2. Acceptance of Terms of Use

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2.1  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE AND SERVICES OFFERED BY ACCOMY. IMPORTANT TERMS OF USE, DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITIES AND INDEMNIFICATION OBLIGATIONS ARE SET FORTH BELOW. Your use of the Site in any manner indicates an acceptance of these Terms.​

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2.2.  Use of the Site is governed by all applicable laws and regulations and by these Terms. These Terms forms a legally binding agreement. Any breach of any of the terms contained in these Terms may result, without notice or delay, in temporary suspension of a Member, User or Administrator, temporary or indefinite suspension of a Member’s, User’s or Administrator’s account privileges, termination of a Member’s Member Account, denial of access to the Site by Member or any of Member’s Administrators or Users, technical and legal actions to keep a Member and its Users and Administrators off the Site, refusal to provide services to a Member and its Users and Administrators, and may result in severe civil and criminal penalties. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE EXIT AND DO NOT USE THE SITE.

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2.3.  Unless a clause of these Terms specifies otherwise, all terms of these Terms apply to all Members, Administrators, and Users of the Site.

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2.4.  ACCESS TO THE SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, OR SERVICES PROVIDED THROUGH THE SITE (OR PORTIONS THEREOF), ARE NOT INTENDED, AND ARE PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

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3. Acceptance of Policies

By agreeing to these Terms, you also agree to and must abide by all of Accomy’s policies as stated in these Terms and in the policy documents listed below (if applicable to your activities on or use of the Site), which are all incorporated herein by reference.

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4. Changes to Terms and Policies

4.1.  Accomy reserves the right to make any changes, at any time, to these Terms and all policies referenced herein. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Accomy from time to time. The changes and additional terms and conditions are incorporated into these Terms by this reference, and, unless otherwise provided herein or in the applicable policy, they will be effective as of the date we post the revised version on the Site.

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4.2.  Your use of the Site or services following any such changes or additions constitutes your acceptance of the revised Terms of Use and/or policies. Thus, it is important that you review these Terms and our policies regularly.

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5. Member Requirements

5.1.  In order to utilize Accomy’s services provided on the Site, you must sign up to Accomy with your email address. By signing up to Accomy and creating your Member Account you agree to be bound by these Terms. All Administrators and Users who are granted access to the Member Account hereby agree to be bound by these Terms.

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5.2.  Membership commences upon clicking on “sign up” or similar button and/or by submitting your email address and confirming that you have access to the email account. Accomy reserves the right, in its sole discretion, to reject any application to become a Member. Below are additional terms related to Member, Administrator, and User eligibility and requirements. You are fully responsible for all bookings that are made on your account. It is very important not to share your Member login information with any unauthorized Administrator or User or leave your account logged in & unmonitored. Any unauthorized sharing of Member login information with any unauthorized person may result, without notice or delay, in temporary suspension of a Member, User or Administrator, temporary or indefinite suspension of a Member’s, User’s or Administrator’s account privileges, termination of a Member’s Member Account, denial of access to the Site by Member or any of Member’s Administrators or Users, technical and legal actions to keep a Member and its Users and Administrators off the Site, refusal to provide services to a Member and its Users and Administrators, and may result in severe civil and criminal penalties.

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5.3.  Members may also be entitled to create a Personal Account, which is a separate account from a Member Account and which is used to purchase Confirmed Bookings for personal travel, not for travel related to a Corporate Customer account.

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5.4.  AGE
Only individuals who are 18 years and older and who can form legally binding contracts under applicable law may become a Member, Administrator, or User and provide to Accomy any Personal Information (defined below). If you open a Member Account, or you are an Administrator, or a User, or provide to Accomy any Personal Information, you represent and warrant that you are at least 18 years old and are legally able to form binding contracts. Accomy may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity, and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

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5.5.  USERNAME & PASSWORD
When you open a Member Account, you must provide a username and password. Keep your username and password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain your username and password confidential. You agree to immediately notify Accomy of any unauthorized use of your username and/or password or any breach of security. You also agree that Accomy cannot and will not be liable for any loss or
damage arising from your failure to keep your username and/or password secure. You agree not to provide your username and password information in combination to any other party other than Accomy, unless Accomy provides prior written permission. Any unauthorized sharing of Member, User or Administrator login information with any unauthorized person may result, without notice or delay, in temporary suspension of a Member, User or Administrator, temporary or indefinite suspension of a Member’s, User’s or Administrator’s account privileges, termination of a Member’s Member Account, denial of access to the Site by Member or any of Member’s Administrators or Users, technical and legal actions to keep a Member and its Users and Administrators off the Site, refusal to provide services to a Member and its Users and Administrators, and may result in severe civil and criminal penalties.

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5.6.  MEMBER ACCOUNT INFORMATION
You must keep your Member Account information up-to-date and accurate at all times, including a valid email address. Each Member is responsible for regularly checking their Member Account and must notify Accomy of any omissions, incorrect entries or other discrepancies as soon as discovered, or if concerning a Confirmed Booking, within 48 hours of such applicable Confirmed Booking.

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5.7.  MEMBER ACCOUNT TRANSFER
You may not transfer or sell your Member Account to another party without Accomy’s prior written consent. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to these Terms.

YOU ACKNOWLEDGE THAT ANY UNAUTHORIZED TRANSFER OR SHARING OF YOUR MEMBER ACCOUNT OR OF ANY CONTENT OF THE SITE MAY CAUSE IRREPARABLE HARM TO ACCOMY. AS SUCH, ACCOMY RESERVES THE RIGHT TO HOLD ANY MEMBER, USER OR ADMINISTRATOR WHO TRANSFERS, SHARES OR OTHERWISE ALLOWS ACCESS TO A MEMBER ACCOUNT OR ANY CONTENT OF THE SITE (INCLUDING NAMES OF SUPPLIERS AND TRAVEL PRODUCT PRICING) TO ANY UNAUTHORIZED USER, WITHOUT THE WRITTEN CONSENT OF ACCOMY, CIVILLY AND/OR CRIMINALLY RESPONSIBLE AND ACCOMY WILL PURSUE ALL REMEDIES AFFORDED AT LAW, INCLUDING, BUT NOT LIMITED TO INJUNCTIVE RELIEF AND MONETARY DAMAGES. Additionally, Accomy may, without notice or delay, temporarily suspend a Member, User or Administrator, temporarily or indefinitely suspend a Member’s, User’s or Administrator’s account privileges, terminate a Member’s Member Account, deny access to the Site by Member or any of Member’s Administrators or Users, take technical and legal actions to keep a Member and its Users and Administrators off the Site, and refuse to provide services to a Member and its Users and Administrators.

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5.8.  EMAIL COMMUNICATIONS
By creating your Member Account, you hereby authorize Accomy to periodically communicate with you via the email address that you provide to Accomy when you set up your Member Account in accordance with our Privacy Policy.

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5.9.  ADMINISTRATIVE ACCESS
You acknowledge that as a Member, you may have one or more Administrators who have administrative access to your Member Account. Administrative access allows such Administrator(s) to add new Users, set up departments, supply or update a Corporate Travel Policy, view invoices and review travel report data.

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6. Bookings​

6.1.  When making a booking for any Travel Product through the Site, that booking is made directly with the Supplier(s) named on the booking page. The Site only acts as a facilitator of such bookings. We do not provide, own or control any of the Travel Products that you can access through the Site and we have no obligation to provide or operate the Travel Products. The Travel Products are owned, controlled or made available by the Suppliers either directly or as an agent. The Suppliers are responsible for their respective Travel Products. Your interaction with any Supplier through the Site is at your own risk. Accomy does not bear any responsibility should anything go wrong during your travel or your use of the Travel Product.

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6.2.  A credit card, debit card, digital wallet or such other payment method as we may from time to time accept (“Payment Instrument”) will be required in order to make a booking for a Travel Product through the Site.

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6.3.  When you submit a booking through the Site, you make an offer to book the specified Travel Product(s) subject to these Terms (“Booking Request”). The Travel Product shall be supplied by the Supplier to you and the terms and conditions applicable to that Travel Product shall be between you and the Supplier and shall be a separate binding contract pursuant to these Terms between you and the relevant Supplier once accepted by such Supplier, communicated to Accomy & subsequently communicated to you via a confirmation email from Accomy (“Confirmed Booking”). You acknowledge that any acknowledgement confirmation shown after the submission of your Booking Request does not indicate a Confirmed Booking and only indicates that your Booking Request has been received by Accomy for processing.

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6.4.  In some cases, we may provide you with a confirmation number in the confirmation email (“Booking Confirmation Number”). Depending on the policy of the Supplier, the confirmation may also contain a voucher for redemption (“Booking Voucher”). Neither we nor the Supplier will be responsible for Booking Confirmation Numbers or Booking Vouchers that are lost, stolen or destroyed.

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6.5.  The relevant Supplier(s) may impose additional terms and conditions, rules and restrictions (“Supplier Terms and Conditions”) that will be applicable to your Confirmed Booking, including in relation to changes, cancellations and refunds. You may be provided with the name of each Supplier and in some cases, the applicable Supplier Terms and Conditions or a link to their Supplier Terms and Conditions, during the booking process. As the Supplier Terms and Conditions applicable for each Travel Product may vary, you should ensure that you fully understand and accept all of the applicable Supplier Terms and Conditions before completing your booking. If you are booking on behalf of other persons, you are required to ensure that they are aware of and agree to the applicable Supplier Terms and Conditions. If you fail to comply with the Supplier Terms and Conditions, the Supplier has a right to refuse or cancel your booking without offering any refunds. For enquiries about the Supplier’s products and services or its Supplier Terms and Conditions, please contact the Supplier directly.

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6.6.  Except where prohibited by local law, Accomy has the right to reject any Booking Request, and cancel any Confirmed Booking, including on behalf of the Supplier, or any part thereof, without reason. If you have already made payment, we shall refund you the amounts paid in respect of such rejected or cancelled parts in accordance with these Terms, unless:

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6.6.1.  you are in breach of these Terms or any applicable law;

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6.6..2.  the Supplier Terms and Conditions do not allow for refunds; or

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6.6.3.  Accomy deems in its sole discretion that you are not entitled to a refund due to reasons including but not limited to suspected fraud or abuse.

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7. Fees and Taxes

7.1.  The Site allows you to make bookings with Suppliers around the world. Due to our international user base and the global nature of our listings, certain options may be available to you to choose the currency displayed to you on the Site and to choose for the currency in which you are charged for a booking.

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7.2.  When browsing Travel Products on the Site, the display price is generally exclusive of taxes and service fees unless otherwise expressly stated.

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7.3.  In connection with facilitating your booking, the charge to your Payment Instrument may include an amount for charges, taxes and fees unless indicated otherwise, which may include bank and credit card fees and charges where this is available or known to us. The charge for taxes and fees varies based on a number of factors including, without limitation, the amount Accomy pays the Supplier and the location and type of the Supplier and/or Travel Product and may include a fee that Accomy retains.

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7.4.  In relation to the booking of Travel Products, you acknowledge that rates displayed on the Site are a combination of the pre-negotiated rates for Travel Products reserved on your behalf and taxes and fees retained by Accomy for its services in connection with the handling of Confirmed Bookings. Except where expressly prohibited by law, any such taxes and fees payable to Accomy are non-refundable. Further the taxes and fees include an estimated amount to recover the amount Accomy pays on your behalf to the relevant Supplier(s) in connection with your booking for taxes owed by the respective Supplier(s), or Accomy as the case may be, in respect of their service to you, including, without limitation, sales and use tax, hotel occupancy tax, tourist taxes, room tax, departure, airport use, terminal, aviation security, aviation insurance and fuel surcharges and taxes, sales tax, service tax, excise tax, value added tax, goods and services tax, consumption tax and/or other similar taxes.

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7.5.  Generally, Accomy does not collect and remit the taxes to the applicable tax authorities. The Supplier(s) bill all applicable taxes to Accomy and/or a third party, and Accomy and/or a third party remit such taxes directly to the Suppliers. Taxability and the appropriate tax rate vary greatly by location. The actual tax cost paid to the Suppliers may vary from the tax recovery charge, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Travel Products by Members. Service fees retained by Accomy for its services therefore vary based on the amount and type of Confirmed Booking, and any charge for taxes and applicable fees may be retained by Accomy as part of the compensation: (a) in relation to any Flight component of your booking, as our handling fee for the services provided by Accomy to you in respect of such Flight(s); (b) in relation to any Hotel(s) (as applicable depending on the jurisdiction), as our fee for the services provided by Accomy to you in respect of such Hotel(s).

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7.6.  In relation to the booking of Hotels, you agree that the Supplier(s) may also impose additional services or charges including but not limited to (a) deposits which may be required to be paid by the guest to the Supplier upon check-in; and (b) hotel incidental charges charged by the hotel including but not limited to in-room dining charges, damage charges, parking fees, in-room entertainment and phone charges which may be required to be paid by the guest upon check-out. You agree that Accomy shall not be responsible or liable for such additional fees and charges, which shall be settled individually by the guests.

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7.7.  You are fully responsible for all taxes, charges, fees, duties and assessments arising out of the use of the Site. While we aim to provide customers with the total price of each booking on the Site, there is a chance that a government-imposed tax may be added or increased after the booking is purchased. If this occurs, by accepting these Terms, you agree to pay the new or higher government-imposed tax, where not prohibited by law.

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8. Payments

8.1.  Before you submit your Booking Request, you will be notified of the payment methods that are acceptable for that Booking Request. While most bookings are payable in full upon submission of your Booking Request (“Pay Now”), we may in some cases offer you the option of paying Accomy at a later date (“Stay Now, Pay Later”). Accomy reserves the right to revise all existing or include new alternative payment options applicable to you.

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8.2.  You authorize Accomy or another Accomy Group entity to charge or debit your Payment Instrument for the full booking amount once you have submitted your Booking Request. Upon receipt of your payments by Accomy for Confirmed Bookings, your obligation to the Supplier for that amount is extinguished.

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8.3.  We reserve the right to cancel your booking, including on behalf of the Supplier, if applicable, if the full payment for your booking is not received in a timely fashion, including but not limited to where your Payment Instrument cannot be charged on the intended charge date for whatever reason.

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8.4.  We reserve the right to cancel your booking, including on behalf of the Supplier, if applicable, if the full payment for your booking is not received in a timely fashion, including but not limited to where your Payment Instrument cannot be charged on the intended charge date for whatever reason.

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8.5.  For a variety of reasons, payment on our Site may fail. In such cases, Accomy will use all reasonable efforts to offer you alternatives (where available) to ensure your booking can go ahead.

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9. Hotel Cancellation and Changes

9.1.  To the extent that your Confirmed Booking includes any Hotel(s), you acknowledge that you may cancel or change your Confirmed Booking unless otherwise stated in the Supplier Terms and Conditions. Some cancellations, room-night reductions, or other changes to Confirmed Bookings may result in a service fee charged per room, per night service fee. In addition, if you cancel or change your Confirmed Booking after the cancellation policy period applicable to the Hotel you reserved or after the applicable period provided in the Supplier Terms and Conditions, the Supplier(s) may charge you one-night’s room rate, tax recovery charges, service fees or greater penalties based on the Supplier Terms and Conditions. You acknowledge that refunds may or may not be made for no-shows or early checkouts. You agree to pay any cancellation or change fee that you incur and agree that Accomy is not responsible for any additional cancellation or change fee charged to you by Supplier.

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8.2.  You agree and acknowledge that refunds will occur only after the respective Supplier or Hotel has refunded Accomy. In the event the Supplier or Hotel, does not refund Accomy, the Member or applicable User will not receive a refund. All refunds are subject to the Accomy’s cancellation policy. All disputes regarding Hotel cancellations must be received within 48 hours of the cancellation. Any such dispute not received within 48 hours of cancellation will be deemed to be accepted by Member or applicable User. If the Hotel provides a partial refund, Accomy will pass along to Member all refunds minus cancellation and termination fees associated with the change to the Hotel reservation.

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10. Flight Rescheduling and Changes

10.1.  To the extent that your Confirmed Booking includes any Flight(s), you acknowledge that the Supplier and/or relevant airline or airlines may reschedule or cancel such Flights in accordance with the Supplier Terms and Conditions. Accomy is not responsible for changes to the scheduled operation of the Flights, including delayed or cancelled Flights, and any failure by the Supplier to provide you with notice of changes to the Flights.

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10.2.  If you wish to modify or cancel any Flight component of your Confirmed Booking, you acknowledge that Accomy may impose an additional charges per person for each modification, except where prohibited by local law, and this is in addition to any applicable charges by Suppliers and airlines. While these charges are additional, they are part of the compensation for our Services for Flights bookings.

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11. Fares with Multiple Airlines

11.1.  We may offer fares that are a combination of one-way and/or return Flight segments that could involve different airlines. In processing your combined Flight booking, it is possible that certain Flight segments will be confirmed and other Flight segments for the same journey cannot be booked (or may be cancelled or significantly changed after booking). You acknowledge that each Flight segment in a combined journey is a separate flight booking. You will not be allowed to modify or cancel the confirmed Flight segments for free, even if other Flight segments for the same journey are not successfully booked.

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11.2.  All Flight bookings are subject to terms and conditions that may vary based on the travel origin/destination, including policies on Flight booking changes and fees, cancellations, and refunds for individual or combined Flights/segments. Changes to one Flight may not automatically be applied to the other Flight segments, which may need to be changed individually. This may result in separate fees and charges to change each segment, including the fees payable to Accomy. You may require evidence of a return or onward travel for international flights. If the bookings of all Flight segments will be confirmed, you will receive a single booking confirmation for the whole journey. The fee Accomy retains as part of the compensation for its Services and to cover the costs of booking or facilitating your reservation, is calculated based on the whole journey at the time of booking.

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12. Airline and Ticket Conditions

12.1.  Without prejudice to the generality of clause 6.5 above, you agree to be bound by the terms and conditions of carriage of the airline(s) issuing the tickets for any Flight component of your Confirmed Booking. Such terms and conditions may include restrictions in relation to payment, refunds, cancellation, reservation modification, scheduled times and dates, liability, and fare restrictions and conditions. There may also be prohibitions on "point-beyond", "hidden-city", or "back-to-back" tickets and other bookings which include segments which you do not intend to use, on use of flight coupons out of sequence, and on buying a return ticket when you only intend to travel one-way. You understand that any violation of any terms and conditions of the airline, including purchase conditions, could result in cancellation of your Flight(s), being denied access to your Flight(s), or forfeiting any payments made for Flight(s). We may also charge you for any costs and penalties incurred as a result of such violation. We recommend that you read the refund, cancellation and no-show policies applicable to your Flight(s) carefully prior to making your booking, including where the airline changes or cancels your Flight booking.

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12.2.  Sometimes, cheaper fares are available on the Site for the same Flight, for the same Flight segment(s) on the same date, at the same time and on the same airline, however, these cheaper fares may carry special restrictions and conditions, for example in respect of cancellation and refund. Please check the fare and rate details thoroughly for any such conditions prior to making your booking. Different tickets on the same airline for the same Flight may carry different restrictions or include different services.

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12.3.  Airlines may require you to pay additional fees at the airport for certain services and/or if you exceed certain limits as dictated by the airline, including free or included pieces or weight of your baggage, seat selection, meals and priority boarding. While we provide some details of what is included in your ticket for your Flight, this is not a substitute for, or summary of, the airline terms and conditions and you should ensure to review these separately.

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13. Flight Price

Please note that all prices for Flights on the Site are for your Flight reservation only and are for the requested flights and for the number of people indicated, unless indicated otherwise. The Flight reservations rates are displayed per person. We may also charge booking for certain types of bookings during or after the booking is made. These will be displayed in the booking form and on the confirmation screen as a booking fee.

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14. Travel Advisory and Visa Requirements

14.1.  It is your responsibility to ensure that you satisfy all applicable legal requirements when entering a country or territory, including its visa and health requirements. As these requirements are subject to change without notice, Accomy recommends that you review travel prohibitions, warnings, announcements and advisories and verify with the appropriate consulate prior to booking and again before departure. It is your responsibility to ensure that you are either insured by your own insurance company, or by the Suppliers who may provide insurance coverage. Accomy takes no responsibility in the insurance process and recommends that you are sufficiently covered with a comprehensive travel insurance policy prior to departure.

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14.2.  By displaying Flights in or to particular destinations, Accomy does not represent or warrant that travel to such points is advisable or risk-free and Accomy shall not be held liable for damages or losses that may result from travel to such destinations. You are strongly advised to check the relevant travel advisories issued by your government for any country you are visiting and to take the necessary precautions.

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15. Prohibited and Infringing Items and Activities

15.1.  You are solely responsible for your conduct and activities on the Site, as well as for the accuracy of your “Personal Information” that you submit to Accomy. “Personal Information” is information that identifies you personally, either alone or in combination with other information available to Accomy. Examples of Personal Information include your name, address, email address, and telephone number.

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Your Personal Information and use of the Site shall not:

• Be false, inaccurate or misleading;

• Be fraudulent;

• Violate these Terms, any policy referenced herein, or any applicable law, statute, ordinance or regulation;

• Abuse or misuse the Accomy.com services accorded to you;

• Be a vehicle to sell, assign, transfer or acquire, or to offer to sell, assign, transfer or acquire any Confirmed Booking other than in accordance with these Terms;

• Infringe upon Accomy’s or any third-party’s trademark, copyright or other proprietary or intellectual property rights or rights of publicity or privacy, including without limitation, the unauthorized modification, copying, distributing, transmitting, publishing, displaying, licensing, or creation of derivative works of any content obtained from the Site;

• Be defamatory, trade libelous, impersonate any person, or falsely state or otherwise misrepresent your affiliation with any person, through for example, the unauthorized use of business names, trade names or trademarks, or through the use of a similar email address or nickname, or any other method or device;

• Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

• Modify, adapt or hack the Site or modify another website so as to falsely imply that it is associated with the Site;

• Appear to create liability for Accomy or cause Accomy to lose (in whole or in part) the services of Accomy’s ISPs or technology provider;

• Falsely state, impersonate or otherwise misrepresent your identity, including but not limited to the use of a pseudonym;

• Include any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

• Contain software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Accomy, Accomy’s technology provider, the Suppliers and the Site; and

• do anything else which could cause damage to the Site, Accomy, the Accomy Group, or would otherwise have a negative impact on the Site, Accomy, the Accomy Group and/or the services.

Furthermore, you may not use the Site (or consummate any transaction that was initiated using Accomy’s services) in any manner that could cause Accomy to violate any applicable law, statute, ordinance or regulation.

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15.2.  Any violation of this Clause 15 (Prohibited and Infringing Items and Activities) may result, without notice or delay, in temporary suspension of a Member, User or Administrator, temporary or indefinite suspension of a Member’s, User’s or Administrator’s account privileges, termination of a Member’s Member Account, denial of access to the Site by Member or any of Member’s Administrators or Users, technical and legal actions to keep a Member and its Users and Administrators off the Site, refusal to provide services to a Member and its Users and Administrators & may result in severe civil and criminal penalties.

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15.2.  If, based on your user pattern, Accomy suspects that you have performed any of the prohibited activities under these Terms, Accomy has the right to block your account or deny your entitlement to any benefits under these Terms.

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16. Data Protection and Privacy

By agreeing to these Terms, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. To the extent required under applicable law, your acceptance of these Terms constitutes acceptance and agreement to our collection, use and disclosure of your Personal Information in accordance with our Privacy Policy. Before using our Site, please carefully review our Privacy Policy.

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17. Member Representations and Warranties

By creating your Member Account or being a Member, Administrator or User, you hereby represent and warrant to Accomy the following:

• you are authorized to book Travel Products through the invite link or company code that was provided to you at the time of sign up;

• you are at least 18 years of age;

• you possess the legal authority to create a binding legal obligation;

• you shall use the Site in accordance with these Terms;

• you shall only use the Site to make legitimate reservations for yourself or for another person for whom you are legally authorized to act;

• you shall inform such other persons about these Terms that applies to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;

• all information supplied by yourself or anyone else through the use of the Site is true, accurate, current and complete;

• all payment details provided by yourself when making a booking are fully correct and any such Payment Instrument used is owned by yourself or that you are fully authorised to complete the booking with it and have sufficient funds to cover the cost of the transaction;

• if and when applicable, you shall satisfy all your obligations, tax, withholding or otherwise, as required by applicable law;

• you shall safeguard your account information and shall supervise and be completely responsible for any use of your account by yourself and anyone other than yourself;

• you shall be responsible to ensure that any requisite visas or licenses required to travel to any destination through the reservations made on the Site are obtained, and that no travel arrangements or related payment arrangements that are prohibited by applicable law are made, and in which case you agree and acknowledge that Accomy shall not issue any refunds nor incur any liability as a result of the above;

• you shall not resell any Travel Products booked through the Site;

• you are not subject to any international sanctions programs or restrictions;

• you shall use the Site to make only legitimate Confirmed Bookings and shall not use the Site to make any speculative, false or fraudulent Confirmed Bookings or any Confirmed Bookings in anticipation of demand; and

• you shall be financially responsible for all uses of the Site as well as for the use of your name and any credit card account to pay for products and services purchased through the Site.

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18. Promotions

Accomy may support promotional rates, vouchers, discounts, promo codes or special offers (“Promotions”) or issue credits from time to time. Unless expressly stated otherwise, Promotions or credits may not be combined with other Promotions and/or loyalty programs. Promotions or credits are subject to further rules and special conditions which will be posted on the Site as may be amended by Accomy from time to time. Promotions or credits cannot be redeemed, exchanged or refunded for cash, other credits, or other products. Some Promotions or credits may only be available in certain territories or for residents of certain territories and may exclude certain types of Travel Products and may be subject to additional terms and conditions. While discount amounts for promo codes may vary, the value of the discount will be clearly displayed within the price breakdown.

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Where you have a promo code, credit or voucher, if it is not automatically applied, you must apply it at the payment page in order to apply it to the booking. Unless expressly stated otherwise, Promotions or credits will not apply to the local taxes, service fees and additional charges of the booking.

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Accomy reserves the right to stop the use of any Promotion or credits for any reason. In case of any dispute relating to Promotions or credits, Accomy’s decision shall be final.

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19. Access and Interference

The Site may contain robot exclusion headers which contain internal rules for software usage. Much of the information on and technology incorporated into the Site is updated on a real-time basis and is proprietary to or is licensed to Accomy by Suppliers and third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever, unless Accomy provides prior written permission.

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20. Intellectual Property Contained in or on the Site and Use of Corporate Customer’s Trademarks

20.1.  Copyrights and Other Intellectual Property
Unless otherwise indicated, the Site and the design, text, source code, booking engine technology, content, selection, arrangement and organization of elements, graphics, design, compilation, and other matters related to the Site (the “Site Content”) are protected under applicable intellectual property and other proprietary laws, including without limitation those of Singapore. All Site Content and intellectual property rights therein are the property of either Accomy, the Suppliers or third-party providers and are protected pursuant to applicable copyright, patent, trademark and other intellectual property laws.

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You, as a Member, have a limited, personal, nontransferable, non-exclusive right to use the Site Content to view and otherwise to use the Site in accordance with these Terms and for no other purpose, provided that you (i) do not modify or redistribute the Site Content; (ii) retain any and all copyright and other proprietary notices contained in the Site Content; (iii) do not copy or post the Site Content on any network computer or broadcast the Site Content in any media; and (iv) do not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or any underlying intellectual property used on the Site. Any unauthorized use, reproduction or redistribution of the Site Content is expressly prohibited, and may result, without notice or delay, in temporary suspension of a Member, User or Administrator, temporary or indefinite suspension of a Member’s, User’s or Administrator’s account privileges, termination of a Member’s Member Account, denial of access to the Site by Member or any of Member’s Administrators or Users, technical and legal actions to keep a Member and its Users and Administrators off the Site, refusal to provide services to a Member and its Users and Administrators, and may result in severe civil and criminal penalties. Accomy reserves all other rights in and to its intellectual property.

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20.2.  Trademarks
“Accomy,” “Accomy.com” and any and all other trademarks, service marks and logos appearing on the Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Accomy (the “Marks”). You are not authorized to display or use the Marks in any manner without Accomy’s prior written permission.

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20.3.  Use of Corporate Customer’s Trademarks
Unless otherwise expressly stated in any other agreement between a Corporate Customer and Accomy, during the term of these Terms, each Corporate Customer grants to Accomy a non- exclusive, non-assignable, limited license to use such Corporate Customer’s name and logo (collectively, the “Corporate Customer Marks”) solely for the purpose of marketing that such Corporate Customer is a customer of Accomy either on the Site or on other official publications or marketing materials of Accomy. Any additional use of the Corporate Customer Mark’s by Accomy shall require the prior written consent of such Corporate Customer. Accomy shall not use the Corporate Customer Marks in a manner that is disparaging to such Corporate Customer or its products or services, or portrays such Corporate Customer in a false, competitively adverse or poor light. Accomy’s use of the Corporate Customer Marks under these Terms, and the goodwill associated with such use, inures to the benefit such Corporate Customer, and Accomy shall not register or attempt to register, in any jurisdiction, any trademarks or designations confusingly similar or dilutive of the Corporate Customer Marks. Such license granted by such Corporate Customer to Accomy to use the Corporate Customer Marks shall immediately terminate upon any termination of these Terms.

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21. Other Businesses

The Site may contain links to other websites that are owned and operated by third parties. You acknowledge that Accomy is not responsible for the operation of or the content located on or through any such third-party websites. An advertisement of, or link to, an unrelated third-party website does not mean that we approve, endorse or accept any responsibility for that website. Accomy does not make any representations or give any warranties of any kind about other third-party websites, the content thereof, or the products and/or services made available through such websites. Before you use a third-party website, you should review the applicable terms and conditions and privacy policy of such third-party website.

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22. Disclaimers of Warranties and Limitation of Liability

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THE SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. UNLESS OTHERWISE PROVIDED HEREIN, ACCOMY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

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IN PARTICULAR, ACCOMY DOES NOT GUARANTEE THE ACCURACY, RELIABILITY, OR USEFULNESS OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE HOTEL, FLIGHT AND OTHER TRAVEL PRODUCTS AND SERVICES DISPLAYED ON THE SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF HOTEL AMENITIES, AVAILABILITY, ETC.), MUCH OF WHICH INFORMATION IS PROVIDED BY THE RESPECTIVE SUPPLIERS. SPECIFICALLY, YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ADDITIONAL CHARGES THAT A SUPPLIER MAY REQUIRE DUE TO THE INACCURACY OF PRICING PROVIDED ON THE SITE. IN ADDITION, ACCOMY EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING CONFIRMED BOOKINGS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING CONFIRMED BOOKING AT THE CORRECT PRICE OR WE WILL CANCEL YOUR CONFIRMED BOOKING WITHOUT PENALTY.

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HOTEL RATINGS DISPLAYED ON THE SITE ARE INTENDED AS ONLY GENERAL GUIDELINES, AND ACCOMY DOES NOT GUARANTEE THE ACCURACY OF THE RATINGS. ACCOMY MAKES NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. ACCOMY AND/OR THE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THE SITE AT ANY TIME.

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ACCOMY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE BY A THIRD PARTY DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY ACCOMY.

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ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ACCOMY DISCLAIMS ALL WARRANTIES AND CONDITIONS (1) THAT THE SITE, ITS SERVERS OR ANY EMAIL SENT FROM ACCOMY AND/OR THE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (2) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) THAT ANY DEFECTS WILL BE CORRECTED. ACCOMY DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, DELAY, MISDELIVERY, FAILURE TO UPDATE OR INCLUDE INFORMATION ON THE SITE, INABILITY TO USE ANY DATA OR INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION THE INABILITY TO USE THE SITE FOR CONFIRMED BOOKINGS OR TO REDEEM REWARD POINTS), OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, REWARD POINTS OR OTHER DATA. ACCOMY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

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THE SUPPLIERS AND OTHER THIRD PARTIES PROVIDING TRAVEL OR OTHER SERVICES ON THE SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF ACCOMY. ACCOMY IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. ACCOMY MAKES NO WARRANTIES, HAS NO LIABILITY, AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND ACCOMY HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSION, DELAY, OR ACT OF ANY GOVERNMENT OR AUTHORITY.

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IN ADDITION, ACCOMY NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF THE SITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO ACCOMY.

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ACCOMY ALSO DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY AND INFORMATION (INCLUDING PERSONAL INFORMATION).

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BY FACILITATING CONFIRMED BOOKINGS AT VARIOUS DESTINATIONS, ACCOMY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO ANY DESTINATION IS ADVISABLE OR WITHOUT RISK. ACCOMY IS NOT LIABLE FOR DAMAGES, INJURIES OF ANY KIND OR LOSSES THAT MAY RESULT FROM TRAVEL TO ANY DESTINATION.

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TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACCOMY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON ANY OPINIONS APPEARING ON THE SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THE SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ACCOMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND FOR THE SERVICES AND PRODUCTS OFFERED ON THE SITE. YOUR ONLY REMEDY AGAINST ACCOMY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS TO STOP USING THE SITE. THAT SAID, IF ACCOMY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, ACCOMY’S LIABILITY SHALL NOT EXCEED THE AMOUNT OF ANY TRANSACTION FEES AND/OR SERVICE CHARGES PAID BY CLAIMANT TO ACCOMY FOR THE SERVICES AND/OR DATA WITH RESPECT TO WHICH LIABILITY IS FOUND.

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ALL LIMITATIONS OF DAMAGES SET FORTH IN YOUR CONFIRMED BOOKING(S) AND/OR IN THE SUPPLIER’S TERMS AND CONDITIONS RELATED TO YOUR CONFIRMED BOOKING(S) ARE INCORPORATED INTO THESE TERMS BY REFERENCE.

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23. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AGAINST AND HOLD HARMLESS ACCOMY AND (AS APPLICABLE) ACCOMY’S PARENT, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES, FROM ANY CLAIM OR DEMAND, INCLUDING COSTS AND FEES (INCLUDING REASONABLE ATTORNEYS’ FEES), MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (1) YOUR BREACH OF THESE TERMS OR THE DOCUMENTS AND POLICIES IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY; AND/OR (3) YOUR USE OF THE SITE.

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24. Termination

24.1.  Mutual Rights of Termination
You may terminate these Terms, and consequently your Member Account for any or no reason, at any time, with written notice to Accomy pursuant to Clause 26 (Notices). This notice will be effective upon Accomy processing your notice.

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Accomy may terminate these Terms and your Member Account for any reason or no reason, at any time, with or without notice, so long as such termination does not violate any applicable law.

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24.2.  Termination by Breach

Without limiting any other remedies, Accomy may, without notice, delay or immediately issue a warning to a Member, temporarily suspend a Member, temporarily or indefinitely suspend a Member’s account privileges, terminate a Member’s Member Account, prohibit access to the Site by Member or any of Member’s Administrators or Users, and take technical and legal steps to keep a Member and its Users off the Site and refuse to provide services to a Member and its Users if any of the following apply:

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• Accomy suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a Member or any User has breached any provision of these Terms, the Privacy Policy, or other policy documents incorporated herein;

• Member or any of the Member’s Users or Administrators transfers, shares or otherwise allows access to a Member Account or any content of the site to any unauthorized user, without the written consent of Accomy;

• Accomy is unable to verify or authenticate any Personal Information; or

• Accomy believes that (a) the Member ot its Users are acting inconsistently with the letter or spirit of Accomy’s policies; (b) the Member or its Users’ has engaged in improper or fraudulent activity in connection with the Site; or (c) the Member’s actions may cause legal liability or financial loss to Accomy.

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24.3.  Termination by Death of Member

Membership will terminate automatically upon the death or dissolution of the Member.

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24.4.  Effect of Termination
Upon the termination of these Terms and your Member Account, you lose access to Accomy’s services on the Site, and you may also be barred from any future use of the Site. Clause 22 (Disclaimers of Warranties and Limitation of Liability) through 33 (Binding Effect) shall survive any termination, as well as all applicable terms related to post-termination actions provided in these Terms, Privacy Policy or other policies incorporated herein.

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25. Governing Law and Dispute Resolution

25.1.  Mutual Rights of Termination

These Terms shall be governed by, and construed in accordance with the laws of the Republic of Singapore. Subject to Clause 25.2 (Dispute Resolution), any and all disputes arising out of or in connection with these Terms shall be referred to the courts of the Republic of Singapore, which will have exclusive jurisdiction in case of any dispute.

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25.2.  Dispute Resolution

Except as provided in Clause 24 (Termination) and 25.4 (Injunctive Relief), in the event that there is a claim, difference, controversy, disagreement or dispute (whether in contract, tort or otherwise) between you and Accomy related to the formation, interpretation, performance, enforcement, breach or subject matter of these Terms (including the rights and liabilities of yourself or Accomy or any question regarding the existence, validity, termination or construction of the provisions of, these Terms), the designated representatives of each of the parties hereto shall immediately confer and devote their efforts to resolving any such dispute reasonably, and in good faith.

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In the event the above cannot be resolved informally, such claim, difference, controversy, disagreement or dispute shall be referred to and finally resolved in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force ("Rules"), which rules are deemed to be incorporated by reference to this paragraph. The tribunal shall consist of one (1) arbitrator to be appointed in accordance with the Rules. The seat of the arbitration will be Singapore. The language of the arbitration shall be English. Any decision or award of an arbitral tribunal appointed pursuant to this Clause shall be final and binding upon the parties.

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For the avoidance of doubt, any Member or User who disputes any charges in relation to these Terms is required to pay for any and all court, arbitration or legal fees associated with the resolution of the dispute. If a Member or User disputes such charges on a credit card the Member or User, as applicable may immediately lose membership to Accomy and will not be allowed to rejoin or otherwise use the Site.

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25.3.  Past Due Invoices

Notwithstanding the foregoing, Accomy shall have the right to institute an action for the collection of past due invoices including imposing and late penalty fees or interest.

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25.4.  Injunctive Relief

Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief.

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25.5.  Attorneys’ Fees and Costs

In any action brought to enforce any of the provisions of these Terms or for injunctive relief, the party that receives a final judgment or award following the exhaustion of, or expiration of time for taking, all appeals, and which substantially prevails on the claims and defenses raised in the action, shall be entitled to recover its attorneys’ fees and costs incurred at arbitration, trial, a hearing, and in any appeal of such claims and defenses, including any fees and costs incurred prior to commencement of said proceedings. In the event each party prevails on some claims or defenses, you and Accomy agree that the arbitrator or trial court shall determine which is the “prevailing” party on each claim or defense entitled to an attorneys’ fees and costs awarded hereunder and the resulting portion of the total attorneys’ fees and costs award, if any, each party is entitled to recover from the other.

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26. Notices

26.1.  Except as explicitly stated otherwise, any notices to Accomy shall sent by email to support@accomy.com, and notice to Accomy shall be deemed given 24 hours after the email is sent. Any notices that you provide without compliance with this Clause 26.1 shall have no legal effect.

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26.2.  Accomy may give you notice by email to the email address that you provide to Accomy when you set up your Member Account, or to your most current email address contained in Accomy’s records at the time of such notice. Notice to you shall be deemed given 24 hours after the email is sent, unless Accomy is notified that the email address is invalid. Alternatively, Accomy may give you notice by certified mail, postage prepaid and return receipt requested, to the mailing address provided to Accomy when you set up your Member Account, or to your most current mailing address contained in Accomy’s records at the time of such notice. In such case, notice shall be deemed given on the date of mailing.

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27. Entire Agreement

These Terms, along with the policies referenced herein, constitute the entire agreement between you and Accomy, and the provisions hereof shall supersede any and all prior agreements or understandings relating to the same subject matter.

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28. Waiver; Severability

Failure to enforce any provision of these Terms shall not constitute a waiver of any future enforcement of that provision or any other term hereof. If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.

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29. No Agency

The relationship between Accomy, the Suppliers, and you will be that of a broker, rooms provider, and customer respectively, and none of the parties listed or any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other.

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30. Captions

The captions and headings used throughout these Terms are for reference only, and do not expand, limit or in any way affect the meaning or interpretation of any provision hereof.

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31. Assignment

Accomy may, and you may not, assign, subcontract or delegate rights, duties or obligations under these Terms.

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32. Third Party Rights

Save for any other Accomy Group entity, a person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore or any applicable laws or regulations in relation to rights of third parties to enforce any part of these Terms.

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33. Binding Effect

These Terms shall be binding upon and benefit the parties hereto, their representatives and permitted assigns.

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34. Contact

Please contact Accomy at support@accomy.com to report any violations of these Terms or to pose any questions regarding these Terms or Service.

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