TERMS OF SERVICE

Welcome to YIPPEE!

YIPPEE Kids Pte Ltd is a Singapore registered entity (ACRA No. 201702169K). These Terms of Service (“Terms”) are a contract between you and YIPPEE Kids Pte Ltd (“YIPPEE”) and govern your access to and use of any YIPPEE website, mobile application (such as for iPhone or Android) or content, or products and/or services made available through YIPPEE (collectively, the “Site”). Please read these Terms carefully before accessing and using the Site.

Terms of Service.

  1. Acceptance of Terms. By accessing and/or using the Site, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site.

  2. Amendment of Terms. YIPPEE may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by the Terms, as amended.

  3. Additional Terms. In addition to these Terms, when using particular plans, offers, products, services or features, you will also be subject to any additional posted guidelines, or rules applicable to such plan, offer, product, service or feature, which may be posted and modified from time to time. All such additional terms are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control.

YIPPEE Platform

  1. YIPPEE Platform. YIPPEE is a monthly subscription membership that enables YIPPEE members to search and reserve a wide range of kids activities and recreational activities offered and operated by activity providers (“Providers”). Through the YIPPEE platform you can access third party products and services. YIPPEE itself is not an activity or service provider and does not own, operate or control any of the activities, services or facilities accessible through the Site.

  2. Membership Cycles. Your YIPPEE membership starts on the date that you sign up for a subscription and submit payment via a valid Payment Method. Each YIPPEE cycle is one month in length (“Membership Cycle”), and will automatically renew each month until your membership is paused or cancelled. For example, if you purchase your YIPPEE membership on 2nd November, your membership will automatically renew on 2nd December (as further explained in “Billing Cycles”, below). You must provide us with a current, valid, accepted method of payment (which we may update from time to time, “Payment Method”) to use YIPPEE. We will automatically bill the monthly membership fee to your Payment Method each month until your subscription is cancelled or terminated.

  3. YIPPEE Credits. Each member receives credits per Membership Cycle (“YIPPEE Credits”) to be used to reserve any activity of their choice available on our platform. YIPPEE reserves the right to change from time to time the number of YIPPEE Credits a member is entitled per cycle, membership plan, or otherwise.

  4. Membership Plans. We may offer a number of membership plans, including special promotional plans or memberships, with differing conditions and limitations. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

  5. Activity Availability and Allocation. YIPPEE makes no guarantee on the availability of particular activities or other inventory, and availability may change over time, including during the course of any given Membership Cycle.

  6. Use of YIPPEE. Your YIPPEE membership is personal to you and you agree not to create more than one account. Members cannot transfer or gift activities to third parties, including other YIPPEE members. YIPPEE may not be used for commercial purposes. To use your YIPPEE membership you must have access to the Internet. We continually update and test various aspects of the YIPPEE platform. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice.

  7. Cancellation of Membership. You may terminate your monthly subscription at any time with by going into your accounts settings on the YIPPEE website and cancelling.

  8. Reservation and Cancellation of Activities. As a YIPPEE member you must reserve and cancel your YIPPEE activities only through the YIPPEE website or mobile application. It is a breach of your YIPPEE subscription terms if you cancel an activity directly with a Provider, including through any online or mobile account you have with a Provider. If you cancel directly with such Provider, we reserve the right to charge you the full amount that the Provider charges for such activity and/or any applicable cancellation fees, and/or to terminate your subscription.

  9. Promotions. From time to time we may make available promotions or promotional plans (including through the use of promotional codes or those provided as part of a third-party promotion). Promotions and promotional plans may be redeemed as described in the specifics of the promotion and may be subject to additional or different terms. Unless otherwise expressly communicated to you in connection with your redemption, promotions and promotional plans are only available to new customers that have never had a YIPPEE account before, are not transferable, can only be used once, cannot be redeemed for cash, and may not be combined with other offers and are void where prohibited.

Billing

  1. Recurring Billing. By starting your YIPPEE membership, you authorize us to charge you for your initial membership period and a recurring monthly membership fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

  2. Billing Cycle. When you sign up and purchase your YIPPEE subscription, your first subscription cycle will be billed immediately. Your subscription will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we’ll make adjustments to the amounts we charge, as appropriate). In the event that your membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your YIPPEE membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your membership.

  3. Refunds. Generally, our fees (including the monthly fee for your membership and any other fees) are non-refundable.

  4. Price Changes. We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the YIPPEE website or other means as we may deem appropriate from time to time, such as email.

  5. Payment Methods. You may edit your Payment Method information by logging online and editing it under "Profile". If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated, including in the event you attempt to create a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.

Termination or Modification by YIPPEE.

  1. Termination or Modification. You understand and agree that, at any time and without prior notice YIPPEE may (1) terminate, cancel, deactivate and/or suspend your subscription, your account, any orders placed, or your access to or use of the Site (or any portion thereof) and/or (2) discontinue, modify or alter any aspect, feature or policy of the Site or your subscription. This includes the right to terminate or modify any subscription prior to the end of any pre-paid or committed period. Upon any termination, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Upon any such termination by us without cause, we will issue you a pro-rated refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for activities or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of the Site, you will not be entitled to any refund and you agree that we will not be responsible to pay any such refund. You agree that YIPPEE will not be liable to you or any third party for any termination or modification to the service regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us is to cancel or terminate your subscription.

  2. Infringing or Fraudulent Activity. YIPPEE does not permit copyright infringing activities and reserves the right to terminate access to the Site and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities.

Registration Information and Password.

You agree that the information you provide to YIPPEE at registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

Privacy.

Your privacy is important to YIPPEE. The YIPPEE Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to YIPPEE’s collection, use, and disclosure of your personal information. When you make a reservation, the applicable Provider partner will have access to certain information about you, such as your name and email address, so it can provide services to you, communicate with you regarding the activity you reserved and send you other communication that may be of interest to you such as marketing offers. Please see the Privacy Policy (https://www.yippee.sg/privacy-policy) for more information.

Prohibited Conduct.

You promise not to:

  1. Harass, threaten, or defraud users, members or staff of YIPPEE or Providers;
  2. Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
  3. Impersonate another person or access another user’s account without that person’s permission;
  4. Share YIPPEE-issued passwords with any third party or encourage any other user to do so;
  5. Permit third parties to use any activities booked under your own membership, including other members;
  6. Cancel any YIPPEE activity directly with a Provider, rather than through the YIPPEE Site,
  7. Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights;
  8. Upload material (e.g. virus) that is damaging to computer systems or data of YIPPEE or users of the Site;
  9. Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others; or
  10. Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content.

Prohibited Uses.

As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that, in our sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, or any part of the Site, other accounts, computer systems or networks connected to the Site, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You may not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site. The Site may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. YIPPEE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

User Submissions.

If you provide YIPPEE with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), YIPPEE shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant YIPPEE a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose.

Ownership; Proprietary Rights.

The YIPPEE website and mobile applications are owned and operated by YIPPEE. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by YIPPEE (“Materials”) are protected by the copyright, trade dress, patent, trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any content uploaded by you, all Materials contained on the Site are the copyrighted property of YIPPEE or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to YIPPEE or its affiliates and/or third-party licensors. Except as expressly authorized by YIPPEE, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

Third-Party Sites, Products and Services; Links.

The Site may include links or access to other web sites or services (“Linked Sites”) solely as a convenience to users. YIPPEE does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, YIPPEE makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the site are solely between you and such advertiser. You agree that YIPPEE will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the site.

Notice.

Except as explicitly stated otherwise, legal notices will be served, with respect to YIPPEE, on YIPPEE’s national registered agent, and, with respect to you, to the email address you provide to YIPPEE during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three days after the date of mailing.

Disclaimers; No Warranties.

Activities, and other non-YIPPEE products and services offered via the site are offered and provided by third-parties, not YIPPEE. Your attendance and participation in these activities, and your use of these non-YIPPEE products and services is solely at your own risk. In no event shall YIPPEE be liable for any act, error or omission by any third party, including, without limitation, any which arises out of or is any way connected with a user’s attendance, use of or participation in a activity, service, product or appointment made through the site, or the performance or non-performance of any third party provider in connection with the services. YIPPEE is not an agent of any third party provider. The site and any downloadable software, content, services, or applications made available in conjunction with or through the site are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, YIPPEE, on behalf of itself and its suppliers and partners, disclaims and excludes all warranties, whether statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, YIPPEE does not warrant or make any representations (i) that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site will be uninterrupted or error-free, that defects will be corrected, or that the site and any downloadable software, content, services, or applications made available in conjunction with or through the site or the server that makes them available are free of viruses or other harmful components, or (ii) regarding the use of the site and any downloadable software, content, services, or applications made available in conjunction with or through the site in terms of correctness, accuracy, reliability, or otherwise. any material or data that you download or otherwise obtain through the site is at your own risk. You are solely responsible for any damages to your computer system or loss of data resulting from the download of such material or data.

Waiver and Release.

You understand that YIPPEE is not an activity vendor, studio or other service provider and the activities you participate or services you use are operated and delivered by the applicable Provider and not by YIPPEE. Although YIPPEE endeavours to offer inventory that is of high quality, YIPPEE is not responsible for the quality of any activity or service. You understand that there are certain inherent risks and dangers in exercising and that the activity you may attend offer a range of intensity level. By signing up for a YIPPEE membership, you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness and bodily injury or death. You acknowledge that some of these risks cannot be eliminated and you specifically assume the risk of injury or harm. You acknowledge and agree that it is your responsibility to consult with your primary care physician prior to participating and to determine if and how participating in any activity or service is appropriate for you. You also understand and agree that the Site offers health and fitness information that is designed for educational and entertainment purposes only and the use of any of the information provided on the Site is solely at your own risk. Therefore, to the fullest extent permitted by law, you release, indemnify, and hold harmless YIPPEE, its parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns, from any and all responsibility, claims, actions, suits, procedures, costs, expenses, damages and liabilities arising out of or in any way related to your participation in or use of your YIPPEE membership, including with respect to bodily injury, physical harm, illness, death or property damage.

Indemnification; Hold Harmless.

You agree to indemnify and hold YIPPEE, its affiliated companies, and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your misuse of the Site, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.

Limitation of Liability and Damages.

Under no circumstances will YIPPEE or its affiliates, contractors, employees, agents, or third-party partners or suppliers be liable for any special, indirect, incidental, or consequential damages under any theory of liability, whether based in contract, tort (including negligence and product liability), or otherwise, even if YIPPEE has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, YIPPEE’s liability will be limited to the fullest extent permitted by applicable law.

Provider Waivers and Terms.

Members participating in activities are deemed to agree to the liability waivers of individual Provider. Your participation in any activity or service may be subject to addition policies, rules or conditions of the applicable Provider and you understand and agree that you may not be permitted to reserve or participate activities at a particular Provider if you do not comply with these Terms or the policies of such Provider. If you have questions about a Provider’s waiver or other terms, please see the applicable Provider’s website or contact the Provider directly.

Arbitration Agreement

  1. General. Generally, if a dispute arises between YIPPEE and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and YIPPEE agree that the parties will resolve any claim or controversy at law or equity that arises out of this Agreement or the Site or App (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
  2. Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the Republic of Singapore, without regard to conflict of law provisions. You agree that any claim or dispute you may have against YIPPEE must be resolved by a court located in Republic of Singapore, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Republic of Singapore for the purpose of litigating all such claims or disputes.

Miscellaneous.

  1. Assignment. We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
  2. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
  3. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
  4. Entire Agreement. These Terms and any applicable Additional Terms, as each may be amended as set forth herein, are the entire agreement between you and YIPPEE relating to the subject matter herein.
  5. Claims; Statute of Limitations. YOU AND YIPPEE AGRE E THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  6. Waiver. No waiver of any of these Terms by YIPPEE is binding unless authorized in writing by an executive officer of YIPPEE. In the event that YIPPEE waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of YIPPEE to enforce the same at a later time.

Last updated: 19 February 2017