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Terms & Conditions

If your country of residence is outside of the EEA or the United Kingdom, your agreement with Snecm comprises the Terms of Use for Non-European Users.

If your country of residence is within the European Economic Area (“EEA”) or the United Kingdom, your agreement with Snecm comprises the Terms of Use for European Users.

 

Terms of Use

Please read these Terms of Use (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Snecm Platform, you agree to comply with and be bound by these Terms.

Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all Snecm Members. If your country of residence is the United States, this provision applies to all disputes with Snecm. If your country of residence is outside of the United States, this provision applies to any action you bring against Snecm in the United States. It affects how disputes with Snecm are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Last Updated: February 20th, 2020

Thank you for using Snecm!

These Terms constitute a legally binding agreement ("Agreement") between you and Snecm (as defined below) governing your access to and use of the Snecm website, including any subdomains thereof, and any other websites through which Snecm makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Snecm Services"). The Site, Application and Snecm Services together are hereinafter collectively referred to as the “Snecm Platform”. Our Seller Guarantee Terms, Japan Seller Insurance Terms, Buyer Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Snecm Platform are incorporated by reference into this Agreement.

When these Terms mention “Snecm,” “we,” “us,” or “our,” it refers to the Snecm company you are contracting with. Your contracting entity will generally be determined based on your country of residence or establishment.

If you change your country of residence or establishment, the Snecm company you contract with will be determined by your new country of residence or establishment as specified above, from the date on which your country of residence changes.

Our collection and use of personal information in connection with your access to and use of the Snecm Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Snecm Platform ("Payment Services") are provided to you by one or more Snecm Payments entities (individually and collectively, as appropriate, "Snecm Payments") as set out in the Payments Terms of Use ("Payments Terms").

Sellers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Seller Services (as defined below). For example, some cities have laws that restrict their ability to Seller paying Buyers for short periods or provide certain Seller Services. In many cities, Sellers may have to register, get a permit or obtain a license before providing certain Seller Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Seller are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Seller Services they offer. Certain types of Seller Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Seller Service(s) on Snecm, you should always seek legal guidance.

1. Scope of Snecm Services

1.1 The Snecm Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Sellers” and the services they offer are “Seller Services”) to publish such Seller Services on the Snecm Platform (“Listings”) and to communicate and transact directly with Members that are seeking to purchase such Seller Services (Members using Seller Services are “Buyers”). Seller Services may include the offering of products or other properties for use ("Products & Services"), in various categories (“Ratings”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.

1.2 As the provider of the Snecm Platform, Snecm does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Seller Services, nor is Snecm an organiser or retailer of travel packages under Directive (EU) 2015/2302. Sellers alone are responsible for their Listings and Seller Services. When Members make or accept a purchasing, they are entering into a contract directly with each other. Snecm is not and does not become a party to or other participant in any contractual relationship between Members, nor is Snecm a real estate broker or insurer. Snecm is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, Snecm has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Seller Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Snecm does not endorse any Member, Listing or Seller Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Snecm about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Product, participate in an Rating or Event or use other Seller Services, accept a purchasing request from a Buyer, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Snecm of any Seller or Listing.

1.4 If you choose to use the Snecm Platform as a Seller or Co-Owner (as defined below), your relationship with Snecm is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Snecm for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Snecm. Snecm does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Seller Services. You acknowledge and agree that you have complete discretion whether to list Seller Services or otherwise engage in other business or employment activities.

1.5 To promote the Snecm Platform and to increase the exposure of Listings to potential Buyers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Snecm cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Snecm Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The Snecm Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Snecm is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Snecm of such Third-Party Services.

1.7 Due to the nature of the Internet, Snecm cannot guarantee the continuous and uninterrupted availability and accessibility of the Snecm Platform. Snecm may restrict the availability of the Snecm Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Snecm Platform. Snecm may improve, enhance and modify the Snecm Platform and introduce new Snecm Services from time to time.

2. Eligibility, Using the Snecm Platform, Member Verification

2.1 In order to access and use the Snecm Platform or register an Snecm Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Seller Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 Snecm may make access to and use of the Snecm Platform, or certain areas or features of the Snecm Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s purchasing and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the Snecm Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Snecm Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Snecm Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Snecm Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Use.

3. Modification of these Terms

Snecm reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Snecm Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Snecm Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("Snecm Account") to access and use certain features of the Snecm Platform, such as publishing or purchasing a Listing. If you are registering an Snecm Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an Snecm Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facepurchase or Google ("SNS Account"). You have the ability to disable the connection between your Snecm Account and your SNS Account at any time, by accessing the "Settings" section of the Snecm Platform.

4.3 You must provide accurate, current and complete information during the registration process and keep your Snecm Account and public Snecm Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Snecm Account unless Snecm authorizes you to do so. You may not assign or otherwise transfer your Snecm Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Snecm Account credentials and may not disclose your credentials to any third party. You must immediately notify Snecm if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Snecm Account. You are liable for any and all activities conducted through your Snecm Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 Snecm may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Snecm Account. For example, we may enable Members to link their Snecm Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to purchase Listings on behalf of other Members, or we may enable Sellers to add other Members as Co-Owners (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Snecm to ask for your credentials, and you shall not request the credentials of another Member.

5. Content

5.1 Snecm may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Snecm Platform ("Member Content"); and (ii) access and view Member Content and any content that Snecm itself makes available on or through the Snecm Platform, including proprietary Snecm content and any content licensed or authorized for use by or through Snecm from a third party ("Snecm Content" and together with Member Content, "Collective Content").

5.2 The Snecm Platform, Snecm Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of international and other countries. You acknowledge and agree that the Snecm Platform and Snecm Content, including all associated intellectual property rights, are the exclusive property of Snecm and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Snecm Platform, Snecm Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Snecm used on or in connection with the Snecm Platform and Snecm Content are trademarks or registered trademarks of Snecm in the International and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Snecm Platform, Snecm Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Snecm Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Snecm or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Snecm grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Snecm Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Snecm Platform, you grant to Snecm a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Snecm Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Snecm does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 Snecm may offer Sellers the option of having professional photographers take photographs of their Seller Services, which are made available by the photographer to Sellers to include in their Listings with or without a watermark or tag bearing the words "Snecm.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Seller Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Snecm Platform if they no longer accurately represent your Listing, if you stop Sellering the Seller Service featured, or if your Snecm Account is terminated or suspended for any reason. You acknowledge and agree that Snecm shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Snecm is not the exclusive owner of Verified Images, by using such Verified Images on or through the Snecm Platform, you grant to Snecm an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Snecm in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Snecm Platform solely for your personal and non-commercial use.

5.7 You are solely responsible for all Member Content that you make available on or through the Snecm Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Snecm Platform or you have all rights, licenses, consents and releases that are necessary to grant to Snecm the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Snecm's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Snecm’s Content Policy or any other Snecm policy. Snecm may, without prior notice, remove or disable access to any Member Content that Snecm finds to be in violation of applicable law, these Terms or Snecm’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Snecm, its Members, third parties, or property.

5.9 Snecm respects copyright law and expects its Members to do the same. If you believe that any content on the Snecm Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

6. Service Fees

6.1 Snecm may charge fees to Sellers ("Seller Fees") and/or Buyers ("Buyer Fees") (collectively, "Service Fees") in consideration for the use of the Snecm Platform. More information about when Service Fees apply and how they are calculated can be found on website Snecm.com.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Seller or Buyer prior to publishing or purchasing a Listing. Snecm reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any purchasings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to Snecm. The applicable Service Fees (including any applicable Taxes) are collected by Snecm Payments. Snecm Payments will deduct any Seller Fees from the Listing Fee before remitting the payout to the Seller. Any Buyer Fees are included in the Total Fees collected by Snecm Payments. Except as otherwise provided on the Snecm Platform, Service Fees are non-refundable.

7. Terms specific for Sellers

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the Snecm Platform you must (i) provide complete and accurate information about your Seller Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Rating) and (iii) provide any other pertinent information requested by Snecm. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as shipping fees) for your Listing (“Listing Fee”). Once a Buyer requests a purchasing of your Listing, you may not request that the Buyer pays a higher price than in the purchasing request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Snecm may enable certain Sellers to participate in its “Promotion Program.” The Promotion Program enables Sellers to provide Listings to certain Buyers, such as refugees or evacuees, for free. You acknowledge that if you choose to participate in the Promotion Program, your ability to restrict your Listing to certain Buyers, such as Buyers with previous positive Reviews, may be limited.

7.1.5 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Seller Product. Snecm reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.6 The placement and ranking of Listings in search results on the Snecm Platform may vary and depend on a variety of factors, such as Buyer search parameters and preferences, Seller requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Seller Service, and/or ease of purchasing. More information about the factors that determine how your Listing appears in search results can be found on our help center.

7.1.7 When you accept or have pre-approved a purchasing request by a Buyer, you are entering into a legally binding agreement with the Buyer and are required to provide your Seller Service(s) to the Buyer as described in your Listing when the purchasing request is made. You also agree to pay the applicable Seller Fee and any applicable Taxes.

7.1.8 Snecm recommends that Sellers obtain appropriate insurance for their Seller Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Buyers (and the individuals the Buyer has purchaseed for, if applicable) while staying at your Product or participating in your Rating, Event or other Seller Service.

7.2 Listing Products & Services

7.2.1 Unless expressly allowed by Snecm, you may not list more than one Product per Listing.

7.2.2 If you choose to require a security deposit for your Product, you must specify this in your Listing ("Security Deposit"). Sellers are not allowed to ask for a Security Deposit (i) after a purchasing has been confirmed or (ii) outside of the Snecm Platform.

7.2.3 You represent and warrant that any Listing you post and the purchasing of, or a Buyer's stay at, an Product will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Seller, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Product at your request or invitation, excluding the Buyer and any individuals the Buyer invites to the Product.

7.3 Listing Ratings, Events and other Seller Services

Sellers who list Ratings, Events and Seller Services other than Products & Services agree to and are subject to the Additional Terms for Rating Sellers.

7.4 Co-Owners

7.4.1 Snecm may enable Sellers to authorize other Members (“Co-Owners”) to administer the Seller’s Listing(s), and to bind the Seller and take certain actions in relation to the Listing(s) as permitted by the Seller, such as accepting purchasing requests, messaging and welcoming Buyers, and updating the Listing Fee and calendar availability (collectively, “Co-Owner Services”). Any agreement formed between Seller and Co-Owner may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Seller Service(s). Co-Owners may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Snecm. Snecm reserves the right, in our sole discretion, to limit the number of Co-Owners a Seller may invite for each Listing and to limit the number of Listings a Co-Owner may manage.

7.4.2 Sellers should exercise due diligence and care when deciding who to add as a Co-Owner to their Listing(s). Sellers remain solely responsible and liable for any and all Listings and Member Content published on the Snecm Platform, including any Listing created by a Co-Owner on their behalf. Further, Sellers remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Owner(s). Co-Owners remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Owner, including, but not limited to, conduct that causes harm or damage to the Seller. In addition, both Seller and Co-Owner are jointly responsible and severally liable for third party claims, including Buyer claims, arising from the acts and omissions of the other person as related to Sellering activities, communications with Buyers, and the provision of any Co-Owner Services.

7.4.3 Unless agreed otherwise by Seller and Co-Owner, Seller and Co-Owner may terminate the Co-Owner agreement at any time. In addition, both Seller and Co-Owner acknowledge that their Co-Ownering relationship will terminate in the event that Snecm (i) terminates the Co-Owner service or (ii) terminates either party’s participation in the Co-Owner service. When the Co-Owner agreement is terminated, the Seller will remain responsible for all of the Co-Owner’s actions prior to the termination, including the responsibility to fulfill any pending or future purchasings initiated prior to the termination. When a Member is removed as a Co-Owner, that Member will no longer have access to any Seller or Buyer information related to the applicable Seller’s Listing(s).

7.4.4 As a Co-Owner, you will not be reviewed by Buyers, meaning that your Co-Owner activities will not affect your Reviews or Ratings for other Listings for which you are a Seller. Instead, the Seller of such Listing(s) will be reviewed by Buyers (including potentially on the basis of the Co-Owner’s conduct and performance). Sellers acknowledge that Reviews and Ratings from Buyers for their Listing(s) may be impacted by a Co-Owner’s conduct and performance.

8. Terms specific for Buyers

8.1 Terms applicable to all purchasings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Snecm and/or the Seller, you can purchase a Listing available on the Snecm Platform by following the respective purchasing process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Buyer Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to purchasing a Listing. You agree to pay the Total Fees for any purchasing requested in connection with your Snecm Account.

8.1.2 Upon receipt of a purchasing confirmation from Snecm, a legally binding agreement is formed between you and your Seller, subject to any additional terms and conditions of the Seller that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Snecm Payments will collect the Total Fees at the time of the purchasing request or upon the Seller’s confirmation pursuant to the Payments Terms. For certain purchasings, Buyers may be required to pay or have the option to pay in multiple installments.

8.1.3 If you purchase a Seller Service on behalf of additional Buyers, you are required to ensure that every additional Buyer meets any requirements set by the Seller, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Seller. If you are purchasing for an additional Buyer who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Rating, Event or other Seller Service if accompanied by an adult who is responsible for them.

8.1.4 Snecm may enable a Buyer who is purchasing a Listing on behalf of one or more additional Buyers (the “Organizer”) to split the payment of the Total Fees for an eligible purchasing on a pro-rata basis between the Organizer and at least one other additional Buyer (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register an Snecm Account prior to making a payment. All payments via the Group Payment Service are handled by Snecm Payments and are subject to the Group Payment Terms of Use.

8.2 Purchasing Products & Services

You understand that a confirmed purchasing of an Product (“Product Purchasing”) is a limited license granted to you by the Seller to enter, occupy and use the Product for the duration of your stay, during which time the Seller (only where and to the extent permitted by applicable law) retains the right to re-enter the Product, in accordance with your agreement with the Seller.

8.3 Purchasing Ratings, Events and other Seller Services

8.3.1 You should carefully review the description of any Rating, Event or other Seller Service you intend to purchase to ensure you (and any additional Buyers you are purchasing for) meet any minimum age, proficiency, shipping or other requirements which the Seller has specified in their Listing. At your sole discretion you may want to inform the Seller of any medical or physical conditions, or other circumstances that may impact your and any additional Buyer’s ability to participate in any Rating, Event or other Seller Service. In addition, certain laws, like the minimum legal drinking age in the location of the Rating, Event or other Seller Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Rating, Event or other Seller Service.

8.3.2 Before and during an Rating, Event or other Seller Service you must at all times adhere to the Sellers’ instructions.

8.3.3 You may not bring any additional individuals to an Rating, Event or other Seller Service unless such an individual was added by you as an additional Buyer during the purchasing process on the Snecm Platform.

9. Purchasing Modifications, Cancellations and Refunds, Resolution Center

9.1 Sellers and Buyers are responsible for any modifications to a purchasing that they make via the Snecm Platform or direct Snecm customer service to make ("Purchasing Modifications"), and agree to pay any additional Listing Fees, Seller Fees or Buyer Fees and/or Taxes associated with such Purchasing Modifications.

9.2 Buyers can cancel a confirmed purchasing at any time pursuant to the Listing’s cancellation policy set by the Seller, and Snecm Payments will refund the amount of the Total Fees due to the Buyer in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Seller under the applicable cancellation policy will be remitted to the Seller by Snecm Payments pursuant to the Payments Terms.

9.3 If a Seller cancels a confirmed purchasing, the Buyer will receive a full refund of the Total Fees for such purchasing. In some instances, Snecm may allow the Buyer to apply the refund to a new purchasing, in which case Snecm Payments will credit the amount against the Buyer’s subsequent purchasing at the Buyer’s direction. Further, Snecm may publish an automated review on the Listing cancelled by the Seller indicating that a purchasing was cancelled. In addition, Snecm may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled purchasing, and/or (ii) impose a cancellation fee, unless the Seller has a valid reason for cancelling the purchasing pursuant to Snecm’s Extenuating Circumstances Policy or has legitimate concerns about the Buyer’s behavior.

9.4 For Ratings, Events and other Seller Services, if weather poses a safety risk to Buyers, or if it prevents a Seller from carrying out a Seller Service that takes place primarily outdoors, Sellers may cancel the Seller Service. Sellers may also cancel the Seller Service if other conditions exist that would prevent the Seller from offering the Seller Service safely.

9.5 In certain circumstances, Snecm may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed purchasing and initiate corresponding refunds and payouts. This may be for reasons set forth in Snecm's Extenuating Circumstances Policy or (i) where Snecm believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Snecm, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.6 If a Buyer who purchases an Product suffers a Travel Issue as defined in the Buyer Refund Policy, Snecm may determine, in its sole discretion, to refund the Buyer part or all of the Total Fees in accordance with the Buyer Refund Policy. If a Buyer who purchases an Rating, Event or other Seller Service suffers a Travel Issue as defined in the Buyer Refund Policy, Snecm may determine, in its sole discretion, to refund the Buyer part or all of the Total Fees in accordance with the Ratings Buyer Refund Policy.

9.7 If a Buyer or Snecm cancels a confirmed purchasing, and the Buyer receives a refund in accordance with the Buyer Refund Policy, Buyer Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Seller and mentioned in the Listing, after the Seller has already been paid, Snecm Payments will be entitled to recover the amount of any such refund from the Seller, including by subtracting such refund amount out from any future Payouts due to the Seller.

9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Seller Services or Damage Claims related to purchasings. You agree to pay all amounts sent through the Resolution Center in connection with your Snecm Account, and Snecm Payments will handle all such payments.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a purchasing, Buyers and Sellers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Snecm. Ratings and Reviews are not verified by Snecm for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Buyers and Sellers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Snecm’s Content Policy and Extortion Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Snecm Platform (such as the Listing page) together with other relevant information such as number of purchasings, number of cancellations, average response time and other information.

11. Damage to Products & Services, Disputes between Members

11.1 As a Buyer, you are responsible for leaving the Product (including any personal or other property located at the Product) in the condition it was in when product delivered. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Product, excluding the Seller (and the individuals the Seller invites to the Product, if applicable).

11.2 If a Seller claims and provides evidence that you as a Buyer have damaged an Product or any personal or other property at an Product ("Damage Claim"), the Seller can seek payment from you through the Resolution Center. If a Seller escalates a Damage Claim to Snecm, you will be given an opportunity to respond. If you agree to pay the Seller, or Snecm determines in its sole discretion that you are responsible for the Damage Claim, Snecm via Snecm Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Snecm also reserves the right to otherwise collect payment from you and pursue any remedies available to Snecm in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Sellers under the Snecm Seller Guarantee or Japan Seller Insurance.

11.3 Members agree to cooperate with and assist Snecm in good faith, and to provide Snecm with such information and take such actions as may be reasonably requested by Snecm, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Products & Services or any personal or other property located at an Product (including, without limitation, payment requests made under the Snecm Seller Guarantee or Japan Seller Insurance), (ii) Ratings, (iii) Co-Owner agreements, or (iv) a Group Payment Purchasing. A Member shall, upon Snecm's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Snecm or a third party selected by Snecm or its insurer, with respect to losses for which a Member is requesting payment from Snecm (including but not limited to payments under the Snecm Seller Guarantee or payment under Japan Seller Insurance).

11.4 If you are a Buyer or a Co-Owner, you understand and agree that Snecm may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including an Product) of the Seller (including without limitation amounts paid by Snecm under the Snecm Seller Guarantee or amounts paid under Japan Seller Insurance). You agree to cooperate with and assist Snecm in good faith, and to provide Snecm with such information as may be reasonably requested by Snecm, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Snecm may reasonably request to assist Snecm in accomplishing the foregoing.

12. Rounding off

Snecm generally supports payment amounts that are payable from or to Buyers or Sellers to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Snecm’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Snecm may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Buyers or Sellers to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Snecm may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

13. Taxes

13.1 As a Seller you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

13.2 Tax regulations may require us to collect appropriate Tax information from Sellers, or to withhold Taxes from payouts to Sellers, or both. If a Seller fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Product is located may require Taxes to be collected from Buyers or Sellers on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Sellers, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").

13.4 In certain jurisdictions, Snecm may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Buyers or Sellers, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts Snecm or Sellers have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Snecm (via Snecm Payments) to collect Occupancy Taxes from Buyers on the Seller's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions Snecm may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Sellers, based on tax information supplied by the Seller, for ultimate reporting and remittance by such Seller to the Tax Authority (“Pass-Through Tax Feature”). Such Sellers using the Pass-Through Tax Feature will be solely responsible for informing Snecm about the correct Occupancy Tax amount to be collected from the Buyer in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Snecm does not assume any liability for the failure of a participating Seller to comply with any applicable tax reporting or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by Snecm will be visible to and separately stated to both Buyers and Sellers on their respective transaction documents. Where Snecm is facilitating Collection and Remittance, Sellers are not permitted to collect any Occupancy Taxes being collected by Snecm relating to their Products & Services in that jurisdiction.

13.5 You agree that any claim or cause of action relating to Snecm's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Snecm in connection with facilitation of Collection and Remittance, if any. Buyers and Sellers agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Snecm from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

13.6 Snecm reserves the right, with prior notice to Sellers, to cease the Collection and Remittance in any jurisdiction for any reason at which point Sellers and Buyers are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Products & Services in that jurisdiction.

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Snecm Platform. In connection with your use of the Snecm Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
  • use the Snecm Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Snecm endorsement, partnership or otherwise misleads others as to your affiliation with Snecm;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Snecm Platform in any way that is inconsistent with Snecm’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Snecm Platform in connection with the distribution of unsolicited commercial messages ("spam");
  • offer, as a Seller, any Product that you do not yourself own or have permission to make available as a residential or other property through the Snecm Platform;
  • unless Snecm explicitly permits otherwise, purchase any Listing if you will not actually be using the Seller Services yourself;
  • contact another Member for any purpose other than asking a question related to a your own purchasing, Listing, or the Member's use of the Snecm Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
  • use the Snecm Platform to request, make or accept a purchasing independent of the Snecm Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of the Snecm Platform or Snecm Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Snecm harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • misuse or abuse any Listings or services associated with the Snecm Promotion Program as determined by Snecm in its sole discretion.
  • use, display, mirror or frame the Snecm Platform or Collective Content, or any individual element within the Snecm Platform, Snecm's name, any Snecm trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Snecm Platform, without Snecm's express written consent;
  • dilute, tarnish or otherwise harm the Snecm brand in any way, including through unauthorized use of Collective Content, registering and/or using Snecm or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Snecm domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Snecm Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Snecm or any of Snecm's providers or any other third party to protect the Snecm Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Snecm Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Snecm Platform;
  • export, re-export, import, or transfer the Application except as authorized by International law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14.2 You acknowledge that Snecm has no obligation to monitor the access to or use of the Snecm Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Snecm Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Snecm in good faith, and to provide Snecm with such information and take such actions as may be reasonably requested by Snecm with respect to any investigation undertaken by Snecm or a representative of Snecm regarding the use or abuse of the Snecm Platform.

14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Snecm by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Snecm terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Snecm Account as a Seller, any confirmed purchasing(s) will be automatically cancelled and your Buyers will receive a full refund. If you cancel your Snecm Account as a Buyer, any confirmed purchasing(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

15.3 Without limiting our rights specified below, Snecm may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

15.4 Snecm may immediately, without notice, terminate this Agreement and/or stop providing access to the Snecm Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Snecm believes in good faith that such action is reasonably necessary to protect the personal safety or property of Snecm, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, Snecm may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Snecm Account registration, Listing process or thereafter, (iv) you and/or your Listings or Seller Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Snecm otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed purchasings or failed to respond to purchasing requests without a valid reason, or (vii) Snecm believes in good faith that such action is reasonably necessary to protect the personal safety or property of Snecm, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed purchasings;
  • limit your access to or use of the Snecm Platform;
  • temporarily or permanently revoke any special status associated with your Snecm Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your Snecm Account and stop providing access to the Snecm Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Snecm and an opportunity to resolve the issue to Snecm's reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Buyers in full for any and all confirmed purchasings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed purchasings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Snecm Account or any of your Member Content. If your access to or use of the Snecm Platform has been limited or your Snecm Account has been suspended or this Agreement has been terminated by us, you may not register a new Snecm Account or access and use the Snecm Platform through an Snecm Account of another Member.

15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.

16. Disclaimers

If you choose to use the Snecm Platform or Collective Content, you do so voluntarily and at your sole risk. The Snecm Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Snecm Services, laws, rules, or regulations that may be applicable to your Listings and/or Seller Services you are receiving and that you are not relying upon any statement of law or fact made by Snecm relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Ratings, Events, other Seller Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Seller Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Seller Services. You assume full responsibility for the choices you make before, during and after your participation in a Seller Service or the Group Payment Service. If you are bringing a minor as an additional Buyer, you are solely responsible for the supervision of that minor throughout the duration of your Seller Service and to the maximum extent permitted by law, you agree to release and hold harmless Snecm from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Seller Service or in any way related to your Seller Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Snecm Platform and Collective Content, your publishing or purchasing of any Listing via the Snecm Platform, your stay at any Product, participation in any Rating or Event or use of any other Seller Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither Snecm nor any other party involved in creating, producing, or delivering the Snecm Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Snecm Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Snecm Platform, or (iv) from your publishing or purchasing of a Listing, including the provision or use of a Listing’s Seller Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Snecm has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Sellers pursuant to these Terms or an approved payment request under the Snecm Seller Guarantee or Japan Seller Insurance, in no event will Snecm’s aggregate liability arising out of or in connection with these Terms and your use of the Snecm Platform including, but not limited to, from your publishing or purchasing of any Listings via the Snecm Platform, or from the use of or inability to use the Snecm Platform or Collective Content and in connection with any Product, Ratings, Event,other Seller Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for purchasings via the Snecm Platform as a Buyer in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Seller, the amounts paid by Snecm to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Snecm and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Snecm’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

18. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Snecm’s option), indemnify, and hold Snecm and its affiliates and subsidiaries, including but not limited to, Snecm Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Snecm Platform or any Snecm Services, (iii) your interaction with any Member, stay at an Product, participation in an Rating, Event or other Seller Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Snecm’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.

19. Dispute Resolution and Arbitration Agreement

19.1 This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the world; or (ii) your country of residence or establishment is not in the United States, but bring any claim against Snecm in the United States (to the extent not in conflict with Section 21).

19.2 Overview of Dispute Resolution Process. Snecm is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Snecm’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:

  • Claims can be filed with AAA online (www.adr.org);
  • Arbitrators must be neutral and no party may unilaterally select an arbitrator;
  • Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
  • Parties retain the right to seek relief in small claims court for certain claims, at their option;
  • The initial filing fee for the consumer is capped at $200;
  • The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
  • The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Snecm each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Snecm’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

19.4 Agreement to Arbitrate. You and Snecm mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Snecm Platform, the Seller Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Snecm agree that the arbitrator will decide that issue.

19.5 Exceptions to Arbitration Agreement. You and Snecm each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Snecm agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Snecm both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

19.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Snecm agree that Snecm will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Snecm agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

19.10 Jury Trial Waiver. You and Snecm acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

19.11 No Class Actions or Representative Proceedings. You and Snecm acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and Snecm both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Snecm agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Snecm changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Snecm’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Snecm (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Snecm.

19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Snecm Platform or terminate your Snecm Account.

20. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Snecm Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Snecm Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

21. Applicable Law and Jurisdiction

21.1 If your country of residence or establishment is any country, these Terms will be interpreted in accordance with the laws of international without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court internationa, unless we both agree to some other location.

21.2 If your country of residence or establishment is China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Snecm may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.

21.3 If your country of residence or establishment is outside of the United States and China, these Terms will be interpreted in accordance with International law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the International courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Snecm wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the International courts.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Snecm and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Snecm and you in relation to the access to and use of the Snecm Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and Snecm as a result of this Agreement or your use of the Snecm Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.5 Snecm’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Snecm's prior written consent. Snecm may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Snecm via email, Snecm Platform notification, or messaging service (including SMS and WeChat). If your purchasing is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Snecm’s obligations under Article 59 Paragraph 1 of the Japanese Housing Product Business Act.

22.8 If you have any questions about these Terms please email us.

Terms of Use for European Users

Please read these Terms of Use for European Users (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Snecm Platform, you agree to comply with and be bound by these Terms.

Please note: Section 19 of these Terms contains an arbitration clause and class action waiver that applies to all claims brought against Snecm in the United States. It affects how disputes with Snecm are resolved. By accepting these Terms, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

You can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Snecm is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

Last Updated: February 20th, 2020

Thank you for using Snecm!

These Terms constitute a legally binding agreement ("Agreement") between you and Snecm (as defined below) governing your access to and use of the Snecm website, including any subdomains thereof, and any other websites through which Snecm makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Snecm Services"). The Site, Application and Snecm Services together are hereinafter collectively referred to as the “Snecm Platform”. Our Seller Guarantee Terms, Buyer Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Snecm Platform are incorporated by reference into this Agreement.

When these Terms mention “Snecm,” “we,” “us,” or “our,” it refers to Snecm (“Snecm”),

If you change your country of residence or establishment to a country outside of the EEA, the Snecm company you contract with and the applicable Terms of Use will be determined by your new country of residence or establishment as specified in the Terms of Use for Non-European Users, from the date on which your country of residence or establishment changes.

Our collection and use of personal information in connection with your access to and use of the Snecm Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Snecm Platform ("Payment Services") are provided to you by one or more Snecm Payments entities (individually and collectively, as appropriate, "Snecm Payments") as set out in the Payments Terms of Use ("Payments Terms").

Sellers alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Seller Services (as defined below). For example, some cities have laws that restrict their ability to Seller paying Buyers for short periods or provide certain Seller Services. In many cities, Sellers may have to register, get a permit or obtain a license before providing certain Seller Services (such as preparing food, serving alcohol for sale, guiding tours or operating a vehicle). Seller are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Seller Services they offer. Certain types of Seller Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Seller Service(s) on Snecm, you should always seek legal guidance.

1. Scope of Snecm Services

1.1 The Snecm Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Sellers” and the services they offer are “Seller Services”) to publish such Seller Services on the Snecm Platform (“Listings”) and to communicate and transact directly with Members that are seeking to purchase such Seller Services (Members using Seller Services are “Buyers”). Seller Services may include the offering of product or other properties for use ("Products & Services"), single or multi-day activities in various categories (“Ratings”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.

1.2 As the provider of the Snecm Platform, Snecm does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Seller Services, nor is Snecm an organiser or retailer of travel packages under Directive (EU) 2015/2302. Sellers alone are responsible for their Listings and Seller Services. When Members make or accept a purchasing, they are entering into a contract directly with each other. Snecm is not and does not become a party to or other participant in any contractual relationship between Members, nor is Snecm a real estate broker or insurer. Snecm is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, Snecm has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Seller Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Snecm does not endorse any Member, Listing or Seller Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Snecm about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to stay in an Product, participate in an Rating or Event or use other Seller Services, accept a purchasing request from a Buyer, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Snecm of any Seller or Listing.

1.4 If you choose to use the Snecm Platform as a Seller or Co-Owner (as defined below), your relationship with Snecm is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Snecm for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Snecm. Snecm does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Seller Services. You acknowledge that you have complete discretion whether to list Seller Services or otherwise engage in other business or employment activities.

1.5 To promote the Snecm Platform and to increase the exposure of Listings to potential Buyers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements in accordance with Section 5. To assist Members who speak different languages, Snecm may make automated tools available to enable Members to translate Listings and other Member Content, in whole or in part, into other languages. Members are free to use these tools at their own discretion. Snecm cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations.

1.6 The Snecm Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Snecm is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Snecm of such Third-Party Services.

1.7 Snecm is not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Snecm Platform. Snecm may, temporarily and under consideration of the Members’ legitimate interests (e.g. by providing prior notice), restrict the availability of the Snecm Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Snecm Platform. Section 17 (Liability) remains unaffected. Snecm may improve, enhance and modify the Snecm Platform and introduce new Snecm Services from time to time. Snecm will provide notice to Members of any changes to the Snecm Platform, unless such changes are of minor nature without having a material effect on the parties’ contractual obligations.

2. Eligibility, Using the Snecm Platform, Member Verification

2.1 In order to access and use the Snecm Platform or register an Snecm Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are registered and able to enter into legally binding contracts.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Seller Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 Snecm may make access to and use of the Snecm Platform, or certain areas or features of the Snecm Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s purchasing and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the Snecm Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions,before you can access the relevant areas or features of the Snecm Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Snecm Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Snecm Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Use.

3. Modification of these Terms

Snecm reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Snecm Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Snecm Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("Snecm Account") to access and use certain features of the Snecm Platform, such as publishing or purchasing a Listing. If you are registering an Snecm Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an Snecm Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facepurchase or Google ("SNS Account"). You have the ability to disable the connection between your Snecm Account and your SNS Account at any time, by accessing the "Settings" section of the Snecm Platform.

4.3 You must provide accurate, current and complete information during the registration process and keep your Snecm Account and public Snecm Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Snecm Account unless Snecm authorizes you to do so. You may not assign or otherwise transfer your Snecm Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Snecm Account credentials and may not disclose your credentials to any third party. You must immediately notify Snecm if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Snecm Account. You are liable for any and all activities conducted through your Snecm Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 Snecm may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Snecm Account. For example, we may enable Members to link their Snecm Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to purchase Listings on behalf of other Members, or we may enable Sellers to add other Members as Co-Owners (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Snecm to ask for your credentials, and you shall not request the credentials of another Member.

5. Content

5.1 Snecm may enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Snecm Platform ("Member Content"); and (ii) access and view Member Content and any content that Snecm itself makes available on or through the Snecm Platform, including proprietary Snecm content and any content licensed or authorized for use by or through Snecm from a third party ("Snecm Content" and together with Member Content, "Collective Content").

5.2 The Snecm Platform, Snecm Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of international and other countries. You acknowledge and agree that the Snecm Platform and Snecm Content, including all associated intellectual property rights, are the exclusive property of Snecm and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Snecm Platform, Snecm Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Snecm used on or in connection with the Snecm Platform and Snecm Content are trademarks or registered trademarks of Snecm on the World  and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Snecm Platform, Snecm Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Snecm Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Snecm or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Snecm grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Snecm Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By uploading, posting or otherwise making available any Member Content on or through the Snecm Platform, you grant to Snecm, as you create, publish or make it available, a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to such Member Content, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Snecm Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Snecm does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 Snecm may offer Sellers the option of having professional photographers take photographs of their Seller Services, which are made available by the photographer to Sellers to include in their Listings with or without a watermark or tag bearing the words "Snecm.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Seller Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Snecm Platform if they no longer accurately represent your Listing, if you stop Sellering the Seller Service featured, or if your Snecm Account is terminated or suspended for any reason. You acknowledge that you hold no ownership right whatsoever in the intellectual property related to any Verified Images. You acknowledge and agree that Snecm shall have the right to use any Verified Images in accordance with Section 5.5 including to provide and promote the Platform. Snecm in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Snecm Platform solely for your personal and non-commercial use.

5.7 You are solely responsible for all Member Content that you make available on or through the Snecm Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Snecm Platform or you have all rights, licenses, consents and releases that are necessary to grant to Snecm the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Snecm's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Snecm’s Content Policy or any other Snecm policy. Snecm may remove or disable access to any Member Content that is in violation of applicable law, these Terms or Snecm’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Snecm, its Members, third parties, or property. Where Snecm removes or disables Member Content, Snecm will notify a Member and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (ii) contravene applicable laws. You may appeal such a decision by contacting customer service.

5.9 Snecm respects copyright law and expects its Members to do the same. If you believe that any content on the Snecm Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

6. Service Fees

6.1 Snecm may charge fees to Sellers ("Seller Fees") and/or Buyers ("Buyer Fees") (collectively, "Service Fees") in consideration for the use of the Snecm Platform. More information about when Service Fees apply and how they are calculated can be found on Snecm.com.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Seller or Buyer prior to publishing or purchasing a Listing. Snecm reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any purchasings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to Snecm. The applicable Service Fees (including any applicable Taxes) are collected by Snecm Payments. Snecm Payments will deduct any Seller Fees from the Listing Fee before remitting the payout to the Seller. Any Buyer Fees are included in the Total Fees collected by Snecm Payments. Except as otherwise provided on the Snecm Platform, Service Fees are non-refundable.

7. Terms specific for Sellers

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the Snecm Platform you must (i) provide complete and accurate information about your Seller Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as house rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Rating) and (iii) provide any other pertinent information requested by Snecm. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Buyer requests a purchasing of your Listing, you may not request that the Buyer pays a higher price than in the purchasing request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Snecm may enable certain Sellers to participate in its “Promotion Program.” The Promotion Program enables Sellers to provide Listings to certain Buyers, such as refugees or evacuees, for free. You acknowledge that if you choose to participate in the Promotion Program, your ability to restrict your Listing to certain Buyers, such as Buyers with previous positive Reviews, may be limited.

7.1.5 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Seller Services. Snecm reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.6 The placement and ranking of Listings in search results on the Snecm Platform may vary and depend on a variety of factors, such as Buyer search parameters and preferences, Seller requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Seller Service, and/or ease of purchasing. More information about the factors that determine how your Listing appears in search results can be found on our help center.

7.1.7 When you accept or have pre-approved a purchasing request by a Buyer, you are entering into a legally binding agreement with the Buyer and are required to provide your Seller Service(s) to the Buyer as described in your Listing when the purchasing request is made. You also agree to pay the applicable Seller Fee and any applicable Taxes.

7.1.8 Snecm recommends that Sellers obtain appropriate insurance for their Seller Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Buyers (and the individuals the Buyer has purchaseed for, if applicable) while staying at your Product or participating in your Rating, Event or other Seller Service.

7.2 Listing Products & Services

7.2.1 Unless expressly allowed by Snecm, you may not list more than one Product per Listing.

7.2.2 If you choose to require a security deposit for your Product, you must specify this in your Listing ("Security Deposit"). Sellers are not allowed to ask for a Security Deposit (i) after a purchasing has been confirmed or (ii) outside of the Snecm Platform.

7.2.3 Any Listing you post and the purchasing of, or a Buyer's stay at, an Product shall (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).

7.3 Listing Ratings, Events and other Seller Services

Sellers who list Ratings, Events and Seller Services other than Products & Services agree to and are subject to the Additional Terms for Rating Sellers.

7.4 Co-Owners

7.4.1 Snecm may enable Sellers to authorize other Members (“Co-Owners”) to administer the Seller’s Listing(s), and to bind the Seller and take certain actions in relation to the Listing(s) as permitted by the Seller, such as accepting purchasing requests, messaging and welcoming Buyers, and updating the Listing Fee and calendar availability (collectively, “Co-Owner Services”). Any agreement formed between Seller and Co-Owner may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Seller Service(s). Co-Owners may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Snecm. Snecm reserves the right, in our sole discretion, to limit the number of Co-Owners a Seller may invite for each Listing and to limit the number of Listings a Co-Owner may manage.

7.4.2 Sellers should exercise due diligence and care when deciding who to add as a Co-Owner to their Listing(s). Sellers are responsible and liable for any and all Listings and Member Content published on the Snecm Platform created by a Co-Owner on their behalf. Further, Sellers remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Owner(s). Co-Owners remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Owner, including, but not limited to, conduct that causes harm or damage to the Seller. In addition, both Seller and Co-Owner are jointly responsible and severally liable for third party claims, including Buyer claims, arising from the acts and omissions of the other person as related to Sellering activities, communications with Buyers, and the provision of any Co-Owner Services.

7.4.3 Unless agreed otherwise by Seller and Co-Owner, Seller and Co-Owner may terminate the Co-Owner agreement at any time. In addition, both Seller and Co-Owner acknowledge that their Co-Ownering relationship will terminate in the event that Snecm (i) terminates the Co-Owner service or (ii) terminates either party’s participation in the Co-Owner service. When the Co-Owner agreement is terminated, the Seller will remain responsible for all of the Co-Owner’s actions prior to the termination, including the responsibility to fulfill any pending or future purchasings initiated prior to the termination, except in the event of gross misconduct or malicious behavior of the Co-Owner. When a Member is removed as a Co-Owner, that Member will no longer have access to any Seller or Buyer information related to the applicable Seller’s Listing(s).

7.4.4 As a Co-Owner, you will not be reviewed by Buyers, meaning that your Co-Owner activities will not affect your Reviews or Ratings for other Listings for which you are a Seller. Instead, the Seller of such Listing(s) will be reviewed by Buyers (including potentially on the basis of the Co-Owner’s conduct and performance). Sellers acknowledge that Reviews and Ratings from Buyers for their Listing(s) may be impacted by a Co-Owner’s conduct and performance.

8. Terms specific for Buyers

8.1 Terms applicable to all purchasings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Snecm and/or the Seller, you can purchase a Listing available on the Snecm Platform by following the respective purchasing process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Buyer Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to purchasing a Listing. You agree to pay the Total Fees for any purchasing requested in connection with your Snecm Account.

8.1.2 Upon receipt of a purchasing confirmation from Snecm, a legally binding agreement is formed between you and your Seller, subject to any additional terms and conditions of the Seller that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Snecm Payments will collect the Total Fees at the time of the purchasing request or upon the Seller’s confirmation pursuant to the Payments Terms. For certain purchasings, Buyers may be required to pay or have the option to pay in multiple installments.

8.1.3 If you purchase a Seller Service on behalf of additional Buyers, you are required to ensure that every additional Buyer meets any requirements set by the Seller, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Seller. If you are purchasing for an additional Buyer who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Rating, Event or other Seller Service if accompanied by an adult who is responsible for them.

8.1.4 Snecm may enable a Buyer who is purchasing a Listing on behalf of one or more additional Buyers (the “Organizer”) to split the payment of the Total Fees for an eligible purchasing on a pro-rata basis between the Organizer and at least one other additional Buyer (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register an Snecm Account prior to making a payment. All payments via the Group Payment Service are handled by Snecm Payments and are subject to the Group Payment Terms of Use.

8.2 Purchasing Products & Services

8.2.1 You understand that a confirmed purchasing of an Product (“Product Purchasing”) is a limited license granted to you by the Seller to enter, occupy and use the Product for the duration of your stay, during which time the Seller (only where and to the extent permitted by applicable law) retains the right to re-enter the Product, in accordance with your agreement with the Seller.

8.2.2 You agree to leave the Product no later than the checkout time that the Seller specifies in the Listing or such other time as mutually agreed upon between you and the Seller. If you stay past the agreed upon checkout time without the Seller's consent (“Overstay”), you no longer have a license to stay in the Product and the Seller is entitled to make you leave in a manner consistent with applicable law.

8.3 Purchasing Ratings, Events and other Seller Services

8.3.1 You should carefully review the description of any Rating, Event or other Seller Service you intend to purchase to ensure you (and any additional Buyers you are purchasing for) meet any minimum age, proficiency, fitness or other requirements which the Seller has specified in their Listing. At your sole discretion you may want to inform the Seller of any medical or physical conditions, or other circumstances that may impact your and any additional Buyer’s ability to participate in any Rating, Event or other Seller Service. In addition, certain laws, like the minimum legal drinking age in the location of the Rating, Event or other Seller Service, may also apply.

8.3.2 Before and during an Rating, Event or other Seller Service you must at all times adhere to the Sellers’ instructions.

8.3.3 You may not bring any additional individuals to an Rating, Event or other Seller Service unless such an individual was added by you as an additional Buyer during the purchasing process on the Snecm Platform.

9. Purchasing Modifications, Cancellations and Refunds, Resolution Center

9.1 Sellers and Buyers are responsible for any modifications to a purchasing that they make via the Snecm Platform or direct Snecm customer service to make ("Purchasing Modifications"), and agree to pay any additional Listing Fees, Seller Fees or Buyer Fees and/or Taxes associated with such Purchasing Modifications.

9.2 Buyers can cancel a confirmed purchasing at any time pursuant to the Listing’s cancellation policy set by the Seller, and Snecm Payments will refund the amount of the Total Fees due to the Buyer in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Seller under the applicable cancellation policy will be remitted to the Seller by Snecm Payments pursuant to the Payments Terms.

9.3 If a Seller cancels a confirmed purchasing, the Buyer will receive a full refund of the Total Fees for such purchasing. In some instances, Snecm may allow the Buyer to apply the refund to a new purchasing, in which case Snecm Payments will credit the amount against the Buyer’s subsequent purchasing at the Buyer’s direction. Further, Snecm may publish an automated review on the Listing cancelled by the Seller indicating that a purchasing was cancelled. In addition, Snecm may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled purchasing, and/or (ii) impose a cancellation fee, unless the Seller has a valid reason for cancelling the purchasing pursuant to Snecm’s Extenuating Circumstances Policy or has legitimate concerns about the Buyer’s behavior.

9.4 For Ratings, Events and other Seller Services, if weather poses a safety risk to Buyers, or if it prevents a Seller from carrying out a Seller Service that takes place primarily outdoors, Sellers may cancel the Seller Service. Sellers may also cancel the Seller Service if other conditions exist that would prevent the Seller from offering the Seller Service safely.

9.5 In certain circumstances, Snecm may cancel a pending or confirmed purchasing on behalf of a Seller or Buyer and initiate corresponding refunds and payouts. This may be for reasons set forth in Snecm's Extenuating Circumstances Policy or for the reasons set out in Section 15 of these Terms. Where Snecm cancels a purchasing, Snecm will, notify Members and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Members or third parties, or (iii) contravene applicable laws. You may appeal a cancellation by contacting customer service.

9.6 If a Buyer who purchases an Product suffers a Travel Issue as defined in the Buyer Refund Policy, Snecm may determine to refund the Buyer part or all of the Total Fees in accordance with the Buyer Refund Policy. If a Buyer who purchases an Rating, Event or other Seller Service suffers a Travel Issue as defined in the Ratings Buyer Refund Policy, Snecm may determine, in its sole discretion, to refund the Buyer part or all of the Total Fees in accordance with the Ratings Buyer Refund Policy.

9.7 If a Buyer or Snecm cancels a confirmed purchasing, and the Buyer receives a refund in accordance with the Buyer Refund Policy, Ratings Buyer Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Seller and mentioned in the Listing, after the Seller has already been paid, Snecm Payments will be entitled to recover the amount of any such refund from the Seller, including by subtracting such refund amount out from any future Payouts due to the Seller.

9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Seller Services, Co-Owner Services or Damage Claims related to purchasings. You agree to pay all amounts sent through the Resolution Center in connection with your Snecm Account, and Snecm Payments will handle all such payments.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a purchasing, Buyers and Sellers can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Snecm. Ratings and Reviews are not verified by Snecm for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Buyers and Sellers must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Snecm’s Content Policy and Extortion Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Snecm Platform (such as the Listing page) together with other relevant information such as number of purchasings, number of cancellations, average response time and other information.

11. Damage to Products & Services, Disputes between Members

11.1 As a Buyer, you are responsible for leaving the Product (including any personal or other property located at the Product) in the condition it was in when you delivered. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Product, excluding the Seller (and the individuals the Seller invites to the Product, if applicable).

11.2 If a Seller claims and provides evidence that you as a Buyer have culpably damaged an Product or any personal or other property at an Product ("Damage Claim"), the Seller can seek payment from you through the Resolution Center. If a Seller escalates a Damage Claim to Snecm, you will be given an opportunity to respond. If you agree to pay the Seller, or Snecm determines under consideration of any applicable statutory rules on the burden of proof that you are responsible for the Damage Claim, Snecm via Snecm Payments will, after the end of your stay, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Snecm also reserves the right to otherwise collect payment from you and pursue any remedies available to Snecm in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Sellers under the Snecm Seller Guarantee. You may appeal a decision taken by Snecm on the basis of this Section 11.2 by contacting customer support. Any decisions made by Snecm in relation to a Damage Claim do not affect your contractual or statutory rights. Your right to take legal action before a court of law remains unaffected.

11.3 Members agree to cooperate with and assist Snecm in good faith, and to provide Snecm with such information and take such actions as may be reasonably requested by Snecm, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Products & Services or any personal or other property located at an Product (including, without limitation, payment requests made under the Snecm Seller Guarantee), (ii) Ratings, (iii) Co-Owner agreements, or (iv) a Group Payment Purchasing. A Member shall, upon Snecm's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Snecm or a third party selected by Snecm or its insurer, with respect to losses for which a Member is requesting payment from Snecm (including but not limited to payments under the Snecm Seller Guarantee). Members are entitled to terminate their participation in the mediation or similar resolution process at any time. A Member’s right to take legal action before a court of law remains unaffected.

12. Rounding off

Snecm generally supports payment amounts that are payable from or to Buyers or Sellers to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Snecm’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Snecm may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Buyers or Sellers to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Snecm may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

13. Taxes

13.1 As a Seller you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

13.2 Tax regulations may require us to collect appropriate Tax information from Sellers, or to withhold Taxes from payouts to Sellers, or both. If a Seller fails to provide us with the required documentation under applicable law (e.g. a tax number) to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law until resolution.

13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Product is located may require Taxes to be collected from Buyers or Sellers on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Sellers, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").

13.4 In certain jurisdictions, Snecm may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Buyers or Sellers, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts Snecm or Sellers have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Snecm (via Snecm Payments) to collect Occupancy Taxes from Buyers on the Seller's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions Snecm may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Sellers, based on tax information supplied by the Seller, for ultimate reporting and remittance by such Seller to the Tax Authority (“Pass-Through Tax Feature”). Such Sellers using the Pass-Through Tax Feature will be solely responsible for informing Snecm about the correct Occupancy Tax amount to be collected from the Buyer in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Snecm does not assume any liability for the failure of a participating Seller to comply with any applicable tax reporting or remittance obligations.The amount of Occupancy Taxes, if any, collected and remitted by Snecm will be visible to and separately stated to both Buyers and Sellers on their respective transaction documents. Where Snecm is facilitating Collection and Remittance, Sellers are not permitted to collect any Occupancy Taxes being collected by Snecm relating to their Products & Services in that jurisdiction.

13.5 Buyers and Sellers agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Snecm from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

13.6 Snecm reserves the right, with prior notice to Sellers, to cease the Collection and Remittance in any jurisdiction for any reason at which point Sellers and Buyers are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Products & Services in that jurisdiction.

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Snecm Platform. In connection with your use of the Snecm Platform, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
  • use the Snecm Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Snecm endorsement, partnership or otherwise misleads others as to your affiliation with Snecm;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Snecm Platform in any way that is inconsistent with Snecm’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
  • use the Snecm Platform in connection with the distribution of unsolicited commercial messages ("spam");
  • offer, as a Seller, any Product that you do not yourself own or have permission to make available as a residential or other property through the Snecm Platform;
  • unless Snecm explicitly permits otherwise, purchase any Listing if you will not actually be using the Seller Services yourself;
  • contact another Member for any purpose other than asking a question related to your own purchasing, Listing, or the Member's use of the Snecm Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
  • use the Snecm Platform to request, make or accept a purchasing independent of the Snecm Platform, to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Listing Fees outside of the Snecm Platform or Snecm Payments. If you do so, you: (i) accept all risks and responsibility for such payment, and (ii) hold Snecm harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • misuse or abuse any Listings or services associated with the Snecm Promotion Program;
  • use, display, mirror or frame the Snecm Platform or Collective Content, or any individual element within the Snecm Platform, Snecm's name, any Snecm trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Snecm Platform, without Snecm's express written consent;
  • dilute, tarnish or otherwise harm the Snecm brand in any way, including through unauthorized use of Collective Content, registering and/or using Snecm or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Snecm domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Snecm Platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Snecm or any of Snecm's providers or any other third party to protect the Snecm Platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Snecm Platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Snecm Platform;
  • export, re-export, import, or transfer the Application except as authorized by International law, the export control laws of your jurisdiction, and any other applicable laws; or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14.2 You acknowledge that Snecm has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to (i) operate, secure and improve the security of the Snecm Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Snecm in good faith, and to provide Snecm with such information and take such actions as may be reasonably requested by Snecm with respect to any investigation undertaken by Snecm or a representative of Snecm regarding the use or abuse of the Snecm Platform.

14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Snecm by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective until such time when you or Snecm terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Snecm Account as a Seller, any confirmed purchasing(s) will be automatically cancelled and your Buyers will receive a full refund. If you cancel your Snecm Account as a Buyer, any confirmed purchasing(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

15.3 Without limiting our rights specified below, Snecm may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

15.4 Snecm may immediately, without notice, terminate this Agreement and/or stop providing access to the Snecm Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) such action is necessary to protect the personal safety or property of Snecm, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, Snecm may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Snecm Account registration, Listing process or thereafter, (iv) you and/or your Listings or Seller Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Snecm otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed purchasings or failed to respond to purchasing requests without a valid reason, or (vii) such action is necessary to protect the personal safety or property of Snecm, its Members, or third parties, or to prevent fraud or other illegal activity:

  • refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
  • cancel any pending or confirmed purchasings;
  • limit your access to or use of the Snecm Platform;
  • temporarily or permanently revoke any special status associated with your Snecm Account;
  • temporarily or in case of severe or repeated offenses permanently suspend your Snecm Account and stop providing access to the Snecm Platform.

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Snecm and an opportunity to resolve the issue to Snecm's reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Buyers in full for any and all confirmed purchasings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed purchasings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Snecm Account or any of your Member Content. If your access to or use of the Snecm Platform has been limited or your Snecm Account has been suspended or this Agreement has been terminated by us, you may not register a new Snecm Account or access and use the Snecm Platform through an Snecm Account of another Member.

15.8 If Snecm takes any of the measures described in this Section 15 you may appeal such a decision by contacting our customer service.

16. Disclaimers

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17. Liability

Snecm is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Snecm is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of Snecm in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of Snecm is excluded.

18. Indemnification

To the maximum extent permitted by applicable law, you agree to release, defend (at Snecm’s option), indemnify, and hold Snecm and its affiliates and subsidiaries, including but not limited to, Snecm Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Snecm Platform or any Snecm Services, (iii) your interaction with any Member, stay at an Product, participation in an Rating, Event or other Seller Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section 18 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

19. Dispute Resolution and Arbitration Agreement

19.1 This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against Snecm in the United States (to the extent not in conflict with Section 21).

19.2 Overview of Dispute Resolution Process. Snecm is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Snecm’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19 and except as provided in Section 19.6). Specifically, the Consumer Arbitration Rules provide:

  • Claims can be filed with AAA online (www.adr.org);
  • Arbitrators must be neutral and no party may unilaterally select an arbitrator;
  • Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
  • Parties retain the right to seek relief in small claims court for certain claims, at their option;
  • The initial filing fee for the consumer is capped at $200;
  • The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
  • The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Snecm each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Snecm’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

19.4 Agreement to Arbitrate. You and Snecm mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the Snecm Platform, the Seller Services, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Snecm agree that the arbitrator will decide that issue.

19.5 Exceptions to Arbitration Agreement. You and Snecm each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Snecm agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in San Francisco County; (c) in any other location to which you and Snecm both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

19.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and Snecm agree that Snecm will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Snecm agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

19.10 Jury Trial Waiver. You and Snecm acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

19.11 No Class Actions or Representative Proceedings. You and Snecm acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Snecm both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 19.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and Snecm agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Snecm changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Snecm’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Snecm (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Snecm.

19.14 Survival. Except as provided in Section 19.12, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Snecm Platform or terminate your Snecm Account.

20. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Snecm Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Snecm Platform, or by other means of communication. Any Feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and non-proprietary to you.

21. Applicable Law and Jurisdiction

These Terms are governed by and construed in accordance with International law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Snecm's place of business in Ireland. If Snecm wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the International courts.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Snecm and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Snecm and you in relation to the access to and use of the Snecm Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and Snecm as a result of this Agreement or your use of the Snecm Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.5 Snecm’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Snecm's prior written consent. Snecm may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by Snecm via email, Snecm Platform notification, or messaging service (including SMS and WeChat). If your purchasing is in respect of a Listing in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Snecm’s obligations under Article 59 Paragraph 1 of the Japanese Housing Product Business Act.

22.8 If you have any questions about these Terms please email us.

 

 Terms of Use: Snecm Wallet and Snecm Coin

 

Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use. You further agree to the representations made by yourself below. If you do not agree to or fall within the Terms of Use of the Service and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.

The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you (the “User”) and Snecm.

By using the Snecm platform supplied to you by Snecm’s affiliated company/ies (the “Application”), and downloading, installing or using any associated software supplied by Snecm (“the Software”) which overall purpose is to enable persons seeking to establish an account with Snecm and use the Snecm Wallet (the “Snecm Wallet” and generally, the “Service”), you hereby expressly acknowledge and agree to be bound by these Terms of Use, and any future amendments and additions to these Terms of Use as published from time to time at https://www.Snecm.com/ or through the Application, and your continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms of Use. Notwithstanding the foregoing, Snecm will provide ten (10) business days’ notice of any changes, which Snecm in its reasonable discretion deems material, to these Terms of Use following which your continued use of the Service will be deemed to confirm your acceptance of such changes.

Consumer advisory – Snecm, the holder of Snecm Coin (SNC) (as defined below) stored value facility, does not require the approval of the Monetary Authority . Consumers (Users) are advised to read the terms and conditions (i.e. these Terms of Use) carefully.

1. Use of the Snecm Wallet

  • Type of payments that can be made with the Snecm Wallet:
    The Snecm Wallet may be used for the sale and purchase of goods and services from all users of Snecm, merchants and agents lawfully offering Snecm Wallet as a payment solution (either by way of static/dynamic QR Code payment, settlement via the Application, or online settlement), PROVIDED HOWEVER that no payments in violation of the provisions of these Terms of Use, including the Acceptable Use Policy (below) shall be permitted.
  • Applicable Fees and Charges: There shall be no charges levied by Snecm on usage of the Snecm Wallet other than as agreed with you in writing.
  • User Transaction Statement:
    A full statement of User’s transactions may be reviewed from your profile on Snecm
  • Fraudulent activity or stolen e-money:
    You agree to immediately notify Snecm by visiting our Help Centre: support@Snecm.com of any fraudulent activity or theft of funds in the Snecm Wallet of which you become aware.
  • Snecm has the right to suspend, or later reverse, the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where Snecm reasonably believes you to be in breach of the Terms of Use.
  • Unless the context dictates otherwise, references in these Terms of Use to the Snecm Wallet, shall include all such stored value facility e-wallets issued to Users by Snecm to include the Snecm Wallet Consumer Wallet, the Snecm Wallet Seller Wallet and the Snecm Wallet Merchant Wallet.

2. Use of the Service

  • Payments by the Snecm Wallet service may be made directly in the Snecm application via the addition of a credit or debit card, or via such other method of making payment to merchants as is available in the Application, or by the use of the Snecm Wallet.
  • Users may choose to add any credit or debit cards, PayNow, or such other methods of loading funds into the Snecm Wallet as are made available in the Application (each, together with those payments in the first bullet point a “Funding Source”).
  • You agree that we may verify and authorize the Funding Source details when you first register the Funding Source with us as well as when you use the Service.
  • In the case of debit or credit cards as Funding Sources, you agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order to verify your payment method via your card. The hold may appear in your statement as “pending”. The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.
  • In the event your payment through the Snecm Wallet using a debit or credit card as your Funding Source is processed overseas, you will be liable for any additional charges in relation thereto.
  • Your Snecm Wallet will hold USA Dollars together with those foreign currencies as are from time to time made available to Users.
  • In the event your payment through the Snecm Wallet is made to an overseas merchant offering goods or services in a currency other than USA Dollars (either by way of QR Code payment or online settlement):
    • Payment will first be drawn from those multi-currency pockets which match the advertised currency of settlement of the merchant for such goods or services; and
    • In the event that no such currency as matches the currency of settlement of the merchant is held by the User in their Snecm Wallet, payments will be made:
      • Where the overseas merchant is a Snecm Wallet merchant capable of accepting such payments, by way of the application of a dynamic exchange rate for payments settled directly to the overseas Snecm Wallet merchant; and
      • Where the overseas merchant is not a Snecm Wallet merchant capable of accepting such payment, by way of payment by Snecm Wallet Card in accordance with Section 21 of these Terms of Use (where such method is available).
  • When you make or receive a payment, you are liable to Snecm for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow Snecm to determine (or in the case where a debit or credit card is used as the Funding Source, to work with your debit or credit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to Snecm by debiting your Snecm Wallet.
  • Your Snecm Wallet registration also allows Users to make direct Debit Card and Credit Card payments to selected merchants.
  • You shall be responsible to resolve any disputes with your debit or credit card company, or your bank in relation to payments or top-ups of your Snecm Wallet on your own. Snecm shall not be responsible for any such lost or misdirected payments.

3. Snecm Coin (SNC)

  • You may purchase and hold credits for the Snecm Wallet (“Snecm Coin (SNC)”) via a Funding Source in USA Dollars or such other foreign currencies that are offered.
  • Other than for those Snecm Wallet Seller Wallet and Snecm Wallet Buyer Wallet Users notified in writing to the contrary, the maximum amount of Snecm Coin (SNC) that a User of the Snecm Wallet can hold at any time is $50,000 (or such equivalent aggregate amount in foreign currencies), or such lesser limit as is notified to you under the Application) and the total value of consumer payment transactions using the Snecm Wallet in a calendar year may not exceed $2,000,000 (or such equivalent aggregate amount in foreign currencies).
  • You may transfer Snecm Coin (SNC) funds between currencies pockets held in your Snecm Wallet at the applicable daily exchange rate, which rate shall be notified to you immediately prior to completing the transaction.
  • If you purchase Snecm Coin (SNC) via any Funding Source, you are deemed to have agreed to the terms of service of Snecm’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.
  • Snecm may at its sole and absolute discretion reject your request to purchase Snecm Coin (SNC) or reject a payment transaction, or refund a payment or other transaction, for any reason whatsoever, including without limitation, where your proposed Snecm Coin (SNC) purchase:
    • would cause the aggregate amount of stored value held by Snecm, directly or indirectly, alone or together with any person over whom Snecm has control or influence, to exceed any value permitted under the prevailing laws and regulations; or
    • would cause the amount of Snecm Coin (SNC) held by you (or in the case of transfers of Snecm Coin (SNC), the recipient of the transfer) to exceed the respective maximum amount for the Snecm Wallet detailed above or any other regulatory or risk limit prescribed for that Snecm Wallet.
  • All Snecm Coin (SNC) will only be valid for one (1) year from the date of your last purchase or spend, whichever the later. The expiry date set out in the Application shall serve as conclusive evidence of the expiry date of your Snecm Coin (SNC). Snecm shall have the right to deal with the expired Snecm Coin (SNC) in such manner as it deems fit in its absolute discretion including such Snecm Coin (SNC) being forfeited.
  • You will not receive interest or other earnings on your Snecm Coin (SNC). Snecm may receive interest on amounts that Snecm holds on your behalf. You agree to assign your rights to Snecm for any interest derived from your Snecm Coin (SNC).
  • You may check your Snecm Coin (SNC) balance in the Application. The Snecm Coin (SNC) balance set out in the Application shall serve as a conclusive evidence of your Snecm Coin (SNC) balance.
  • As Snecm Wallet purchases may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, Snecm reserves the right to clawback the amount (up to the disputed amount) from your Snecm Coin (SNC) or by any other way it deems fit in its sole discretion.
  • Snecm has the right to forfeit your Snecm Coin (SNC) where it reasonably believes that your use of the Service may be fraudulent, illegal or involves any criminal activity or where Snecm reasonably believes you to be in breach of the Terms of Use.

4. Withdrawal and Transfer of Snecm Coin (SNC)

  • The Snecm Coin (SNC) for the Snecm Wallet are not redeemable for cash nor are they refundable except at our absolute discretion. They cannot be resold or transferred for value. The Snecm Coin (SNC) shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • You may transfer Snecm Coin (SNC) to, and receive Snecm Coin (SNC) from, other Snecm Wallet Users. Snecm may decide to reverse or refuse transfers of Snecm Coin (SNC) at any time and at its sole discretion.
  • Subject to prior agreement with Snecm, Business Users notified in writing may accept settlement of payments by Snecm Coin (SNC) direct to their designated bank account.

5. Establishing your Identity

  • Snecm is required to comply with all applicable laws, regulations, notices and guidelines issued by the relevant government and regulatory authority, including the Payment Systems (Oversight), and Notice on Prevention of Money Laundering and Countering the Financing of Terrorism – Holders of Stored Value Facilities.
  • Pursuant to such applicable laws, regulations, notices and guidelines, Users of the Snecm Wallet may be required to provide, either via the Application, or via MyInfo, to Snecm such data to allow Snecm to establish and verify their identity (together with, in the case of corporate account, the identity of the beneficial owners, directors or individuals with executive authority, and individuals authorised to operate the account) both at the time of opening the Snecm Wallet account, at periodic intervals after opening the account, and on ongoing basis.
  • You hereby acknowledge that Snecm may collect such data on request, and use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of Snecm and the User to the applicable laws, regulations, notices and guidelines, together with sharing such data internally with its affiliates and with third-party outsourcees, as well as in relation to transfers and reporting of such data and your transactions to the MAS, and such other government or regulatory authority as Snecm may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines.
  • You agree that you will cooperate in relation to any anti-money laundering and countering terrorism financing screening that is required and to assist Snecm in complying with any applicable laws, regulations, notices and guidelines in place. Further you agree that you are not a Politically Exposed Person as such term is defined under MAS Notice PSOA-N02 / MAS Notice 3001, and in the event that you become such Politically Exposed Person you agree to inform Snecm immediately.

6. Representations and Warranties

  • By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate.
  • You agree that you shall not open more than one Snecm Wallet account.
  • Your use of the Service is for your own sole personal use. You undertake not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your User account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in all countries, state and city in which you are present while using the Service.
  • You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. Snecm is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. Snecm reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.
  • By using the Software or the Application, you agree that:
    • You will only use the Service for lawful purposes;
    • You will only use the Service for the purpose for which it is intended to be used;
    • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;
    • You will not use the Application and/or the Software to cause nuisance, annoyance, or inconvenience;
    • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;
    • You will not impair the proper operation of the network;
    • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;
    • You will not copy, or distribute the Software or other content without written permission from Snecm;
    • You will only use the Software and/or the Application for your own use and will not resell it to a third party;
    • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
    • You will provide Snecm with proof of identity as it may reasonably request or require;
    • You acknowledge and agree that only one (1) Snecm Wallet account can be registered on one mobile phone or other electronic device operating the Application;
    • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that Snecm may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Snecm has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
    • You will only use an access point or device which you are authorized to use to access the Snecm Wallet;
    • You shall not employ any means to defraud Snecm or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by Snecm to encourage new subscription or usage of the Service by new or existing customers;
    • You agree that the Service is provided on a reasonable effort basis; and
    • You agree to abide by the terms of the Snecm Wallet Acceptable Use Policy (below) in relation to your use of the Service.

7. Acceptable Use Policy

  • You agree to assume full responsibility and liability for all loss or damage suffered by yourself, Snecm or any third party as a result of any breach of the Terms of Use.
  • You agree not to use the Service in such a manner that you violate any law, statute, ordinance or regulation.
  • Save as permitted by Snecm but subject always to applicable laws and regulations, you agree not to perform transactions using the Snecm Wallet involving:
    • Adult media depicting or related to illegal activity such as child pornography, rape, incest, etc.
    • Airlines of all kind including but not limited to regular commercial airlines, low-cost carriers, charter and flight tour operators, private jets and helicopter taxi.
    • Alcoholic products and beverages.
    • Any goods or services promoting hate, violence, harm or intolerance in any form.
    • Any goods or services subject to UN Security Council’s sanctions.
    • Automotive sales (new and used motor vehicles of any kind).
    • certain credit repair, debt settlement services, credit transactions or insurance activities;
    • Branded, trademarked or copyrighted goods of any kind unless the seller is the intellectual property / copyright holder or licensee.
    • Circumvention services, devices or software used to circumvent the law or remove copyright protections.
    • Computer technical support and IT help desks.
    • Crowd sourcing and crowd financing businesses, lending clubs, offering equity or rewards of any kind.
    • Cryptocurrency, Bitcoin, online currency, gaming coins, online gold and similar virtual assets.
    • Deceptive business practices such as Ponzi / pyramid schemes, multi-level marketing, guaranteed results, investment or trading courses and services.
    • Essay mills, paper mills and homework services.
    • Event organizers, sale/resale of tickets, event planning and related services.
    • File sharing and related services.
    • Financial services of any kind, such as lending, micro lending, investment schemes, escrow, collection agencies, bail bond services, debt collectors, credit aggregation, consolidation services, credit card protection and similar services.
    • Flammable, explosive, pyrotechnic, toxic and hazardous materials including but not limited to fireworks, explosives, radioactive materials and substances, gunpowder.
    • Foreign government entities including but not limited to embassies and consulates.
    • Fortune tellers, astrology, card reading, tarot, hypnosis and similar services.
    • gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes;
    • Government, law enforcement and military issued items including but not limited to uniforms, badges, decorations, unless historical and/or clearly not genuine or official (e.g. toys).
    • Healthcare, pharmaceuticals, supplements, nutritional products of any kind, medical supplies of any kind.
    • Hotels and accommodation services of any kind (such as hostels, apartments, serviced apartments, motels, resorts, villas).
    • Human parts of any kind, including but not limited to organs, body parts, human remains, body fluids, stem cells, embryos.
    • Illegal drugs, tobacco or health products. Substances designed to mimic the effects thereof. Related accessories and products used to create or consume them such as bongs, hookahs and similar devices.
    • Items that encourage, promote, facilitate or instruct others to engage in illegal activity;
    • Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the international laws or any jurisdiction;
    • Jewelry, gems, stones and precious metals.
    • Legal and tax consultancy, bankruptcy and any similar services.
    • Money service businesses such as remittance, transfer, money orders, prepaid gift cards, stored value facilities, quasi-cash, foreign exchange of currencies and similar services (other than in relation to the IRB Services detailed in section 20 below).
    • Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;
    • No-value-added services of any kind, including but not limited to resale of government offerings without authorization or added value, services that are unfair, deceptive, or predatory towards consumers.
    • Offering or receiving payments for the purpose of bribery or corruption; or
    • Oil and gas, petroleum and derived products.
    • Political, religious, spiritual, charitable and non-profit organizations of any kind.
    • Prepaid phone cards, phone services, and cell phones.
    • Private medical practices and e-doctors.
    • Products of wildlife trafficking, illegal hunting and poaching of endangered species such as marine mammals, shark fins, rhino horns, ivory, deer musk, bear bile, tiger penis, and any similar products.
    • Property sharing, timeshares, house-swapping, sub-letting, bed & breakfast and similar businesses.
    • Sale of animals or pets of any kind.
    • Sale of social media activity, click farms including but not limited to sale of Facebook likes, Twitter followers, YouTube views.
    • Sexually oriented materials or services.
    • Spas, relaxation and massage services.
    • Stolen goods including unlawfully acquired or copied digital and virtual goods.
    • Subscriptions, memberships, free trials and any similar business models where a purchase is conditioned by a subscription.
    • The personal information of third parties in violation  law.
    • The sale of travelers’ cheques or money orders.
    • The sales of products or services identified by national government agencies to have a high likelihood of being fraudulent or to be being transacted by the User in violation  law.
    • Tobacco products, cigarettes, cigars, electronic cigarettes and related products (such as spare parts and recharges).
    • Unlicensed travel agents.
    • Weapons of any kind including firearms, ammunition, knives, nunchakus and related products, parts or accessories thereof. Weapons or knives regulated under international law. Toys, gift and replicas of any kind resembling closely any of such items.

8. Taxes

  • You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.
  • You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend Snecm to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.
  • You agree that details of your Snecm Wallet account and all transactions thereunder may be provided on request to any tax authorities either in all countries where the purpose of such request is the lawful payment of tax obligations and/or the identification of assets for taxation.

9. License Grant & Restrictions

  • Snecm is a licensee of Snecm in relation to the Application.
  • Snecm, its affiliates and its licensors including Snecm., where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by Snecm and its licensors.
  • You hereby agree that you shall not:
    • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;
    • modify or make derivative works based on the Application and/or the Software;
    • create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;
    • reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software;
    • launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software;
    • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
    • post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or
    • remove any copyright, trademark or other proprietary rights notices contained in the Service.
  • You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to:
    • send spam or otherwise duplicative or unsolicited messages;
    • send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
    • send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
    • interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;
    • attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks;
    • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or
    • engage in any conduct that could possibly damage Snecm’s reputation or amount to being disreputable.

10. Intellectual Property Ownership

  • Snecm and its affiliates, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
  • These Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by Snecm and/or its licensors.
  • Snecm’s name, Snecm’s logo, the Service, the Software and/or the Application and the third-party merchants or users of Snecm’ logos and the product names associated with the Software and/or the Application are trademarks of Snecm and/or its affiliates or third parties, and no right or license is granted to use them.
  • For the avoidance of doubt, the term the “Software” and the “Application” herein shall include its respective components, processes and design in its entirety.

11. Data Privacy & Personal Data Protection Policy

  • You agree and consent to Snecm collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder.
  • For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to Snecm by any means and/or any information about you that has been or may be collected, stored, used and processed by Snecm.
  • The provision of your Personal Data is voluntary. However, if you do not provide Snecm your Personal Data, your request for the Application may be incomplete and Snecm will not be able to process your Personal Data for the Purposes outlined below and may cause Snecm to be unable to allow you to use the Service.
  • Snecm may collect, use, disclose and process your Personal Data for business and activities of Snecm which shall include, without limitation the following (the “Purposes”):
    • to perform Snecm’s obligations in respect of any contract entered with you;
    • to provide you with any services pursuant to the Terms of Use herein;
    • process, manage or verify your application for the Service pursuant to the Terms of Use herein;
    • to validate and/or process payments pursuant to the Terms of Use herein;
    • to process any refunds, rebates and or charges pursuant to the Terms of Use herein;
    • to facilitate or enable any checks as may be required pursuant to the Terms of Use herein;
    • to develop, enhance and provide what is required pursuant to the Terms of Use herein to meet your needs;
    • for internal administrative purposes, such as auditing, data analysis, database records;
    • for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in all countries);
    • for Snecm to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in all countries including disclosing such Personal Data to all countries law enforcement agencies or courts);
    • to respond to questions, comments and feedback from you;
    • in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data,

provided that in the event your data is shared with an external third party, such third party shall be contractually obliged to provide no less protection for that data than Snecm.

  • In addition to the above, Snecm may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
    • to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
    • to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from Snecm, its partners, advertisers and or sponsors;
    • to notify and invite you to events or activities organized by Snecm, its partners, advertisers, and or sponsors; and/or
    • to share your Personal Data amongst the companies within Snecm’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with Snecm’s and Group’s agents, third party providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.
  • If you do not consent to Snecm processing your Personal Data for any of the Marketing Purposes, or if any of the Personal Data that you have provided to us changes, for example, if you change your e- mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications, please notify Snecm through the HelpCenter: support@Snecm.com
  • Snecm will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.
  • Snecm reserves the right to transfer your Personal Data to its affiliates and outsourcees (whether in all countries) for the purpose of the use of such data in the operations of the Snecm Wallet stored value facility that are provided to Snecm by such affiliates or outsourcees.
  • Snecm is committed to full compliance with the provisions of the Personal Data Protection Act 2012 and has appointed a Personal Data Protection Officer for these purposes. Such officer may be communicated with in writing at the above email address.

12. Third Party Interactions

  • During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application.
  • Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.
  • Snecm and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.
  • Snecm does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall Snecm, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third-party providers.
  • Snecm provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third-party merchants or users of Snecm, goods and/or services may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and Snecm is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers.

13. Indemnification

  • By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold Snecm, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
    • your use of the Service, the Software and/or the Application in your dealings with the third-party merchants, users of Snecm, third party providers, partners, advertisers and/or sponsors;
    • your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein;
    • your violation of any rights of any third party;
    • your misuse of the Service, the Software and/or the Application.

14. Limitation of Liability

  • Snecm makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Service, the Application and/or the Software.
  • Snecm does not represent or warrant that:
    • The use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
    • The Service and/or Rewards will meet your requirements or expectations;
    • Any stored data will be accurate or reliable;
    • The quality of any products, services, information, rewards or another material purchased or obtained by you through the Application will meet your requirements or expectations;
    • Errors or defects in the Application and/or the Software will be corrected; or
    • The Application or the Server that make the application available are free of viruses or other harmful components.
  • The Service and Rewards (as defined below) are provided to you strictly on an “as is” basis.
  • All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under international law.
  • The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other Snecm Wallet Users being faulty, not connected, out of range of mobile signals or functioning incorrectly. Snecm is not responsible for any delays, delivery failures, damages or losses resulting from such problems.
  • To the fullest extent permitted by law, Snecm shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Service, the Application and/or the Software.

15. Termination

  • Either Snecm or you may terminate this Agreement on one month’s notice in writing to the other.
  • You hereby agree that this Agreement shall terminate immediately in the event that you are:
    • declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration; or
    • found in default of your debt obligations to a licensed bank by a international court;
    • deceased.
  • In the event of any of the above, Snecm reserves the right to deal with any such trustee, executive or representative of the international courts as in its sole discretion is considers appropriate in relation to the administration of any outstanding balance of Credits in the Snecm Wallet.
  • You hereby agree that Snecm is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.
  • Any outstanding amounts in the Snecm Wallet will be paid to you by Snecm.

16. Complaints about use of the Service

  • Users are invited to contact Snecm in the first instance in the event they wish to make a complaint about the use of the Service either via the following Customer Service line: Tel: +65 6655 0005 or via our Help Centre support@Snecm.com
  • You agree to raise any complaints and disputes about incorrect Service within one month of the transaction for payment of goods and services or within seven days of the person to person transfer of Snecm Coin (SNC), or of you becoming aware of the fraudulent usage of the Snecm Wallet, whichever is earlier.

17. Notices

  • Snecm may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of Snecm, or by written communication sent by registered mail or pre-paid post to your address in the record of Snecm. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email).
  • You may give notice to Snecm (such notice shall be deemed given when received by Snecm) by letter sent by courier or registered mail to Snecm using the contact details as provided in the Application.

18. Assignment

  • This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of Snecm but may be assigned without your consent by Snecm.
  • Any purported assignment by you in violation of this section shall be void.

19. General

  • This Agreement shall be governed by international law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the International Arbitration Centre, in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be international, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
  • No joint venture, partnership, employment, or agency relationship exists between you, Snecm or any third-party provider as a result of the Terms of Use or use of the Service.
  • If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
  • The failure of Snecm to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Snecm in writing.
  • The Terms of Use comprises the entire agreement between you and Snecm and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.

20. International Remittance Business

  • Users of the Snecm Wallet who have completed the appropriate identity checks under Section 5 are entitled to use Snecm’s international remittance business services (“IRB Services”) pursuant to which Users may transfer Snecm Coin (SNC) to Snecm e-Wallets held by overseas users in other countries where Snecm’s affiliates offer such service, or to banking partners and licensed Remittance Agents in the country of receipt (each, an “IRB Transaction”).
  • Use of the IRB Services shall incur those charges for IRB Transactions detailed in the Application.
  • Use of the IRB Services shall be subject to the maximum IRB Transaction amounts notified to Users in the Application, charges and commission together with the applicable exchange rate as notified to the User at the time of making, or attempting to make, the IRB Transaction, provided however, that no IRB Transaction will be allowed which, together with the application of the charges and commission, would cause the User to hold a negative balance in their Snecm Wallet, nor that would cause the recipient to breach the terms of their respective Snecm Wallet in the country of receipt.
  • Snecm shall not be liable for errors made by the User in entering the recipient identification information into the Application for the purposes of identifying the recipient of the Transaction.
  • Snecm reserves the right to decline IRB Services, or to stipulate limits on the use of IRB Services, to any User.
  • Snecm provides a full guarantee of the safe receipt of funds for all IRB Services involving the transmission of Snecm Coin (SNC) to Snecm e-Wallets overseas, or a full refund to the sending User of the amount remitted.
  • Queries in relation to the use of the IRB Services may be made in accordance with Section 16.

21. Snecm Wallet Card

  • Users of the Snecm Wallet who have completed the appropriate identity checks under Section 5 are entitled to register for a prepaid Mastercard linked to their Snecm Wallet (“Snecm Wallet Card”), via the Application. Snecm is licensed by Payment Gateway to issue the Snecm Wallet Card, allowing Users to make transactions using their Snecm Wallet balance online.
  • The use of the Snecm Wallet Card and Snecm Wallet Card Services shall be in accordance with these Terms of Use. Snecm reserves the right to enhance, modify or cancel any features and benefits of the Snecm Wallet Card without prior notice.
  • You may apply for the virtual and/or physical Snecm Wallet Card via the Application. You may be required to produce appropriate photo identification documents for the registration and Snecm may request any additional information where necessary. Snecm may at its sole and absolute discretion accept or reject any registration for the Snecm Wallet Card. The fees, exchange rates, charges, commissions, or such other costs applicable for the registration of the Snecm Wallet Card and use of the Snecm Wallet Card Services, are published in the Help Centre; in the event of any changes, we will also endeavour to notify you via the Help Centre, an in-app notification or email as soon as possible (usually with at least 48 hours notice) before the change becomes effective, or otherwise in accordance with Section 17.
  • In addition to the virtual Snecm Wallet Card provided within the Application, you may order a physical Snecm Wallet Card which will be delivered to you by post. Upon receipt of the physical Snecm Wallet Card, you are required to activate it in the Application without delay and to sign the signature panel where applicable. If your physical Snecm Wallet Card is damaged or defaced, you may apply for a replacement or new Snecm Wallet Card subject to payment of the applicable fee.
  • The Snecm Wallet Card issued shall be valid for the period stipulated on the face of your Snecm Wallet Card, which may be subject to automatic renewal, reissuance, suspension, termination or reactivation by Snecm with applicable charges or waivers thereof. Termination of the Snecm Wallet account will automatically terminate the Snecm Wallet Card. During the validity period, you may at any time deactivate, suspend or terminate your Snecm Wallet Card via the Application or by email support@Snecm.com.
  • The Snecm Wallet Card issued to you shall be set in the default currency of your Snecm Wallet where you have applied for your Snecm Wallet Card (“Home Currency”). In addition to USD Dollars, the Snecm Wallet Card may be enabled with a foreign currency feature whereby your Snecm Wallet Card may be linked with a multi-currency purse which enables you to hold foreign currencies to other currencies (“Foreign Currency”) within your Snecm Wallet (“Multi-currency Purse”). Exchange rates shall apply on such conversions of balance to a Foreign Currency. Snecm may introduce new or vary existing Foreign Currency from time to time as notified to you via the Application.
  • The Snecm Wallet Card may be used for transactions at MasterCard’s merchants or retail Coin worldwide in both USA Dollars and Foreign Currency auto-deducted from the available balance in your Snecm Wallet, or Multi-currency Purse. Any Snecm Wallet Card transaction made in the USA Dollars shall be settled in USD Dollars. Any Snecm Wallet Card transaction made in a Foreign Currency, whether locally or overseas, shall be processed and settled in such Foreign Currency where there is such available balance within the Multi-currency Purse. In the event of insufficient balance in the relevant Foreign Currency within the Multi-currency Purse, the outstanding amount shall then be settled in USA Dollars at a dynamic exchange rate prescribed by Snecm.
  • The maximum balance and spend limit of the Snecm Wallet Card shall be in accordance with the maximum amount of Snecm Coin (SNC) that a User of the Snecm Wallet can hold at any time and in USD Dollars. You may further set limits on your transactions via the Application.
  • The Snecm Wallet Card may not be added as a funding source to any other Snecm Wallet whether in all countries.
  • No Snecm Wallet Card transaction which would cause the Users to hold zero or a negative balance in their Snecm Wallet. If there are insufficient funds held in both USA Dollars and/or Foreign Currency within the Multi-currency Purse, Overseas Snecm Wallet(s) and/or Snecm Wallet to pay for a transaction, the Snecm Wallet Card transaction will be declined. You are solely responsible for determining the balance held in USA Dollars and Foreign Currency, and for ensuring you have sufficient funds for all Snecm Wallet Card transactions.
  • Subject to the provisions set by Snecm and the relevant regulators in accordance with Section 4, the physical Snecm Wallet Card may be enabled with Payout function used for Paypal/Payoneer account. Applicable withdrawal charges may apply.
  • The Snecm Wallet Card shall be enabled with a security system by Snecm and the Mastercard including 3DS, dynamic CVV capability, and Chip & PIN requirements. You shall be solely responsible to ensure safeguard, security, and shall not allow unauthorised persons to use your Snecm Wallet Card. Snecm reserves the right to block or restrict any transactions that is deemed high risk or suspicious and the right to suspend or terminate the Snecm Wallet Card.

22. Snecm Loyalty Programme

  • By using the Application, you will automatically be a member of the loyalty programme named “Snecm Loyalty Programme” operated by Snecm and/or its Affiliates (“Snecm Loyalty Programme”, or as the context requires, the “Programme”).
  • Upon a successful registration for a Snecm account, all Snecm Users shall automatically be accorded with “Snecm Member” status and may commence accumulating Snecm Coin (“Coin”) from qualifying transactions under the Programme. The Snecm Loyalty Programme membership is non-transferable and shall be for personal use of the Snecm User only.
  • As a member of the Snecm Loyalty Programme, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by Snecm and/or third-party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”). Snecm may, at its sole and absolute discretion, award you Coin which can be used to redeem for Rewards upon the completion of the qualifying transactions. You may earn Coin by such methods as are provided for by Snecm from time to time.
  • Snecm may, at its sole and absolute discretion, increase or decrease the rate of Coin to be awarded for each selected transaction as may be notified to you from time to time. You shall not be entitled to request from Snecm any explanation pertaining to the calculation methods (for crediting the Coin) or other matters relating to the Coin or discounts for whatsoever purposes.
  • Coin accumulated by the Member shall expire in the event the Member does not earn any Coin within the timeframe stipulated for your country. The timeframe may differ in different geographical locations. In such an event, the accumulated Coin shall be automatically forfeited at the absolute discretion of Snecm and without notice to the Member. Forfeited Coin cannot be reinstated.
  • You must use your Snecm Coin to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Coin. Snecm shall have the right to deal with the expired Coin in such manner as it deems fit in its absolute discretion. You agree that you will have no claim whatsoever against Snecm for any expired Coin.
  • Partnership Programmes: Snecm may periodically offer conversion of Coin to the Coin systems of partner rewards programmes, subject to the following:
    • Upon completion of the Coin conversion transaction under such conversion, reversal of the conversion of Coin is not possible.
    • Snecm accepts no responsibility for errors in the crediting of Coin subject to such conversions, other than in relation to errors resulting from its own negligence.
  • The conversion of Coin from the Snecm Loyalty Programme to Coin under partner programme(s) is subjected to the partner’s terms and conditions. Once converted into partner programme Coin, the converted Coin are also subject to the partner’s terms and conditions
  • Coin have no cash or monetary value and are not redeemable for cash in any form. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Coin shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • If you comply with all these Terms of Use and have the required number of Coin, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward that is an e-voucher is subject to the additional terms and conditions of Snecm or the third-party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  • You must use your e-vouchers redeemed during their applicable validity period. There shall be no extension of time for the validity period of any e-voucher redemption dates. You agree that you will have no claim whatsoever against Snecm for any expired e-vouchers.
  • Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  • Coin that you have successfully redeemed for a Reward cannot be exchangeable for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  • Snecm may at its sole and absolute discretion and without prior notice to you, reject your request to redeem Coin for any reason whatsoever, including without limitation, where
    • There are insufficient Coin to redeem for the particular Reward;
    • The Reward is no longer made available or out-of-stock by the third party merchant
    • The Coin you wish to use for redemption of Rewards have been issued to you in error; or
    • Snecm reasonably believes that that redemption transaction may be suspicious, illegal, involves any criminal activity or involves Coin that have been obtained through dishonest or fraudulent means or abusive behaviour
  • You may check your Coin balance and redemptions made in the Application. Your Coin balance and redemptions as set out in the Application shall serve as a conclusive evidence of the same.
  • The Snecm Loyalty Programme offers four (4) membership tiers as follows:
    • an entry membership tier known as “Member”;
    • a basic membership tier known as “Silver”;
    • a mid-level membership tier known as “Gold”; and
    • a premier membership tier known as “Platinum”.
  • Certain Coin earnt under the Snecm Loyalty Programme shall be designated as “Qualifying Coin”. Such Qualifying Coin shall exclude Coin issued by designated marketing campaigns, refunds, appeasements and such other events to be determined by Snecm in its sole discretion.
  • Qualifying Snecm Coin between 1 January to 30 June in a calendar year shall qualify you for the applicable membership tier from 1 July to 31 December of that calendar year.
  • Qualifying Snecm Coin between 1 July to 31 December in a calendar year shall qualify you for the applicable membership tier from 1 January to 30 June of the next calendar year.
  • Upon expiration of your membership tenure in a particular tier and if you have not earned sufficient Qualifying Coin to be retained in that tier, you shall be downgraded to the next relevant membership tier.
  • The benefits and privileges of each membership tier shall be as set out from time to time in the Application.
  • If you do not wish to be a member of the Snecm Loyalty Programme, you may do so by opting out though the Application.
  • Upon your cessation to be a member of the Snecm Loyalty Programme, all then outstanding Coin at such point of time shall be automatically cancelled. Coin should be redeemed before ceasing membership as once cancelled, Coin cannot be redeemed. No accumulation or carry over of Coin will be permitted even if you subsequently reinstate your membership.
  • Snecm reserves the right to hold the issuance of Snecm Coin until the transactions, including payment, are completed. Snecm Coin from purchases from Partners will only be issued if the good(s) and services(s) purchased are not returned, cancelled or refunded.
  • Fraud, abuse of redemptions or any dishonest activities related to the Snecm Loyalty Programme may result in the forfeiture of accumulated Coin as well as, demotion of your membership tier, cancellation of your membership in the Snecm Loyalty Programme or termination of your account.
  • To the extent as permitted by applicable laws, Snecm reserves the right at any time to:
    • – vary, modify or amend the terms and conditions of the Snecm Loyalty Programme (including adding or deleting any terms);
    • – terminate or modify the Snecm Loyalty Programme;
    • – revoke, adjust and/or recalculate any Coin awarded;
    • – change the number of Coin required for redemption of specific Rewards or substitute any Reward with another of a similar value;
    • – change the number of Coin that can be earned on spendings on qualifying Selling services;
    • – modify the qualifications and eligibility for earning Coin;
    • – modify the activities that earn Coin;
    • – modify the methods used to calculate the number of Coin to be awarded;
    • – withhold or cease the awarding of Coin to you;
    • – modify the qualifying Coin or other criteria for membership tier upgrades and renewals; and
    • – change or withdraw any benefits related to a particular membership tier; and/or
    • – change the duration taken for Coin to expire.

without prior notice to you and at its sole discretion.

  • Snecm may suspend the calculation and accrual of Coin to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
  • You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Coin to you, your redemption of Coin and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.

Terms of Use: Payout

Last modified: 21 January 2020

Important – please read these terms carefully. These terms apply to both Users (as defined below) who have opted to use the Payout Services (as defined below) and Third Party Providers (as defined below) who are offering Payout or Payout Online payment methods.

By using the Payout Services, you (either as User or Third Party Provider, where applicable) agree that you have read, understood, accepted and agreed with the terms of use as stated herein (collectively, the “Payout Terms” or the “Agreement”). The Payout Terms stated herein constitute a legal agreement between you and Snecm. Snecm is a technology company that facilitates participating Third Party Providers and Users in their respective provision and use of the Payout Services.

By using the Snecm platform supplied to you by Snecm (the “Application”) or any other relevant platform (collectively, the “Snecm Platform”), and downloading, installing or using any associated software supplied by Snecm (“the Software”) for the purpose of offering or using the Payout payment method or Payout Online payment method (the “Payout payment method” or “Payout Online payment method” and generally, the “Payout Services”), you hereby expressly acknowledge and agree to be bound by these Payout Terms, and any future amendments and additions to these Payout Terms as published from time to time at https://www.Snecm.com/sg/ or through the Snecm Platform.

Your continued use of the Payout Services, whether or not reviewed by you, shall constitute your consent to and acceptance of the Payout Terms. You further agree to the representations made by yourself below. If you do not agree to these Payout Terms and wish to discontinue using the Payout Services, please do not continue your use of the Payout Services.

For the purpose of these Payout Terms, wherever the context so requires:
(a) “User” shall mean any natural or legal person who is a user of the Payout Services and has agreed to the Payout Terms herein;
(b) “Third Party Provider” means an independent third party who provides goods and/or services to Users via the Payout payment method or Payout Online payment method, as the case may be, and who has entered into a receivables purchase agreement and/or any other relevant documentation (the “Receivables Purchase Agreement”) with an assignee, where it has been agreed between Third Party Provider and such assignee that Third Party Provider will receive payment in exchange for Third Party Provider’s assignment of the receivables. Third Party Providers include but are not limited to drivers, delivery partners and third party merchants.

Consumer advisory – the Payout Services do not constitute a loan, credit card or charge card facility provided to you by Snecm and/or its affiliates.

1. Use of Payout 

1.1 If you are a Third Party Provider, you shall, pursuant to the Receivables Purchase Agreement, offer Payout as a payment method in respect of any payment transaction between you and the User in respect of the goods and/or services you provide. In this respect, you agree:
(a) to grant the User deferred payment terms such that the User shall only be obliged to pay you, on an interest-free basis, the payment in respect of the payment transaction (including tips, where applicable) by the date falling on the 15th day of the subsequent month after the month of the payment transaction (the “Payout Payment Deadline”);
(b) to sell and assign all payments due to you for your provision of goods and/or services to the User, including tips (where applicable) pursuant to the Receivables Purchase Agreement, agreed between you and such party pursuant to which you will receive payment in exchange for your assignment of the receivables;
(c) that you acknowledge and confirm that Snecm’s affiliate, Snecm Network (S) Pte Ltd and/or any other affiliate as Snecm may approve, shall administer and act as your collection agent to pay to you the total amount due to you in accordance with the Receivables Purchase Agreement and as your disbursement agent to disburse any amount owed by you in accordance with the Receivables Purchase Agreement to the User or assignee of the receivables; and
(d) that Snecm may facilitate any such payment to you by the User whether through the Snecm Platform or otherwise (including by way of provision of the User’s name and contact information to you).

1.2 If you are a User, you may, where available, select the Payout payment method within the Snecm Platform in respect of any payment transaction concluded in the Snecm Platform between you and any Third Party Provider.

1.3 If you are a User, you agree that Snecm reserves the right to impose such limits, restrictions and/or further conditions to your access to and use of the Payout payment method. In the event that you choose to pay for your goods and/or services on a deferred basis via Payout:
(a) the Third Party Provider will grant to you deferred payment terms such that you shall only be obliged to pay the Third Party Provider, on an interest free basis the payment in respect of the payment transaction (including tips, where applicable) by the Payout Payment Deadline;
(b) you agree that the Third Party Provider may sell and assign such receivables due from you to an assignee. You will be notified upon such assignment whereupon you shall be required to pay such assignee the receivables under the same payment terms made available to you by the Third Party Provider under Payout Services;
(c) you agree that Snecm may provide your personal information, including but not limited to your name and contact information, to the Third Party Provider or its respective assignee to facilitate payment by you to the Third Party Provider or its assignee; and
(d) you agree that if you fail to make eventual payment under the Payout payment method (whether to the Third Party Provider or its assignee) by the Payout Payment Deadline, the Third Party Provider or its assignee and/or any person acting on their behalf (including Snecm) may take such steps as are necessary to enforce payment by you.

1.4 Snecm reserves the right to suspend, or later reverse, the processing of any payment transaction where it reasonably believes that the payment transaction may be fraudulent, illegal or involves any criminal activity or where Snecm reasonably believes you, either as User or Third Party Provider, to be in breach of these Payout Terms. In such event, you agree that you shall not hold Snecm liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.

2. Use of Payout Online 

2.1 If you are a Third Party Provider, you shall, pursuant to the Receivables Purchase Agreement, offer Payout as a payment method in respect of any payment transaction between you and the User in respect of the goods and/or services you provide. In this respect, you agree:
(a) to grant the User deferred payment terms such that the User shall only be obliged to pay you, on an interest-free basis, the payment in respect of the payment transaction (including tips, where applicable) by the date falling on the 7th day of the subsequent month after the month of the payment transaction (the “Payout Online Payment Deadline(s)”);
(b) to sell and assign all payments due to you for your provision of goods and/or services to the User, including tips (where applicable) pursuant to the Receivables Purchase Agreement, agreed between you and such party pursuant to which you will receive payment in exchange for your assignment of the receivables;
(c) that you acknowledge and confirm that Snecm’s affiliate, Snecm Network (S) Pte Ltd and/or any other affiliate as Snecm may approve, shall administer and act as your collection agent to pay to you the total amount due to you in accordance with the Receivables Purchase Agreement and as your disbursement agent to disburse any amount owed by you in accordance with the Receivables Purchase Agreement to the User or assignee of the receivables; and
(d) that Snecm and/or its affiliates may facilitate any such payment to you by the User whether through the Snecm Platform or otherwise (including by way of provision of the User’s name and contact information to you).

2.2 If you are a User, you may, where available, select the Payout Online payment method within the Snecm Platform in respect of any payment transaction concluded in the Snecm Platform between you and any Third Party Provider.

2.3 If you are a User, you agree that Snecm reserves the right to impose such limits, restrictions and/or further conditions to your access to and use of the Payout Online payment method. In the event that you choose to pay for your goods and/or services on a deferred basis via Payout Online:
(a) the Third Party Provider will grant to you deferred payment terms such that you shall only be obliged to pay the Third Party Provider, on an interest-free basis the payment in respect of a payment transaction (including tips, where applicable) by the Payout Online Payment Deadline(s);
(b) you agree that the Third Party Provider may sell and assign such receivables due from you to an assignee. You will be notified upon such assignment whereupon you shall be required to pay such assignee the receivables under the same payment terms made available to you by the Third Party Provider under Payout Online;
(c) you agree that Snecm may provide your personal information, including but not limited to your name and contact information, to the Third Party Provider or its respective assignee to facilitate payment by you to the Third Party Provider or its assignee; and
(d) you agree that if you fail to make eventual payment under the Payout Online payment method (whether to the Third Party Provider or its assignee) by the Payout Online Payment Deadline(s), the Third Party Provider or its assignee and/or any person acting on their behalf (including Snecm) may take such steps as are necessary to enforce payment by you.

2.4 Snecm reserves the right to suspend, or later reverse, the processing of any payment transaction where it reasonably believes that the payment transaction may be fraudulent, illegal or involves any criminal activity or where Snecm reasonably believes you, either as User or Third Party Provider, to be in breach of these Payout Terms. In such event, you agree that you shall not hold Snecm liable for any withholding of, delay in, suspension of or cancellation of, any payment to or by you.

3. Repayment Process for the Payout Services

3.1 Snecm, on behalf of the Third Party Provider and/or its assignee, shall issue to the User an aggregated repayment statement or bill before each Payout Payment Deadline or Payout Online Payment Deadline(s) (the “Payout Bill(s)”).

3.2 The main mode of repayment for the Payout Bill(s) and/or any related fees shall be via Snecm Coin (SNC) (as defined in the Snecm Wallet Terms of Use). Users may choose to add any credit cards or such other methods of making payment into the Snecm Wallet as are made available in the Snecm Platform (each a “Funding Source”) to purchase Snecm Coin (SNC) to make repayments towards the Payout Bill(s) and/or any related fees. The terms set out in the Snecm Wallet Terms of Use shall apply.

3.3 Users may choose any other mode of payment made available to them by Snecm on the Snecm Platform to make repayments towards the Payout Bill(s) and/or any related fees.

3.4 There shall be no charges levied by the Third Party Provider or Snecm on the usage of the Payout Services other than as agreed with the User in writing.

3.5 Auto-Deduction and Auto-Top Up features:
(a) Auto-Deduction: If the User has sufficient Snecm Coin (SNC) in his Snecm Wallet on the Payout Payment Deadline or Payout Online Payment Deadline(s), User may elect to enable Snecm’s affiliate, Snecm Network (S) Pte Ltd to make an automatic deduction of all monies owed to the Third Party Provider or it’s assignee and/or any person acting on their behalf (including Snecm) under the Payout Bill(s) from the Users’ Snecm Coin (SNC) on the Payout Payment Deadline or Payout Online Payment Deadline(s), without further consent from the Users. If the Users’ Snecm Coin (SNC) are insufficient for the purposes of discharging the Payout Bill(s) by the Payout Payment Deadline or Payout Online Payment Deadline(s), User may elect to enable Snecm’s affiliate, Snecm Network (S) Pte Ltd to make automatic deductions of any monies owing under the Payout Bills(s) from the Snecm Coin (SNC), where available, after the Payout Payment Deadline or Payout Online Payment Deadline(s).
(b) Auto Top-Up, Auto-Deduct feature: Where available, Users may elect to enable Snecm’s affiliate, Snecm Network (S) Pte Ltd to automatically purchase sufficient Snecm Coin (SNC) on behalf of the User from the Users’ preferred Funding Sources for the sole purposes of making full repayments of any Payout Bill(s) by the Payout Payment Deadline or Payout Online Payment Deadline(s).

3.6 As agreed in these Payout Terms, if full repayment is not made (whether directly by the User or via the Auto-Deduct feature) for the Payout Bill(s) (whether to the Third Party Provider or its assignee) by the Payout Payment Deadline or Payout Online Payment Deadline(s), the Third Party Provider or its assignee and/or any person acting on their behalf (including Snecm) may take such steps as are necessary to enforce payment by the User, including the suspension of the User’s access to and use of the Snecm Platform and/or the Payout Services and/or the Payout or Payout Online payment method within the Snecm Platform. Snecm will levy an administrative fee of SGD 10 in the event of suspension.

3.7 Refunds on goods and/or services after User has paid Payout Bill: In the event where you, as a User, is due a full or partial refund for the goods and/or services purchased from a Third Party Provider using the Payout Services, but has made payment of the Payout Bill for which such good and/or service falls under, you hereby acknowledge and agree that:
(a) such Third Party Provider may pay Snecm’s affiliate, Snecm Network (S) Pte Ltd and/or any other affiliate as Snecm may approve, acting in its capacity as a disbursement agent of the Third Party Provider, such refund amount due to you; and
(b) Snecm’s affiliate, Snecm Network (S) Pte Ltd and/or any other affiliate as Snecm may approve will hold such refund amount on your behalf which is to be applied in respect of your future transactions made using the Payout Services. If you wish to discontinue your use of the Payout Services by terminating this Agreement, such refund amount will be returned to you by a payment method of your choice.

4. Representations, Warranties and Undertakings

4.1 By using the Payout Services, you expressly represent, warrant and undertake that:
(a) you are legally entitled to accept and agree to these Payout Terms;
(b) all the information which you provide shall be true and accurate;
(c) when using the Payout Services, you shall comply with all applicable laws whether in all countries, state and city in which you are present while using the Payout Services;
(d) you may only access the Payout Services using authorized means. It is your responsibility to check and ensure that you are utilizing the correct Payout Services;
(e) you will only use the Payout Services for lawful purposes;
(f) you will only use the Payout Services for the purpose for which it is intended to be used;
(g) you will not use the Snecm Platform or the Payout Services for sending or storing any unlawful material or for fraudulent purposes;
(h) you will not use the Snecm Platform and/or the Payout Services to cause nuisance, annoyance, or inconvenience;
(i) you will not try to harm the Payout Services and/or the Snecm Platform in any way whatsoever;
(j) you agree to notify Snecm immediately of any unauthorized use of your Payout account or any other breach of security;
(k) you will provide Snecm with proof of identity as it may reasonably request or require;
(l) you agree to provide accurate, current and complete information as required for the Payout Services and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that Snecm may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, Snecm has the right but not the obligation to terminate this Agreement and your use of the Payout Services at any time with or without notice;
(m) you shall not employ any means to defraud Snecm or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by Snecm to encourage new subscription or usage of the Payout Services by new or existing customers;
(n) you agree that the Payout Services are provided on a reasonable effort basis;
(o) you agree that your use of the Payout Services will be subject to Snecm’s Privacy Policy; and
(p) you agree to assume full responsibility and liability for all loss or damage suffered by yourself, Snecm or any other party as a result of your breach of this Agreement.

4.2 If you are a Third Party Provider, you further represent, warrant and undertake that:
(a) if applicable, you have all the appropriate licenses, approvals and authority to provide the goods and/or services to the Users in which you are offering Payout as a payment method in accordance with these Payout Terms;
(b) you shall be solely responsible for any and all claims, judgments and liabilities resulting from any loss or damage which is due to or is alleged to be a result of the goods and/or services provided by you;
(c) you shall obey all laws related to the operation of your business and/or sale of your goods and/or services and will be solely responsible for any violations of such laws;
(d) you shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Snecm Platform, or any other customer of Snecm, including without limitation any user account not owned by you, to its source, or exploit the Snecm Platform, or any service or information made available or offered by or through the Snecm Platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Snecm Platform;
(e) if you are required to and do sign up for an account on behalf of your employer, your employer shall be the owner of the account, and you represent and warrant that you have the authority to bind your employer to the Agreement; and
(f) you are strictly forbidden to use the Payout Services for other purposes such as but not limited to data mining of Snecm’s information or information related to the Snecm Platform and/or the Payout Services. A breach hereof constitutes a grave offence and may be treated as industrial espionage or sabotage, and Snecm reserves the right to take such action as may be appropriate or permitted under the law against you, and/or any person, whether natural or artificial, directing or instructing you, in the event you use the Payout payment method other than for the purpose for which it is intended to be used.

4.3 If you are a User, you further represent, warrant and undertake that:
(a) your use of the Payout Services is for your own sole, personal use or, where permitted, for the use of another person who is at least twelve (12) years old (“Unaccompanied Minor”), in which case you shall assume primary responsibility of the Unaccompanied Minor; and
(b) you shall not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your Payout account or Payout Bill(s) to any other person or entity.

5. Taxes

5.1 You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in
force and in connection with any future taxes that may be introduced at any point of time.

5.2 You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend Snecm to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Payout Services under this Agreement.

6. Data Privacy & Personal Data Protection Policy

6.1 You agree and consent to Snecm collecting, using, disclosing and processing your Personal Data for the Purposes and in the manner as identified hereunder.

6.2 For the purposes of this Agreement, “Personal Data” means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, birth certificate number, passport number, nationality, address, telephone number, credit or debit card details, race, gender, date of birth, email address, any information about you which you have provided to Snecm by any means and/or any information about you that has been or may be collected, stored, used and processed by Snecm.

6.3 The provision of your Personal Data is voluntary. However, if you do not provide Snecm your Personal Data, your application/request to use the Payout Services may be incomplete and Snecm will not be able to process your Personal Data for the Purposes outlined below and may cause Snecm to be unable to allow you to use the Payout Services.

6.4 Snecm may collect, use, disclose and process your Personal Data for business and activities of Snecm which shall include, without limitation the following (the “Purposes”):
(a) to perform Snecm’s obligations in respect of any contract entered with you;
(b) to provide you with any services pursuant to the Payout Terms herein;
(c) process, manage or verify your application for the Payout Services pursuant to the Payout Terms herein;
(d) to validate and/or process payments pursuant to the Payout Terms herein;
(e) to process any refunds, rebates and or charges pursuant to the Payout Terms herein;
(f) to facilitate or enable any checks as may be required pursuant to the Payout Terms herein;
(g) to develop, enhance and provide what is required pursuant to the Payout Terms herein to meet your needs;
(h) for internal administrative purposes, such as auditing, data analysis, database records;
(i) for purposes of detection, prevention and prosecution of crime including in relation to its obligations under any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in all countries);
(j) for Snecm to comply with its obligations any applicable laws, regulations, guidelines or notices issued by any government or regulatory authority (whether in all countries including disclosing such Personal Data to all countries law enforcement agencies or courts);
(k) to respond to questions, comments and feedback from you;
(l) in accordance with any applicable laws permitting the use, collection, disclosure and processing of Personal Data,
provided that in the event your data is shared with third parties including but not limited to Snecm’s affiliate companies, such third party shall be contractually obliged to provide no less protection for that data than Snecm.

6.5 In addition to the above, Snecm may wish to communicate with you either by email, telephone or text message in relation to the following matters (the “Marketing Purposes”):
(a) to process your participation in any events, promotions, activities, focus groups, research studies, contests, promotions, polls, surveys or any productions and to communicate with you regarding your attendance thereto;
(b) to send you alerts, newsletters, updates, mailers, promotional materials, special privileges, festive greetings from Snecm and/or its affiliate companies, its partners, advertisers and or sponsors;
(c) to notify and invite you to events or activities organized by Snecm and/or its affiliate companies, its partners, advertisers, and or sponsors; and/or
(d) to share your Personal Data amongst the companies within Snecm’s group of companies comprising the subsidiaries, associate companies and or jointly controlled entities of the holding company of the group (the “Group”) and with Snecm’s and Group’s agents, Third Party Providers, developers, advertisers, partners, event companies or sponsors who may communicate with you for any reasons whatsoever.

6.6 If you do not consent to Snecm processing your Personal Data for any of the Marketing Purposes, or if any of the Personal Data that you have provided to us changes, for example, if you change your e-mail address, telephone number, payment details or if you wish to cancel your account or withdraw your permission to receive communications, please notify Snecm through the HelpCenter or if there are any queries about your personal data, please contact our Data Privacy Officer at: Snecm Data Protection Officer Email: support@Snecm.com.

6.7 Snecm will, to the best of its abilities, effect such changes as requested within fourteen (14) working days of receipt of such notice of change.

6.8 Snecm is committed to full compliance with the provisions of the Personal Data Protection Act 2012 and has appointed a Personal Data Protection Officer for these purposes. Such officer may be communicated with in writing at the above email address.

7. Third Party Interactions

7.1 During use of the Payout Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of Third Party Providers, advertisers or sponsors showing their goods and/or services through the Payout Services and/or the Snecm Platform.

7.2 Save as set out in these Payout Terms or any other agreement pursuant to the Payout Services, any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable Third Party Provider.

7.3 Save as set out in these Payout Terms or any other agreement pursuant to the Payout Services, Snecm and/or its affiliate companies and their licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such Third Party Provider.

7.4 Snecm provides the Payout Services to you pursuant to the Payout Terms. You recognize, however, that certain Third Party Providers may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and save as set out in these Payout Terms or any other agreement pursuant to the Payout Services, Snecm is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and such Third Party Providers.

8. Indemnification

By agreeing to the Payout Terms upon using the Payout Services, you agree that you shall defend, indemnify and hold Snecm, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
(a) your use of the Payout Services and/or the Snecm Platform in your dealings with Third Party Providers and other third-party merchants, users of Snecm, partners, advertisers and/or sponsors, where applicable;
(b) your violation or breach of any of the Payout Terms or any applicable law or regulation, whether or not referenced herein;
(c) your violation of any rights of any third party; and
(d) your misuse of the Payout Services and/or the Snecm Platform.

9. Limitation of Liability

9.1 Snecm makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Payout Services and/or the Snecm Platform.

9.2 Snecm does not represent or warrant that:
(a) The use of the Payout Services and/or the Snecm Platform will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
(b) The Payout Services will meet your requirements or expectations;
(c) Any stored data will be accurate or reliable;
(d) The quality of any products, services, information, rewards or another material purchased or obtained by you through the Payout Services will meet your requirements or expectations; or
(e) Errors or defects in the Payout Services will be corrected.

9.3 The Payout Services are provided to you strictly on an “as is” basis.

9.4 All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under international law.

9.5 The Payout Services and/or the Snecm Platform may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other Users being faulty, not connected, out of range of mobile signals or functioning incorrectly. Snecm is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

9.6 To the fullest extent permitted by law, Snecm shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Payout Services and/or the Snecm Platform.

10. Termination

10.1 Subject to Clause 3.7, 10.5 and 10.6, either Snecm or you may terminate this Agreement on one month’s notice in writing and you will be disabled from further use of Payout Services at the end of the one month notice period.

10.2 You hereby agree that this Agreement shall terminate immediately in the event that you are:
(a) declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration;
(b) found in default of your debt obligations to a licensed bank by a international court;
(c) deceased; or
(d) found to be in breach of any of the terms stipulated in this Agreement.

10.3 In the event of any of the above, Snecm reserves the right to deal with any such trustee, executive or representative of the international courts as in its sole discretion is considers appropriate in relation to the administration of any outstanding repayments towards the Payout Bill(s).

10.4 You hereby agree that Snecm is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.

10.5 As a User, you acknowledge and agree that while Snecm may disable your further use of Payout Services, you will not be able to terminate this Agreement if there are any amounts or payments outstanding due to a Third Party Provider and/or its assignee.

10.6 As a Third Party Provider, you acknowledge and agree that while Snecm may disable your further use of Payout Services, you will not be able to terminate this Agreement if there are any amounts or payments outstanding due to a User, your assignee or Snecm’s affiliate, Snecm Network (S) Pte Ltd and/or any other affiliate as Snecm may approve, acting in its capacity of the assignee’s collection agent.

11. Complaints about use of the Service

11.1 Users are invited to contact Snecm in the first instance in the event they wish to make a complaint about the use of the Payout Services either via the following Customer Service: support@snecm.com or via our Help Centre: https://Snecm.com

11.2 You agree to raise any complaints and disputes about incorrect Payout Services within one month of the transaction for payment of goods and services or within seven days of the payment of the Payout Bill(s).

12. Notices

12.1 Snecm may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of Snecm, or by written communication sent by registered mail or pre-paid post to your address in the record of Snecm. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email).

12.2 You may give notice to Snecm (such notice shall be deemed given when received by Snecm) by letter sent by courier or registered mail to Snecm using the contact details as provided in the Application.

13. Assignment

13.1 This Agreement as constituted by the Payout Terms as modified from time to time may not be assigned by you without the prior written approval of Snecm but may be assigned without your consent by Snecm.

13.2 Any purported assignment by you in violation of this section shall be void.

14. General

14.1 This Agreement shall be governed by international law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Payout Terms or the Payout Services shall be referred to the International Arbitration Centre, in accordance with the Rules as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

14.2 No joint venture, partnership, employment, or agency relationship exists between you, Snecm or any Third Party Provider as a result of these Payout Terms or use of the Payout Services.

14.3 If any provision of the Payout Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.
14.4 The failure of Snecm to enforce any right or provision in the Payout Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Snecm in writing.

 

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