The following sets out the terms and conditions for use of the ShakaPass website, application and our services.
1.1 These are the terms of use (Terms) for www.shakapass.com and the ShakaPass application. For the purposes of these Terms, both the website and application shall be referred to as the “App”. The App is operated by ShakaPass Pte Ltd (ShakaPass, we, us and our). We are a corporation organized under the laws of Singapore. Our principal office is located at 8 Bassein Road, #11-01, Singapore 309838.
1.2 Your use of the App and your Purchase of any of the Tickets offered via our App is subject to these Terms and by placing an order for any Tickets you agree to be bound by them. You should print a copy of these Terms for future reference. Use of your personal information submitted via the App is governed by our privacy policy available here (Privacy Policy), which is hereby incorporated by reference into these Terms.
1.3 We reserve the right to change these Terms from time to time by changing them on the App, although no such change will affect any Purchase you have already made with us. Your continued use of the App and any new Purchases will be bound by the new Terms.
1.4 In these Terms we use various capitalised terms (they are “defined”). This means they have special meanings, found in the next-to-last section of these Terms.
2.1 To use the App and make any Purchases, you must be 18 or over. By continuing to use the App and agreeing to these Terms you are representing to us that you are 18 and we can rely on this representation.
2.2 The App and the Events offered on the App are only directed at people who access the App and make Purchases in Singapore. We do not represent that any Events are suitable outside Singapore and you should be careful to satisfy yourself of an Event’s suitability to your circumstances (such as considering your travel arrangements to/from the event because unless this is expressly stated as part of the Event, it is not included as part of the Purchase). If you choose to use the App or make a Purchase outside Singapore you do so at your own risk.
2.3 We grant you a limited non-exclusive license to install and use the App to access and use our services for your own personal and non-commercial use, provided that you comply fully with these Terms (e.g., you may not resell the Tickets).
2.4 We reserve the right to prevent you from using the App (or any part thereof) or making Purchases with or without notice, however we will honor Purchases already made, unless you have not complied with these Terms or we are unable to because of circumstances outside our control.
3.1 We cannot guarantee the continuous, uninterrupted or error-free operability of the App. There may be times when certain features, parts or content of the App, or the entire App, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the App, or any features, parts or content of the App.
3.2 We may change the format and content of the App from time to time. We reserve the right to modify, change, substitute or withdraw any Events or other information on our App.
4.1 Why register? To put simply, if you don’t register an account, you won’t be able to make any Purchases. This is because you need an account in order to view your Purchased Tickets, redeem them (if required), view your past Purchases, store your financial details and modify your preferences to name a few. We reserve the right to decline a new registration or cancel your account at any time (including if you don’t provide us with a valid e-mail address that is personal to you, or if you don’t provide us with a correct first and last name).
4.2 To register an account you will need to fill out a form on the mobile app or online. You warrant that the information you input is true, complete and accurate. You will promptly inform us of any changes to such information (you can do this by updated your account details at any time). The personal information you give us is governed by our Privacy Policy.
4.3 In order to register and access your account, you will need to choose a password. It is important you keep this password confidential because you are entirely responsible if you do not maintain the confidentiality of your password to a reasonably expected standard and Purchases are made via your account. Let us know as soon as you become aware there has been a breach of security and we will suspend your account. You agree that any person who you directly or implicitly permit to use your password (implicitly, for example, because you do not log out of your account and another person uses your device to make Purchases or you write your password on a bulletin board in your home and a family member then uses it to gain access to your account) is authorized to act as your agent to use the App and make Purchases via your account. We will not be liable for any loss or damage arising from your failure to comply with this Section. However, you will not be responsible to pay for Purchases made following a reasonable period after you have notified us of a password change or that security has been compromised.
4.4 One individual user is allowed to register only one account on the App. You covenant that you will not create fraudulent accounts. You also covenant that you will not use any fraudulent activities to generate unfair Reward Credits in the App to be applied to you (for instance, you will not redeem your own invitation code with a different account of yours)
5.1 You may only use the App for non-commercial use and only in accordance with these Terms. You may retrieve and display content from the App on a computer or mobile device screen, print and copy individual pages and Tickets and, subject to the next section, store such pages and/or Tickets in electronic form. Additional terms may also apply to certain features, parts or content of the App and, where they apply, they will be displayed before you access the relevant features, parts or content.
6.1 Except to the extent expressly set out in these Terms, you are not allowed to:
• store pages of the App on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or most of the pages of the App; or
• remove or change any content of the App or attempt to circumvent security or interfere with the proper working of the App or the servers on which it is hosted.
6.2 You must only use the App and anything available from the App for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
6.3 All rights granted to you under these Terms will terminate immediately in the event that you have not followed your responsibilities as required by them (legally known as a “breach”).
6.4 The App made available by us and the transmission of applicable data, if any, is subject to Singapore export controls. No App may be distributed or downloaded from us or otherwise exported or re-exported in violation of Singapore export laws. Using the App is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the App, including as it concerns online conduct and acceptable content.
6.5 You are solely responsible for all information, data, text or other materials (“Submissions”) that you upload, submit, post, publish, display or email (hereinafter, “upload”) or otherwise use via the App. The following are examples of the kind of Submissions and/or use that is illegal or prohibited by ShakaPass. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending Submissions from the App, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree not to use the App to:
(a) upload any Submission that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload and assign to us in accordance with Section 7.5 below under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “contests”, “sweepstakes”, or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of ShakaPass, is objectionable or which restricts or inhibits any other person from using or enjoying the App, or which may expose ShakaPass or its users to any harm or liability of any type;
(b) interfere with or disrupt the App or servers or networks connected to the App, or disobey any requirements, procedures, policies or regulations of networks connected to the App;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) harvest or collect email addresses or other contact information of other users from the App by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
(e) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
(f) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the App.
7.1 All intellectual property rights (which includes rights such as copyright, and rights in trademarks) in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us and/or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or content from the App. Any rights not expressly granted herein are reserved by us.
7.2 Any use of the App other than as specifically authorized herein is strictly prohibited. The technology and software underlying the App or distributed in connection therewith is the property of us, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the App.
7.3 The ShakaPass name and logo are trademarks and service marks of us (collectively, the “ShakaPass Trademarks”). Other company products, service names and logos used and displayed via the App may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ShakaPass Trademarks displayed through the App, without our prior written permission in each instance. All goodwill generated from the use of ShakaPass Trademarks will inure to our exclusive benefit. If you print off, copy or store pages from the App (only as permitted by these Terms), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
7.4 Under no circumstances will we be liable in any way for any content (including any Submissions or other materials) of any third parties (including users), including, but not limited to, for any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not have a duty to pre-screen any content (including any Submissions or other materials), but that we and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any such content that is available via the App. Without limiting the foregoing, we will have the right to remove any content (including any Submissions or other materials) that violates these Terms or is deemed by us, in our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content (including any Submissions or other materials), including any reliance on the accuracy, completeness, or usefulness of such content.
7.5 You represent and warrant that you own all right, title and interest in and to any Submissions, including, without limitation, all copyright and rights of publicity contained therein. By uploading, sharing or otherwise providing any Submissions you hereby assign to us all right, title and interest in and to such Submissions and all associated copyright and other intellectual property rights.
7.6 The Copyright Act provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Singapore copyright law. If you believe in good faith that materials on the App hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then current statutory requirements imposed by the Copyright Act. Notices and counter notices with respect to the App should be sent to ShakaPass at:
By mail:
Attn: Han Lee
ShakaPass Pte. Ltd.
8 Bassein Road
#11-01
Singapore 309838
By email: support@shakapass.com
8.1 The App may, from time to time, include links to external sites. We have included links to these sites to provide you with access to information and services that you may find useful or interesting. We have no control over such sites and are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site.
9.1 You may enable or log in to the App via or access through the App various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the App, we make your online experiences richer and more personalized. To take advantage of these features and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and our use, storage and disclosure of information related to you and your use of such services within the App (including your friend lists and the like), please see our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the App.
9.2 In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
10.1 Use of your personal information submitted via the App is governed by our Privacy Policy.
11.1 Except where we have stated otherwise, we act as an agent on behalf of our Event Partners, such as theaters or concert venues. As such, there may be additional terms and conditions that apply to your contract because each Event Partner has different terms relevant to the Event which are also applicable, for example a concert venue will have different terms of entry than a theatre and some Event Partners may require its participants be aged 21 or over. These additional terms, if any, shall be made known to you at the time of Purchase, and/or you may Contact Us for details. We will also provide a link to the terms in the ticket confirmation email and/or as part of the redemption instructions we send you. You shall ensure that anyone using a Ticket with an Event Partner complies with those terms.
11.2 It is important to note that it is us, not the Event Partner, who is the seller of the Tickets to you. However, we'd still love to hear your feedback so we can decide whether or not to continue offering events from the applicable Event Partner in the future.
11.3 We may pass essential booking details to that Event Partner (remember, they are not a part of our company, but are third parties to whom we act as agent for). The placing of an order by you to purchase a Ticket will constitute consent to us passing your details for this.
12.1 Tickets may be Purchased by clicking on the Events you wish to Purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Confirm Booking” button within the App. Once submitted, your order constitutes an offer to us to Purchase a Ticket. All orders are subject to acceptance by us. We are not obliged to accept your order and may, in our discretion, decline to accept any order. Any prices, quotations and descriptions of any Tickets are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to the applicable Event Partner's or our express acceptance of your order.
12.2 While we make every effort to ensure that Tickets appearing through the App are available, we cannot guarantee that Tickets are available when you submit your order. We may reject your order (without liability) if we are unable to process or fulfill it. If this is the case, we will refund any prior payment that you have made for such Tickets. Where we accept your order, we will confirm such acceptance to you by sending you an email that confirms that we have accepted your order and providing details of your Ticket. Notwithstanding our acceptance, we may immediately terminate or suspend the Purchase (and suspend or void the Ticket) if subsequently your payment details are found to be invalid or lack funds by our payment provider, or we or our payment provider reasonably suspect fraudulent behavior linked with your account.
12.3 It is your responsibility to check your Tickets as if you have made a mistake it cannot always be rectified after purchase. Please check your Ticket(s) on receipt carefully and Contact Us immediately prior to the Event if there is a mistake, or if you have not received your Ticket(s).
12.4 For most events you will receive an electronic Ticket or redemption instructions, since ShakaPass generally works on the basis of selling last-minute Event tickets (e.g., theatre seats). Sometimes you will need to collect your Tickets from the box office or a collection point where we are unable to send the electronic Ticket straight to your account. You will be notified if this is necessary and be provided with collection details, including location and times. You must take the acknowledgment of your order with you and the credit/debit card you used to make the order. If you fail to arrive at the collection point within the time specified, you will forfeit your ticket and we will not provide a refund.
12.5 Tickets must be used by the date of the Event shown on the Ticket, or it will no longer be valid (and you will not be entitled to a refund). It is your responsibility to ascertain whether an Event has been cancelled or re-scheduled and the date and time of the re-scheduled Event. We will use reasonable efforts to notify you of a cancelled or re-scheduled Event but we do not guarantee you will be informed of such cancellation before the time for the Event.
12.6 Where a concession is claimed, proof of identity and concession entitlement (for example of age or student status) may be required.
12.7 Reproduction, sale, resale, trade or other unauthorized transfer of a Ticket is prohibited. If you attempt to do this we reserve the right to void the Ticket and cancel your account.
12.8 Your ticket remains the property of the Event Partner and is a personal revocable license which may be withdrawn and admission refused at any time upon refunding the printed purchase price.
12.9 Our Event Partners may prohibit us from issuing exchanges or refunds after a Purchase is made, or for lost, stolen, damaged or destroyed tickets. It is your responsibility to keep your tickets safe, whether in digital or paper ticket formats. It is not always possible to issue duplicate tickets. If duplicates are being issued, a reasonable administration charge may be levied.
12.10 We may limit the amount of Tickets you can buy to an Event. We reserve the right to cancel without notice or liability to you any order for Tickets purchased over any specified limits or if we reasonably suspect fraudulent conduct in connection with the Purchase.
12.11 A ticket shall not be used for advertising, promotions, contests or sweepstakes without the Event Partner’s and ShakaPass’s written consent.
12.12 Tickets are sold subject to the Event Partner's right to alter or vary the programme due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange Tickets other than in certain cases set out in Our refund policy .
12.13 The venue may refuse or revoke admission should you or your guests breach any terms and conditions of the Event or Event Partner, or otherwise upon reasonable grounds. Every effort to admit latecomers will be made at a suitable break in the event, but admission cannot be guaranteed. Ticket-holders may only leave and re-enter a venue during an Event at the discretion of the management of the venue. You only have the right to a seat corresponding to that stated on the Ticket, but the Event Partner reserves the right to provide alternative seats to those stated on the Ticket.
13.1 The price of Tickets is as quoted on the App. Prices are liable to change at any time, but changes will not affect Purchases in respect of which we have already sent you an email confirmation.
13.2 Payment for all orders must be made by credit or debit card by entering such information in the Settings part in the App or as part of the booking process. We will verify your credit card information (including expiration date and billing address), but will not charge your credit card unless you conduct an activity through the App that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us to charge your credit card. All payments are processed by a third-party vendor. By agreeing to pay for a transaction with your credit card, you authorize the third-party vendor to charge your credit card and agree to be bound by the terms of service of such third-party vendor.
13.3 You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
14.1 ShakaPass reserves the right to terminate the reward credits scheme or to change these terms and conditions, regulations, or benefits of participation, in whole or in part, at any time with or without notice, even though changes may affect the number of reward credits accumulated by the user.
14.2 Reward Credits that are not redeemed will expire three months from the date they are awarded.
14.3 If ShakaPass believes, in its sole discretion, that a user is abusing the reward credits (e.g. sharing on deal and voucher websites), it will revoke all reward credits awarded to that user.
14.4 If reward credits are redeemed, and the user fails to attend the event, ShakaPass will not refund the redeemed reward credits.
14.5 Rewards credits earned from two or more different user's accounts cannot be combined and redeemed on the same booking.
14.6 Reward credits cannot be exchanged for cash and cannot be used anywhere other than on the ShakaPass app.
14.7 Reward credits cannot be purchased.
14.8 When converting reward credit amounts between currencies, ShakaPass reserves the right to determine the exchange rate to be used.
14.9 Reward credits must have been added to a user’s account prior to purchase in order to be redeemed.
14.10 In order for referrers to earn reward credits as part of the ShakaPass credit scheme, referees must make a purchase over and above the value of their reward credit. Individual referral codes are valid for up to 50 referees.
15.1 Purchases for Tickets cannot be exchanged or refunded, except in the following circumstances:
• If we discover an error in the price of the Tickets you have ordered, we will use reasonable efforts to inform you as soon as possible and allow you to either reconfirm your order at the correct price (crediting or debiting your account as applicable), or cancel your order. If you choose to cancel, you will receive a full refund from us if you’ve already paid. If we are unable to contact you, this will be treated as a cancellation.
• If an Event is cancelled or there is a material change to the subject matter of the Ticket contract (that is what you have contracted to see) we will give you a full refund of the face value price paid or, if the face value has been reduced by the Event Partner, the discounted face value. A material change is one which, in our reasonable opinion, makes the Event materially different to what a purchaser of the Event, taken generally, could reasonably expect. For example, the use of understudies in a theatre performance does not constitute a material change. If an event is re-scheduled (and you cannot attend the re-scheduled date), we will coordinate with the Event Partner on how your ticket(s) will be treated however a refund cannot be guaranteed. 15.2 Paying refunds:
• To the extent we refund you any amounts, we will use reasonable efforts to refund any such amounts using the same method originally used by you to pay for the applicable purchase.
• You may reject a credit or refund within 30 days of receiving the credit or refund, but if you do not reject the credit or refund by notifying us within that timeframe you will be deemed to have accepted the credit or refund in full and final settlement of any and all claims, actions, demands and proceedings you may have against ShakaPass arising out of the Ticket or Purchase for which you received the credit or refund.
• Except as expressly stated otherwise, purchases made via the App are non-cancellable and non-refundable.
16.1 Your use of the app is at your sole risk. The app is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We make no warranty that (i) you will be able to purchase any tickets through the app or that the app will otherwise meet your requirements, (ii) use of the app will be continuous, uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the app will be accurate or reliable. Furthermore, ShakaPass does not warrant, and excludes all liability in respect of, the events for which tickets may be redeemed, including in respect of the quality, safety, usability or any other aspect of the events in respect of which a ticket is or may be redeemed.
17.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OF OR THE INABILITY TO USE THE APP (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE APP OR ATTENDANCE AT ANY EVENT); (II) THE COST OF PROCUREMENT OF SUBSTITUTE TICKETS AND SERVICES RESULTING FROM ANY TICKETS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APP; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE APP; OR (V) ANY OTHER MATTER RELATING TO THE APP. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT THAT YOU HAVE PAID SHAKAPASS IN THE LAST TWELVE (12) MONTHS.
17.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
17.3 WHERE VIDEOS ARE DISPLAYED THEY ARE INTENDED TO BE PURELY REPRESENTATIVE OF THE ARTIST OR EVENT. YOUR ACTUAL EXPERIENCE MAY VARY.
18.1 You agree to release, indemnify and hold us and our affiliates and our officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the App (including any sale or purchase of any items through the App), your connection to the App, your violation of these Terms or your violation of any rights of another.
19.1 We, in our sole discretion, may suspend or terminate all or part of your use of the App, your account and/or a Purchased Ticket for any reason, including, without limitation, if you use (or permit anyone other than you to use) the App, your account or a Purchased Ticket in breach of these Terms and we do not reasonably consider that your breach can be resolved, or if it can be resolved you have failed to resolve it to our reasonable satisfaction after we have asked you to do so and given you a reasonable opportunity to do so. Further, you agree that we will not be liable to you or any third party for any termination of your access to the App. However, termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
20.1 These Terms are personal to you. You may not transfer or assign any or all of your rights or obligations under these Terms to any other person without our prior written consent. ShakaPass may assign or transfer this Terms, in whole or in part, without restriction.
20.2 All notices given by you to us must be given in writing to the address set out at the end of these Terms. We may give notice to you at either the email or postal address you provide to us when creating an account or placing an order. The App may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the App.
20.3 The failure to exercise or enforce any rights or provisions of these Terms will not constitute a waiver of such rights or provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.
20.4 These Terms may not be varied except with our express written consent. These Terms and any document expressly referred to in them constitute the entire agreement between you and us about the subject matter of these Terms and, in relation to such subject matter, supersedes and extinguishes all earlier understandings and agreements between you and us and all earlier representations by us. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software.
20.5 These Terms will be governed by the laws of Singapore without regard to its conflict of law provisions. With respect to any disputes or claims not subject to mediation, as set forth below, you and ShakaPass agree to submit to the personal and exclusive jurisdiction of the State Courts of Singapore. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the App or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
21.1 In the first instance we request that you Contact Us if you have a complaint against us and we shall try to resolve it. At our election, all disputes, claims, or controversies arising out of or relating to the Terms or the App that are not resolved by mutual agreement may be resolved by binding mediation at the Singapore Mediation Centre (SMC). Unless otherwise agreed by the parties, mediation will be held in Singapore in the English language before a single mediator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single mediator appointed by SMC, and will be conducted in accordance with the rules and regulations promulgated by SMC unless specifically modified in these Terms. The mediation must commence within forty-five (45) days of the date on which a written demand for mediation is filed by either party. The mediator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the mediation and within six (6) months of the selection of the mediator. The mediator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. The mediator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the mediators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award.
21.2 Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior mediation for the purpose of avoiding immediate and irreparable harm. The provisions of this mediation section will be enforceable in any court of competent jurisdiction.
If you download, access and/or use the App on Apple’s iOS operating system:
22.1 The App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
22.2 You acknowledge and agree that:
• Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please Contact Us, not Apple, using the details in these Terms;
• Except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the App are between you and us (and not between you, or anyone else, and Apple);
• In the event of any claim by a third party that your possession or use (in accordance with these Terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
• Although these Terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these Terms, will have the right to enforce these Terms against you;
22.3 You represent and warrant that:
• You are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and
• You are not listed on any United States Government list of prohibited or restricted parties; and
22.4 If the App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the App or as a result of you or anyone else using the App or relying on any of its content.
23.1 “Event Partner” means a third party partner of ShakaPass who sells the events and services for which a Purchase can be made.
23.2 “Purchase” or “Purchased” means the purchase of a Ticket.
23.3 “Ticket” means a ticket for a particular Event from an Event Partner, which is subject to any additional terms of entry set by the Event Partner.
23.4 “Events” means the events and/or services offered by a particular Event Partner for which a Purchase can be made.
Please submit any questions you have about these Terms, an order you have placed or purchasing in general by email to hello@shakapass.com or write to us at:
ShakaPass
8 Bassein Road
#11-01
Singapore 309838