The terms herein are incorporated in full into, and form part of, the terms and conditions provided by H3Rs GIVEAWAYS PROGRAM (“H3Rs”) powered by PAPAYAPATHS PTE. LTD. (201507780Z) (“PP”). Terms used, but not defined herein, have the meanings given to them in the terms. The following terms shall have the following meanings:
“Eligible entity” means any charity, NGO, social enterprise, government community-based initiative qualified as “Member”.
“Giveaway / Donation” means any good condition, non-toxic and liability free item donated by a hotel (except food). All items being free donations, eligible entities and/or their beneficiaries shall never contest, return or raise complaints about any item received.
“Registration Form” has the meaning set forth on clause 2.
Anyone may visit the site without registering. However, in order to access and use H3Rs, a user is required to register as a member and create a profile by completing and submitting the online registration form.
By registering, all hotels and eligible entities will respectively be entitled to receive e-mail notifications of all new hotel donation postings or donation requests from eligible entities.
(e) The use of H3Rs will not constitute or give rise to a breach or default under your constitutional documents (where applicable), or any agreement or other arrangement to which you are a party, or any laws; and
(a) H3Rs is intended to be used by hotels on one hand and eligible entities on the other. As such, it is essential that PP has the ability to confirm that any H3Rs member falls into either class. Accordingly, a member account will only be activated after the profile has been pre-verified by PP, in its sole discretion, to confirm the above.
(b) Only information provided via the registration form, and (if applicable) in accordance with clause 2, will be evaluated. Completion of the on-line a registration form is on the understanding that any given member of the H3Rs has no prior knowledge about the identity of any other user thereof.
(c) During the pre-verification process, PP may require additional information or clarification of the answers provided from members. PP may also, in its sole discretion, verify from third party sources the legitimacy of the information provided.
(e) If it is later found that erroneous or incorrect responses were provided in the registration form, PP reserves the right to de-activate a member’s account and terminate the service without any notice or compensation whatsoever, without prejudice to any rights and liabilities that may have accrued prior to such termination.
(b) An account for a member that is an eligible entity, to be used for the purposes of posting, publishing and managing all hotel donation applications and requests from a private dashboard located on PP website.
The member is responsible for maintaining the confidentiality of its account and password and restricting access to its account. The member agrees to accept responsibility for all activities that occur under its account.
Any member may request other services, including but not limited to transportation coordination, advertising. The charges for which shall be separately agreed between such member and PP. Please contact PP at firstname.lastname@example.org to enquire about such services. The provision of any such service is in all applicable respects governed by and subject to these Terms.
PP does not expect to invoice members for expenses incurred in connection with its provision of H3Rs. For other services provided in connection with Clause 3.1 above, the relevant member shall reimburse PP for all reasonable expenses incurred by PP in the performance of such service and to be reflected in the relevant invoices.
Information that a member provides to PP in the registration form, the portal and/or any blog, comments thread, forum, bulletin board or other methods of user contribution available on the site, may be made available on the site to any person that accesses the site, whether or not such person is a member. By becoming a member, you hereby consent to the disclosure of such information on the site (including the name used to submit such information), and to grant PP a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. The member is solely responsible for any and all content published on the site that is provided by such member. Once information is posted on the site, it may be downloaded by other visitors to the site and saved locally or separately propagated. The member:
(a) Assumes all risks in respect of the content on the site provided by such member, although as stated in caluse 1. Under General Terms and Conditions, hotel members shall not be liable about any donations accepted by a receiver whatsover;
(b) Represents and warrants that (i) it owns or otherwise controls all of the rights to the content that it posts on the Site; and (ii) the use of the content supplied by the member does not violate any applicable law or cause injury to any person; and
(c) Shall indemnify, defend and hold harmless PP from and against any third party claims, demands, loss, damage or expenses (including counsel fees and court costs) in respect of any such content that contains false, misleading or defamatory statements, violates the intellectual property rights of any third parties or violates any applicable law.
(b) Push notifications, flash information or similar information delivered electronically to the member’s registered e-mail address or private dashboard on H3Rs, regarding news, case studies, stories or enquiries that PP determines, in its sole discretion, may be of interest to any viewers.
The Member can opt out of receiving certain information by written e-mail notice to mailto:email@example.com
5. No Warranty; No Liability
5.1 PP owes no special relationship or fiduciary duty to the member. The member acknowledges that PP owes no duty to the member to take any action regarding:
PPs makes no claims or promises about the quality, accuracy or reliability of member profiles or reviews, and PP shall not be liable to any member for any loss or damage that might arise from reliance on the quality, accuracy or reliability of the member profiles. PP makes no claims or promises regarding the conduct of third parties, and as such shall not be liable for any loss or damage that might arise as a result of any third party action, including, but not limited to, negative member messages or reviews, communications or delivery of products and services facilitated through the H3Rs. PP does not owe any obligation to verify the identity of the members, nor does it have any obligation to monitor the use of its services by the members. PP shall not be responsible for any liability for identity theft or any other misuse of a member’s identity or information published on the site.
However, PP will endeavor to maintain an ethical trouble free and successful H3Rs program to the best of its ability.
5.2 The member hereby acknowledges, accepts and agrees that (a) H3Rs serves only as a donation and information-sharing platform to facilitate hotels donations for the provision of H3Rs members; and (b) any such connection will be entered into between the members on a willing-to-donate and willing-to-receive basis; and (c) the use of H3Rs shall not constitute an inducement to enter into any contracts. PP shall not be liable for any obligations or claims in connection with the relationship entered into by the members, including without limitation obligations or claims (whether founded under contract, tort or otherwise) in respect of H3Rs including the merchantability, quality and fitness for purpose thereof, and PP expressly disclaims any such liability.
Any information received by the member from PP shall only be used by the member in connection with the aformentioned terms & conditions and may only be copied or reproduced to the extent reasonably necessary for the member to utilize H3Rs wihtin H3Rs vision and philosophy. The member agrees to protect the confidentiality of such information in the same manner in which it protects the confidentiality of its own confidential information, but in no event shall the member exercise less than reasonable care in protecting such information. Notwithstanding the foregoing, the confidentiality obligations of the member herein do not extend to information that:
The member shall not assign its rights and obligations under these terms without PP’ prior written consent. PP may assign its rights and obligations under these terms without requiring the member’s consent. Subject to the foregoing, these terms shall enure to the benefit of and be binding upon the member and PP and their respective successors, trustees, permitted assigns or receivers, but shall not enure to the benefit of any other persons.
A member may terminate it’s membership hereunder for any or no reason by sending an e-mail notification to firstname.lastname@example.org. Termination is effective immediately upon receipt and confirmation of such e-mail notification by PP.
No right under these terms shall be deemed to be waived unless by written notice signed by the waiving party. A waiver by PP does not prejudice its rights in respect of any subsequent breach by the member. Any failure to enforce a right, forbearance, delay or indulgence granted by PP to the member will not be construed as a waiver of PPs’ rights under these terms.