Last updated: 20 February 2021
These Terms and Conditions (“Terms”) govern your relationship with and the use of https://www.xeplanner.com website (the “Site” or “Marketplace” operated by Xeplanner Pte. Ltd. (“Xeplanner”, “Us”, “We”, “the Site” or “Our”).
Your access to and continuous use of the Site is conditioned on your acceptance of and compliance with these Terms, and such access and use amount to the acceptance of these Terms. These Terms apply to all visitors, members and others who access or use the Site.
By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of the terms then you must stop accessing the Site.
XEPLANNER IS A NEUTRAL VENUE
Xeplanner is an innovative community and marketplace for the event industry. Xeplanner is not an event product or service provider, event vendor or an agent representative. Xeplanner members include prospective brides and grooms, newlyweds and their Event guests; event planner and event attendees (collectively, “Event Members” or “You”/“Your”) and companies and other third parties offering products and services related to Event (“Vendor Members”) (both Event Members and Vendor Members collectively referred to as “Members”).
We and the Site function solely as a neutral venue and digital clearinghouse where Event Members can search a large directory of Vendor Members’ services and products, and for the Members to connect for a particular type of service or product. We are not involved in or a party to the actual transaction between Members. As a result, We have no control over the existence, quality, accuracy, safety, or legality of the transactions that take place on the Site, the accuracy of listings, the ability of Vendor Members to provide items or perform services, the ability of Event Members to pay for any goods and services, and We make no representations or warranties and are not liable or responsible for the actions or inactions of Members. Xeplanner does not endorse any particular Event Member or Vendor Member.
We also provide free event planning tools as reference and guide exclusively for our Event Members. Such tools serve only as reference and guide, and to give Event Members ideas and inspirations. The tools shall not therefore be relied upon as professional advice or recommendation by Xeplanner.
We use techniques to help verify the identity of Vendor Members when they register for accounts on our Site; however, Xeplanner cannot and will not guarantee each Vendor Member’s identity; capabilities, or that it has obtained all required permits, licenses or consents or that it complies with all applicable laws. In addition, We cannot guarantee that information provided by or about Vendor Members on the Site is accurate.
We have implemented a member-managed feedback system to help You evaluate Vendor Members with whom You are considering transacting business. Please see Schedule 1.
Member acknowledges and accepts that the Site may be subjected to interruptions in terms of availability or functionality, downtime, glitches, attacks and/or events that are beyond Xeplanner’s control. Therefore, while Xeplanner will use all reasonable efforts to provide and maintain the Site and also ensure that it is available and accessible at all times, it may be unavailable from time to time for any reason including but not limited to the factors herein, or routine maintenance or upgrading.
Notwithstanding any of the terms contained herein, Xeplanner will use its best endeavours to provide notification to the Members of any event which affect the Site, but shall not in any event be liable for any delay or failure to provide such notification.
Xeplanner also has the sole and absolute discretion to change the Site, the feedback system, and other features of the Site and Marketplace as a result of analysis and application of feedbacks and data collected from Members in order to achieve optimal utilization of the data for the benefits of all Members.
XEPLANNER PAY AND REBATE
Xeplanner Pay – Xeplanner uses 3rd party payment platform to ensure Your payment information is highly secured and stored.
Xeplanner Pay Rebate – Xeplanner holds a Xeplanner Pay Rebate program, where Xeplanner will give direct cashback or rewards points to any Event Member that conducts transaction using Xeplanner Pay.
Xeplanner will charge related tax on behalf of Vendor Member.
For payments in a currency other than SGD, currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary, and may not be updated on a daily basis. The currency rates supplied is believed to be accurate, but Xeplanner does not warrant or guarantee such accuracy. When using the currency rate for cost planning or payment purposes, We advise You to consult a qualified professional to verify the accuracy of the currency rates. Xeplanner does not endorse such currency rates and Members shall not use the currency rate for any purpose other than the purposes herein.
RELATIONSHIP WITH VENDOR MEMBER
Vendor Members will need to enter into a formal agreement with Xeplanner before being allowed to provide products and services.
The relationship of Xeplanner and Vendor Members shall be, and shall at all times remain, one of independent contractors and not that of employer and employee, servant and master, principal and agent, franchisor and franchisee, partners or joint venturers.
The Vendor Member has no affiliation, association or connection with Xeplanner, and the Vendor Member has no authority to bind, commit, contract for, or otherwise obligate Xeplanner in any way or manner whatsoever.
Xeplanner will therefore never be liable under any transaction in any manner whatsoever, and also any and all issues arising out of the performance or breach of the contract by the Vendor Member. Xeplanner is further not liable to maintain or provide any insurance for the performance of the contract by the Vendor Member.
EVENT MEMBER’S OBLIGATIONS AND RESPONSIBILITIES
The Event Member understands and accepts that some deliverables, products or services, may form a part or a segment of the event or the whole event. The Event Member therefore agrees to fully cooperate and coordinate with other vendors, service providers, contractors, and other relevant parties involved in the event, where required.
The Event Member understands and accepts that it shall not assign or onsell the Engagement Contract to another Event Member unless permitted in writing by Xeplanner.
The Event Member shall not Engage further Services or Products from the Vendor without going through Xeplanner. Doing so is a breach of these Terms and will also render the Event Member liable for inducing the Vendor Member to breach its agreement with Xeplanner.
You agree and undertake NOT to:
- impersonate any person or entity or to falsely state or otherwise misrepresent Your affiliation with any person or entity;
- use the Marketplace for illegal purposes;
- attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Site;
- post, promote or transmit through the Site any Prohibited Materials;
- interfere with another’s utilization and enjoyment of the Site;
- use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another party’s computer or mobile device or the Site; and
- use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
We reserve the right, but shall not be obliged, to:
- monitor, screen or otherwise control any activity, content or material on the Site and/or through the Site. We may in our sole and absolute discretion, investigate any violation of the Terms contained herein and may take any action it deems appropriate;
- prevent or restrict Your access of any to the Site;
- report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
- to request any information and data from You in connection with Your use of the Site at any time and to exercise our right under this paragraph if You refuse to divulge such information and/or data or if You provide or if we have reasonable grounds to suspect that You have provided inaccurate, misleading or fraudulent information and/or data.
There are currently NO minimum fees to join Xeplanner for Vendor Members and Xeplanner may introduce subscription plans from time to time which are optional (“Subscribed Services”).
For Subscribed Services, they are billed on a subscription basis (“Subscription plan”). Vendor Members will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set either on a monthly or annual basis, depending on the type of Subscription plan selected.
At the end of each Billing Cycle, the Subscription plan will automatically renew under the exact same conditions unless the Vendor Member cancels it or Xeplanner cancels it. Vendor Member may cancel the Subscription renewal either through the Vendor Member’s online account management page or by contacting Xeplanner customer support team at firstname.lastname@example.org.
Xeplanner may, in its sole discretion and at any time, modify the Subscription plan fees for the Subscription plans. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Xeplanner will provide Vendor Members with reasonable prior notice of any change in Subscription plan fees to give them an opportunity to terminate or discontinue their Subscription plan before such change becomes effective. Continued use of the Subscribed Service after the Subscription plan fee change comes into effect constitutes Vendor Member’s agreement to pay the new Subscription plan fee amount.
A valid payment method, including credit card or PayPal, is required to process the payment for the Subscription plan fee. Event Members shall provide Xeplanner with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, Vendor Members automatically authorize Xeplanner to charge all Subscription plan fees incurred through the said account to any such payment instruments.
Should automatic billing fail to occur for any reason, Xeplanner will issue an electronic invoice indicating that the Vendor Member must make payment manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
In the event Vendor Member believes that it has been charged in error, it must contact Xeplanner customer service at email@example.com within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.
Event Members may have refunds from Vendor Members if the contract contains such a clause. In the event Vendor Members refund payment to You, Xeplanner shall also refund half of any and all fee collected from the Vendor Member for that particular Engagement Contract but subject to the deduction of admin fees, bank charges and/or charges by third party vendors incurred by Xeplanner. Any cashback or rewards points for that particular transaction will also be fully reversed and can be used to offset the payment of any refund to the Event Members.
Our Service allows You to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content, You grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Site. You retain any and all of Your rights to any Content You submit, post or display on or through the Site and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other members of the Site, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You further represent and warrant that in the event pictures, videos or any product created, produced and/or became available as a result of or through the use of the Site are to be used by You in other social media networks, platforms or medium (electronic or otherwise), You shall be solely responsible for the compliance of the terms and conditions of such network, platform or medium.
ACCOUNTS AND MEMBERSHIP
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on our Site.
You are responsible for safeguarding the password that You use to access the Site and for any activities or actions under Your password, whether Your password is with Our Site or a third-party service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We may allow You to receive promotional coupons (“Coupons”) that may be used to purchase goods and services from third parties (“Coupon Vendors”). In no event shall We be responsible for providing the goods and/or services indicated in a Coupon. We shall have no liability for the goods and/or services provided under a Coupon. We are not responsible for expired, lost or stolen Coupons, or any withdrawal or cancellation of benefits under any such Coupons. You acknowledge and agree that Xeplanner may stop (permanently or temporarily) providing the Coupons to You or to users generally at Xeplanner’s sole discretion, without prior notice to You.
In the event Gift Cards are awarded to You by Xeplanner, such Gift Cards will be governed by the terms and conditions applicable to such Gift Cards.
INTELLECTUAL PROPERTY RIGHTS
Xeplanner is the sole owner of all Intellectual Property Rights in the Marketplace and any associated intellectual property and rights in any form or embodiment, the goodwill of the Site, the content, software and trademarks, the website, business material, phrases and descriptions, logos, the “look”, “feel”, “appearance”, “graphic function” and layout, colour combinations, sounds, layouts, designs, texts, articles, quotes, graphics, video and/or audio content used by of Xeplanner for the Site, and the use of the Event Member of the Site will not grant the Event Member any right, title or interest in such items.
Any Intellectual Property Rights created from the Event Member’s use of the Site, including but not limited to the information and contributions uploaded to the Marketplace, (including but not limited to texts, article, quotes, graphics, video and/or audio content), will be automatically granted to and vested in Xeplanner, and the Vendor Member further represents and warrants that the Vendor Member has the right/ownership to so grant and vest such Intellectual Property Rights on Xeplanner and to give to Xeplanner a worldwide, unrestricted, exclusive, irrevocable, transferable and royalty free licence to use such Intellectual Property Rights.
LINKS TO OTHER WEBSITES
Our Site may contain links to third-party websites or services that are not owned or controlled by Xeplanner.
Xeplanner has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Xeplanner shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach the Terms.
Upon termination, Your right to use the Site will immediately cease. If You wish to terminate Your account, You may simply discontinue using the Service. In the event that we suspend or terminate Your access to and/or use of the Site, You will continue to be bound by the Terms that were in effect as of the date of Your suspension or termination.
Xeplanner may modify or discontinue this site, with or without notice to You, and that Xeplanner will not be liable to You or any third party as a result of such modification or discontinuation.
LIMITATION OF LIABILITY
In no event shall Xeplanner, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) Your access to or use of or inability to access or use the Site; (b) any conduct or content of any third party on the Site; (c) any content obtained from the Service; and (d) unauthorized access, use or alteration of Your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not We have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
If You are dissatisfied with the Site, or any materials, products, or services on the Site, or with any of the Site’s Terms, Your exclusive and sole remedy is to discontinue using the Site.
You must indemnify, hold harmless and protect Xeplanner in any circumstances including indemnifying, holding harmless and protecting Xeplanner’s board of directors, commissioners, shareholders, administrators, employees, and/or its affiliates from and against any and all losses, damages, liabilities, payments, obligations, and expenses (including any reasonable legal fees and expenses) directly suffered by Xeplanner and any of its board of directors, commissioners, shareholders, administrators, employees, and/or its affiliates led by the Member’s breach in using the Xeplanner platform.
Your use of the Site is at your sole risk. The Site and its content and any services provided therein are provided for entertainment, educational and promotional purposes. We provide the Site, its content and any services, including, without limitation, any sample document provided, displayed or generated by Xeplanner, on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Xeplanner, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Site will function uninterrupted, secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Site is free of viruses or other harmful components; (d) the results of using the Site will meet Your requirements; or (e) the information on the Site will be accurate or up-to-date.
These disclaimers apply to Us and Our affiliated and related companies as well as third parties that are involved in the creation, production or distribution of the Site, and any of their employees and agents.
DISPUTE BETWEEN MEMBERS
Any transaction entered into by an Event Member and the Vendor Member is strictly between the Event Member and the Vendor Member, and Xeplanner is not a party to that transaction. Any dispute between the Members is strictly between them, and Xeplanner will not be a party to that dispute.
In the event of dispute between the Members, the Members shall use best efforts to discuss and mediate the dispute to reach an amicable settlement.
Should the dispute remain unresolved, Members can provide Xeplanner with the relevant information and evidence for Xeplanner’s assessment and recommendation. The Members must ensure that the information and evidence provided to Xeplanner are true and accurate. Xeplanner is in no position to decide on any dispute because it is not a judicial body.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, 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 this clause.
The seat of the arbitration shall be Singapore. The Tribunal shall consist of 1 arbitrator. The language of the arbitration shall be English.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material We will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use the Site after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, please stop using the Site.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between parties regarding our Site, and supersede and replace any prior agreements we might have between us regarding the Site.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org.
FEEDBACK, RATING AND REVIEW DISPUTES
Xeplanner maintains a Member-managed feedback system for the evaluation of Vendor Members, where Vendor Members will be in a position to market or position themselves and their deliverables by reference to the feedback. Xeplanner also conducts written and oral surveys to obtain feedback from Members of the performance, quality, price and charges of the vendors in order to improve the overall functioning of the Site.
If You undermine the integrity of our Rating and Review system in any way, Your account may be suspended or terminated. Each Vendor Member acknowledges that its Rating and Review (“feedback”) consists of opinions left by other Members and a machine calculated feedback score. Members further acknowledge that Xeplanner does not make judgments on the truth or accuracy of opinions or statements.
- Event Members may only leave one feedback item per unique transaction, whether positive, neutral, or negative, for any other Vendor Member.
- The Event Member leaving the review must have conducted business with the Vendor Member and be able to provide proof of that business, such as a signed contract or formal proof of payment (i.e., cashed check, credit card statement, paid invoice, or receipt). Xeplanner does not accept editable documents or email correspondence. Xeplanner reserves the right to request additional information regarding proof of business.
- By submitting feedback, You agree that feedback is subject to compliance audit by the Xeplanner Compliance Team at any time. Any feedback item investigated by the Xeplanner Compliance Team may be temporarily or permanently removed.
In order to protect the integrity of the Rating and Review system, Xeplanner will only consider removing a feedback item under the following scenarios:
- If feedback posted contains language that is profane, vulgar, discriminatory or contains adult material.
- If Xeplanner is provided with a court order directing Xeplanner to remove or modify the feedback.
- If feedback posted makes any reference to actions taken or purported to be taken by Xeplanner or any law enforcement organization.
- If feedback posted seeks to elicit or solicit any Member’s contact information, such as other Member email addresses, for any non-Xeplanner related commercial or business purposes, or to transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”.
- If the Member who left feedback cannot be reached by Xeplanner or fails, within two months from the date Xeplanner attempts to contact such member as part of the dispute process, to validate that the business was conducted with the Vendor Member.
- If feedback contains personally identifiable information of other members, personnel of Vendor Members or any other person. Personally, identifiable information includes, but is not limited to, full names, date of birth, physical addresses, email addresses, credit card numbers, social security numbers or any other identification number provided by a government.
- If required pursuant to these Terms.
FILING A RATINGS AND REVIEW DISPUTE
Event Members may send an email to email@example.com. All Vendor Members in receipt of a feedback item will have the opportunity to respond publicly to the feedback within the Xeplanner interface.
Xeplanner may suspend or terminate Your account if We suspect that You have engaged in fraudulent activity in connection with our Site, as determined at Our sole discretion. Fraudulent acts include, but are not limited to, the manipulation of the Rating and Review System.
Xeplanner has and retains the sole and absolute discretion in administering and managing the content of the Review and Rating feature.