBITING ACCESS TO THE CONTENT (INCLUDING USER CONTENT);
  • ANY SYSTEM, SERVER OR CONNECTION FAILURE, ERROR, NEGLIGENCE, INTERRUPTION, DELAY IN TRANSMISSION, NON-DELIVERY OF MESSAGES, PROBLEMS WITH YOUR EQUIPMENT (INCLUDING, BUT NOT LIMITED TO, COMPUTERS, MOBILE PHONES, SMARTPHONES AND ELECTRONIC NOTEPADS), COMPUTER VIRUSES OR OTHER MALICIOUS, OR DESTRUCTIVE CODE, AGENTS, PROGRAMS OR MACROS;
  • EXPENSES INCURRED IN CONNECTION WITH THE PURCHASE OR ACQUISITION OF ANY PRODUCT, SAMPLE, DATA OR INFORMATION, OR THE CARRYING OUT OF TRANSACTIONS THROUGH THE SERVICES, OR THROUGH OTHER ALTERNATIVE ACTS;
  • UNAUTHORISED STORAGE, MODIFICATION AND TRANSMISSION OF DATA;
  • YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
  • YOUR FAILURE TO ENSURE THE SECURITY AND CONFIDENTIALITY OF YOUR PASSWORD OR ACCOUNT DETAILS;
  • YOUR USE OR ABUSE OF THE SERVICES;
  • ANY SERVICES, PRODUCTS, INFORMATION, DATA, SOFTWARE OR OTHER MATERIALS OBTAINED THROUGH OR BY USE OF THE SERVICES, OR IN RELIANCE ON THE SERVICES OR THEIR CONTENT.
  • STATEMENTS OR CONDUCT OF THIRD PARTIES MADE THROUGH THE SERVICES; OR
  • DAMAGES RESULTING FROM OTHER MATTERS RELATING TO THE SERVICES (INCLUDING NEGLIGENCE).

WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STATUTE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH LOSSES ARE FORESEEABLE OR IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

YOU FULLY UNDERSTAND AND AGREE THAT THE PLATFORM AND THE SERVICES OPERATE IN AN INTERNET ENVIRONMENT AND THEREFORE THE INFORMATION AND PERSONAL DATA YOU SHARE ON THE SERVICES MAY BE COPIED, REPRODUCED, MODIFIED WITHOUT PERMISSION OR USED FOR ILLEGAL PURPOSES BY OTHERS. YOU ARE FULLY AWARE OF SUCH RISKS AND HEREBY ACKNOWLEDGE THAT YOU BEAR SUCH RISKS AT YOUR OWN RISK FOR WHICH BONDEE IS NOT RESPONSIBLE.

YOU UNDERSTAND AND AGREE THAT THERE MAY BE RISKS ASSOCIATED WITH THE USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO SENDING OR RECEIVING ANY UNLAWFUL, THREATENING, DEFAMATORY, OFFENSIVE, INFRINGING (INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS), ANONYMOUS OR PSEUDONYMOUS MESSAGES TO OR FROM OTHERS, AND THAT YOU WILL BE LIABLE FOR ALL LOSSES SUFFERED IN CONNECTION THEREWITH.

PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES AND WE WILL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITIES.

THE LIMITATION OF LIABILITY PROVISIONS IN THIS PROVISION AND ELSEWHERE IN THESE TERMS SHALL BE EFFECTIVE TO THE FULLEST EXTENT PERMITTED BY LAW. IF, FOR ANY REASON BONDEE FAILS TO EXCLUDE LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, BONDEE'S MAXIMUM AGGREGATE LIABILITY IN RESPECT OF YOUR USE OF THE SERVICES AND/OR OTHER MATTERS RELATING TO THESE TERMS AND THE BREACH SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO BONDEE IN THE PREVIOUS 12 MONTHS.

B. CIRCUMSTANCES IN WHICH WE HAVE LIMITED LIABILITY

IF WE PROVIDE DEFECTIVE DIGITAL CONTENT THAT DAMAGES EQUIPMENT OR DIGITAL CONTENT BELONGING TO YOU AND IT IS PROVEN THAT THIS WAS CAUSED BY OUR LACK OF REASONABLE CARE OR SKILL, WE WILL REPAIR THE DAMAGED EQUIPMENT OR DIGITAL CONTENT OR PAY YOU COMPENSATION. HOWEVER, WE ARE NOT RESPONSIBLE FOR DAMAGE CAUSED BY YOUR NON-COMPLIANCE WITH OUR RECOMMENDATIONS FOR FREE UPDATES TO THE APPLICATIONS WE PROVIDE OR BY YOUR FAILURE TO PROPERLY FOLLOW INSTALLATION INSTRUCTIONS OR TO COMPLY WITH MINIMUM SYSTEM REQUIREMENTS FOR USE. THE ABOVE LIMITATIONS ON OUR LIABILITY TO YOU APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGE.

C. CIRCUMSTANCES IN WHICH YOU WILL BE LIABLE

YOU SHALL INDEMNIFY AND HOLD BONDEE HARMLESS IN FULL AGAINST ALL LOSSES (IN ANY MANNER SUCH LOSSES MAY ARISE, INCLUDING IF SUCH LOSS RELATES TO OUR NEGLIGENCE) THAT BONDEE MAY SUFFER OR INCUR AS A RESULT OF OR IN DIRECT OR INDIRECT CONNECTION WITH.

  • YOUR ACCESS TO AND/OR USE OF THE SERVICES AND/OR THE ACCESS TO AND USE OF THE SERVICES BY ANY OTHER PERSON OR ENTITY AND SUCH PERSON OR ENTITY IS ABLE TO ACCESS AND/OR USE THE SERVICES USING YOUR ACCOUNT (AS THE CASE MAY BE); AND/OR
  • ANY BREACH OR NON-COMPLIANCE BY YOU OR ANY OTHER PERSON OR ENTITY WITH ANY PROVISION OF THESE TERMS (INCLUDING ANY WARRANTIES, REPRESENTATIONS AND OBLIGATIONS THEREIN) AND SUCH PERSON OR ENTITY IS ABLE TO ACCESS AND/OR USE THE SERVICES USING YOUR ACCOUNT.

D. DISPUTES BETWEEN YOU AND THIRD PARTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE BETWEEN YOU AND ANY THIRD PARTY INCLUDING BUT NOT LIMITED TO ANY CARRIER, COPYRIGHT HOLDER OR OTHER USER ARISING OUT OF YOUR USE OF THE SERVICES IS LIMITED TO THAT BETWEEN YOU AND THEM, AND YOU HAVE FULLY AND IRREVOCABLY RELEASED BONDEE AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY AND ALL TYPES AND NATURE, KNOWN AND UNKNOWN, AGAINST US AND OUR AFFILIATES ARISING OUT OF OR IN ANY WAY IN CONNECTION WITH SUCH DISPUTE.

10. Other Terms

A. Applicable Law and Jurisdiction

Unless otherwise provided in the supplemental terms applicable to a particular jurisdiction, these Terms, their subject matter and their execution, are governed by the laws of Singapore.

Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in these Terms. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

B. Open Source

The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms.

C. Entire Agreement

These Terms (including the supplemental terms and additional terms below) constitute the whole legal agreement between you and Bondee and govern your use of the Services and completely replace any prior agreements between you and Bondee in relation to the Services.

D. Links

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.

E. Age Limit

The Services are only for person(s) aged 13 years old and over. In some circumstances, this age limit may be higher due to local regulatory requirements, for which please see the supplemental terms applicable for the jurisdiction where you located or refer to the applicable laws and regulations for the jurisdiction where you located. By using the Services, you confirm that you are over the relevant age specified herein or you have got the prior consent of your parent or legal guardian or you have the legally capacity to sign a binding contract with Bondee in accordance the applicable laws and regulations.

If we learn that someone under the relevant age specified above or someone cannot meet the said requirement is using the Services, we will terminate that user’s account and claims against the user and/or his guardian (if applicable) for any loss arising therefrom.

F. No Waiver

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

G. Severability

If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

H. Transfer

You may not assign your rights under these Terms without Bondee's prior written consent. You understand and agree that Bondee may assign all of its rights and obligations under these Terms to any third party in its sole discretion.

These Terms will bind you and Bondee and Bondee's successors and assigns of rights. These Terms will continue to be binding on you regardless of any change in Bondee's name or constitution, or any merger, consolidation or combination of Bondee with any other entity (in which case these Terms will bind you and Bondee's successor entities).

I. Validity of Evidence

You acknowledge and agree that Bondee's records and any records of any communications, transactions, instructions or operations made, conducted, processed or performed by you, any subject purporting to be you or purporting to act on your behalf (whether or not such subject has your consent) through the Services, or any communications, transactions, instructions or operations relating to the operation of the Services, and any records of any communications, transactions, instructions or operations maintained by Bondee or by a relevant subject authorised by Bondee shall be binding on you, regardless of purpose, and shall be conclusive evidence of such communications, transactions, instructions or operations. You further acknowledge and agree that all matters relating to these Terms shall be determined by Bondee in its sole discretion and shall be conclusively binding on you.

J. Enforcement

No subject or entity not a party to these Terms shall be entitled to enforce any provision of these Terms under the Contracts (Rights of Third Parties) Act 2001 of Singapore or other similar laws, whether or not such person or entity is named in these Terms or identified as a member of a group or fits a particular description. For the avoidance of doubt, nothing in this subparagraph shall affect the rights of any permitted assignee of these Terms.

K. Language

In the event of any conflict between the different language versions of this Policy, the prevailing language shall be determined in accordance with the following rules.

  • If you are a user located in the Republic of Korea, the Korean version shall prevail.
  • If you are a user located in Japan, the Japanese version shall prevail.
  • If you are a user located in Thailand, the Thai version shall prevail.
  • If you are located in other countries or regions, the English version shall prevail.

11. Contact

If you have any questions, comments or suggestions regarding these Terms, the Services, and any related matters, you can contact us at: bondee_global@bondee.net.

Supplemental Terms

Republic of Korea. If you are a user located in the Republic of Korea or using our Services in the Republic of Korea, the following supplemental terms apply.

Acceptance of Terms. The following terms take precedence over the provisions of Section 2 in the main body.

  • By expressly agreeing to these Terms, you confirm that you are legally competent to form a binding contract with Bondee, and you accept these Terms and agree to comply with them.

Applicable Law and Jurisdiction. The laws of the Republic of Korea shall govern the execution and validity of these Terms, and any disputes arising out of or relating to these Terms. You and we agree to the exclusive jurisdiction of the courts of the Republic of Korea.

Limitation of Liability. The limitations of liability under Sections 4 and 9 of the main body of these Terms do not apply to any loss or damage caused to you by our intent or gross negligence.

Users Aged 14 and Above. The Services are only intended for users of 14 years old or above. If you are a minor between the ages of 14 and 19, you warrant that you have obtained the consent of a parent or legal representative to use the Services or register an account on the Services. If it is confirmed that you have not obtained the consent of a parent or legal representative, you may be restricted from using the Services or have your account revoked.

Services Updates.To improve your user experience and to ensure the security of the Services and the consistency of functions, we may update or change the Services (including but not limited to modifications or upgrades of software, feature enhancements, development of new services, software replacements, etc.) without notice. You can choose whether to update the version of the Services or not, however, if you choose not to do so, you may not be able to use some or all of the Services.

Changes to the terms and conditions. The following provisions take precedence over the provisions of Section 3 of the main body.

  • We may change these Terms to the extent as permitted by relevant laws.
  • When we change these Terms, we will indicate the effective date and the reason for the change and will post the current Terms on the home page of the Platform from 7 days before the effective date to 1 day before the effective date. If there is a material change to these Terms or any change to the disadvantage of the user, we will use reasonable efforts to notify the user in advance and the changed Terms will be effective at least 30 days after the change. However, changes made to improve your convenience in connection with new features of the Service or changes made for legal reasons may be implemented immediately.
  • If you are expressly informed of the above-mentioned changed Terms by means of a notice or notification and also informed that when you do not expressly reject it within the above-mentioned period, you will be deemed to have expressed your intention, then if you still do not expressly reject it, you will be deemed to have agreed to the changed agreement.

Use of the Service. The following provisions take precedence over the provisions of Section 5 in the main body.

  • In principle, we will not remove User Content or disable access to User Content without your consent or as expressly required by law. However, if we determine that the User Content (1) contains objectionable or inappropriate content; (2) violates these Terms; or (3) is harmful to us, the Services, other users and third parties, we will remove or prohibit other users’ access to such User Content.
  • In addition, if we receive any reports, complaints from other users or third parties or any notices from government agencies with respect to unlawful information or infringement, we may take measures such as removing or prohibiting access to the User Content if we determine that the User Content (1) contains objectionable or inappropriate content; (2) violates these Terms; or (3) is harmful to us, the Services, other users and third parties.
  • We may actively monitor User Content to the extent permitted by applicable laws in order to prevent the circulation and proliferation of User Content prohibited under these Terms.

User Content. The content of the following provisions take precedence over the provisions of Section 6B of the main body.

  • To the extent permitted by law, we provide the Services to you and other users and, subject to your license and limited to the purpose of providing, promoting and improving Services and developing new services, to use, modify, adapt, reproduce, create derivative works of, and publish and/or transmit User Content,; other users of the Services and other third parties may use, modify, adapt, reproduce, create derivative works of, and publish and/or transmit said content.
  • We will not disclose your identity to any third party unless expressly permitted to do so by law or with your consent.
  • If we determine that your User Content does not meet the criteria set out in the main body "Your Access to and Use of Our Services" section, we or an authorised third party may cut or edit the relevant User Content and may refuse to post such User Content (if any).

Prior notice of restrictions on the use of Services, etc. The following provisions take precedence over the provisions of Sections 5, 6 and 8 in the main body.

  • If we make any changes that are to the disadvantage of you (including any delays or restrictions on use of the Services, account termination and deletion, and removal, disallowance or blocking of content), we will immediately notify you of the reasons for such changes and offer an opportunity to make corrections. If you have any objections to the action we take, please contact us at bondee_global@bondee.net. However, we may not give notice if the notice is prohibited by law or if the notice would or could cause harm to users, third parties, us and our affiliates (for example, if the notice violates a law or regulation or order of a regulatory body; if it interferes with the security of the Service, etc.).

Termination and Deactivation of Account. The following provisions take precedence over those set forth in Section 4 of the main body regarding the right to disable your account.

  • We reserve the right to deactivate or terminate your account, or to terminate your access to all or part of the Services, for (1) your serious or repeated violations of these Terms, (2) to comply with legal requirements or court orders, etc., (3) interference with the proper functioning of the Services, or (4) if we believe, in our reasonable judgment, that you have engaged in conduct that creates liability or harm to users, other third parties, us or our affiliates.
  • We will notify you immediately of the reason for termination or deactivation unless (1) notice is prohibited for legal reasons, and (2) it is reasonably believed to be likely to cause harm to users, other third parties, us or our affiliates (for example, if the notice violates any law, regulation or order of a regulatory agency; obstructs an investigation; interferes with the security of the Services; etc.). If your access is terminated due to a change to the Services, we will provide you with sufficient time to retrieve your content from the Services, as reasonably practicable.
  • You may object to the restrictions set forth in this section in accordance with the procedures we have established. If we believe the objection is justified, we will immediately restore your use of the Services.
  • Even if your account is terminated or access to the Services is restricted, part of the Services (e.g., guest mode) remains available without an account, and these Terms continue to apply to such use. If you believe that your account has been wrongfully terminated or deactivated, you are entitled to dispute it.

Japan. If you are a user located in Japan or using our Services in Japan, the following supplemental terms apply in addition to the terms in the main body.

Accepting the Terms.The Services on the Platform are provided by Metadream Co., Ltd. (Metadream株式会社, the "Company"). By expressly agreeing to the Terms, you confirm that you are legally competent to sign these binding terms with the Company. You accept and agree to abide by the Terms. If you are a minor, you must obtain the consent of your parents or other legal representatives before using the Services.

Account Information. You agree to strictly manage your account information and assume risks by yourself to prevent any unauthorized use. When we provide the Services, any account operation implemented based on your authentication information will be regarded as your own behaviours.

Providing the Services.The Company reserves the right to only provide all or part of the Services to customers who meet the conditions on age, identity verification, registration information and any other conditions deemed necessary by the Company.

Other Terms of Services. If other terms of services is set out for the Services, you must use the Services in accordance with the Terms and the provisions of the other terms of services.

Reasonable Measures. In case of any of the following circumstances, the Company may take reasonable measures, including but not limited to terminating all or part of the Services provided to you, disabling or deleting your account, etc.

  • If you violate laws, the Terms, or other terms of services.
  • If you are a member of or associated with an anti-social force.
  • If you damage the Company's reputation by spreading rumours, cheating, using force, or other improper means.
  • If you are subject to application for detention, temporary detention or auction, or are involved in a petition for commencement of bankruptcy proceedings, commencement of civil rehabilitation proceedings or similar proceedings, or if the Company reasonably believes that your credit is not secured.
  • Except as set forth in (a) through (d) above, if the relationship of trust with you is lost, or if Company reasonably determines that it is not appropriate to provide services to you.

Applicable Law and Jurisdiction.The laws of Japan shall govern the execution and validity of these Terms, and any disputes arising out of or relating to these Terms. You and we agree to the exclusive jurisdiction of the Tokyo District Court.

Singapore. If you are a user located in Singapore or using our Services in Singapore, the following Supplemental Terms apply.

Age Limit for Singapore users

If you are a Singapore user below the age of 18, but 13 years old and above, you may not use the Services unless your parent or legal guardian has:

  • reviewed and discussed the Terms with you; and
  • agreed to the Terms and Supplemental Terms.

If you are a parent or legal guardian of a Singapore user that is below the age of 18 but 13 years old or above, by allowing the Singapore user to access or use our Services, you agree that:

  • you are legally competent to form a binding contract with Bondee;
  • you have reviewed and discussed the Terms with the Singapore user; and
  • you accept the Terms and Supplemental Terms, and that you agree to comply with and guarantee the Singapore user’s compliance with these Terms and Supplemental Terms.

Philippines.If you are a user located in the Philippines or using our Services in Philippines, the following supplemental terms apply. In the event of any conflict between the Supplemental Terms and the provision of the main body of these Terms, the Supplemental Terms shall prevail.

Your Access to and Use of Our Services

You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way any User Content that:

  • Is paedophilic;
  • Is relating to or encouraging money laundering or gambling, or otherwise any activity that is prohibited by Philippine laws; and
  • Is a form of child sexual abuse or exploitation materials.

Age Limit

  • You are at least 18 years old.
  • If you are under 18 years old, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed, discussed and agreed to these Terms with you.
  • In case of insane or demented persons, and deaf-mutes who do not know how to write, the Services may only be used with the consent of the legal guardian. The legal guardian should review, discuss and agree to these Terms with such insane or demented persons, and deaf-mutes who do not know how to write.

Malaysia. you are a user located in Malaysia or using our Services in Maylaysia,

the following supplemental terms apply.

COMPLIANCE WITH THE CONTENT CODE REGARDING INTELLECTUAL PROPERTY RIGHTS

In accessing and using this Platform and our Services, you shall comply with the requirements of Malaysian laws, including but not limited to, the Communications and Multimedia Act 1998 (“CMA”) and the latest Malaysian Communications and Multimedia Content Code (“Content Code”) and shall not provide prohibited content nor any content in contravention of Malaysian laws.

Where we have reasons to believe that you may have violated the Content Code and any applicable laws, we shall have the right to withdraw our Services from you and/or to remove such prohibited content, and where applicable, the content will be removed in accordance with the procedure contained in the Content Code.

Age Limit

If you are above 13 but under 18 years old, you should only use the Services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has carefully reviewed, understood and agreed to these Terms before your access and use of the Services. We assume no responsibility for any risks and liabilities resulting from any breach of this term, to the extent permitted under all applicable laws.

Termination

If you breach any of the provisions herein, we reserve the right to terminate your account, your access to our Platform and/or our Services immediately by written notice to your email address. Such notice will be deemed to have been duly given to you on the next business day after the email is sent, unless we receive an automated message that the email has not been delivered.

Kingdom of Thailand.If you are a user located in the Kingdom of Thailand or using our Services in the Kingdom of Thailand, the following supplemental terms apply.

The following terms take precedence over the provisions of Section 10 in the main body

Applicable Law and Jurisdiction

These Terms, their subject matter and their execution, are governed by the laws of Thailand.

Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in these Terms. The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.

Age Limit

The Services are only for person(s) aged 13 years old and over. By using the Services, you confirm that you are over the relevant age specified herein.

If you are above 13 but under 20 years old, you should only use the Services with the consent of your parent or legal guardian. Please ensure that your parent or legal guardian has carefully reviewed, understood and agreed to these Terms before your access and use of the Services.

If we learn any breach of this term, we will terminate that relevant user’s account and claims against the user and/or his guardian (if applicable) for any loss arising therefrom.

Enforcement

No subject or entity not a party to these Terms shall be entitled to enforce any provision of these Terms under the Civil and Commercial Code of Thailand (Sections 374 to 376) or other similar laws, whether or not such person or entity is named in these Terms or identified as a member of a group or fits a particular description. For the avoidance of doubt, nothing in this subparagraph shall affect the rights of any permitted assignee of these Terms.