a) Application of Terms

These Terms apply to your use of the Website. By accessing and using the Website:

you agree to these Terms; and

where your access and use is on behalf of another person (e.g. a company), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.

If you do not agree to these Terms, you are not authorised to access and use the Website, and you must immediately stop doing so.

b) Changes

We may change these Terms at any time by updating them on the Website. Unless stated otherwise, any change takes effect immediately. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Website, you agree to be bound by the changed Terms.

We may change, suspend, discontinue, or restrict access to, the Website without notice or liability.

These Terms were last updated on 10 November 2016.

c) Definitions

In these Terms:

including and similar words do not imply any limit

Loss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability and cost, including legal costs on a solicitor and own client basis

personal information means information about an identifiable, living person

Terms means these terms and conditions titled Website Terms of Use and Conditions

Underlying System means any network, system, software, data or material that underlies or is connected to the Website

Username means a unique name and/or password allocated to you to allow you to access certain parts of the Website

We, us or our means Maxther Pte. Ltd.

Website means any domain or URL owned by us inclusive but not limited to: www.maxther.com

You means you or, both you and the other person on whose behalf you are acting

Guest means customers who are purchasing the services or ‘Experiences’ on our website

Hosts on the website are also known as Maxpert

Experience or Experiences are the activities that are conducted by our Maxperts

d) Our Services

Maxther Pte. Ltd. (www.maxther.com) is an online platform service that facilitates Asean based Maxperts who have experiences to offer to guests who are interested in participating in such activities. The services are accessible at http://www.maxther.com and any other websites through which Maxther makes it services available.

e) Your Obligations as a Guest

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

If you are given a username, you must keep your username secure and:

not permit any other person to use your username, including not disclosing or providing it to any other person; and
immediately notify us if you become aware of any unauthorised use or disclosure of your username, by sending an email to help@maxther.com.

You must:

1. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

2. unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your username.

f) Your Obligations as a Maxpert

You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete.

If you are given a username, you must keep your username secure and:

1. not permit any other person to use your username, including not disclosing or providing it to any other person; and immediately notify us if you become aware of any unauthorised use or disclosure of your username, by sending an email to help@maxther.com.

You must:

2. not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Website or any Underlying System, or otherwise attempt to damage or interfere with the Website or any Underlying System; and

3. unless with our agreement, access the Website via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.

You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Website by using your username.

You agree:

4. To include Maxther commission fee of 10% and $3 admin fee on the experience that you conduct through Maxther website.

5. That we may unexpectedly suspend our intermediary duties outlined in this terms without any compensation in case of technological problems such as accidents at telecommunications firms, natural disasters, maintenance, server/service updates and other technological problems at Maxther that make the site impossible or difficult to use.

6. If you maintain an online presence for your activity and/or list your activities on other services similar to Maxther, you agree to provide us with the lowest price you have listed the same activities at either on your own website or on services similar to Maxther.

You shall:

7. Provide your experience to the guest in accordance with the activity as stated in your online experience listing.

8. Be responsible for the cost/fee it takes to run your experience

9. Under your responsibility, you may outsource full or a part of your activity to a third party (including third parties we designate) with the written consent of us. If you are to outsource your activity to a third party, though, you shall notify us of the name, information of the third party, and the reason that you need to outsource your activity in a written document so that we may be able to contact this outsourcing.

10. Require the third party to comply with all your obligations set forth in these terms and shall be liable for any the third party’s breach of your obligations under these terms. You will not have the same responsibilities, though, if we outsource your activity to a third party unless there is a major or deliberate fault on your side.

11. Notify us immediately if you cannot provide an activity to a user or if we find out you are not available to provide users with your activity.

12. Promptly notify us of any complaints from a user about your provided experience.

13. Notify us beforehand, If you plan to have any sort of money transaction accompanied to your provided activity such as selling tickets or commodities.

g) Intellectual Property
You shall not use any of the information/pictures that have been provided to you through our help plans service for publication on any other similar sites to Maxther. If you maintain an online presence and would like to use the information/pictures, you would need to inform us in writing and have our written consent before usage. The copy rights of all information/pictures provided through the help plans service belongs to Maxther and must not be shared.

You warrant that the profile information and experience information that you provide us does not breach or infringe the copyright or other intellectual rights of third parties. You shall not provide to third parties with the published profile information and other similar information without written consent from us.

We (and our licensors) own all proprietary and intellectual property rights in the Website (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems.

h) Disclaimers

To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

the Website being unavailable (in whole or in part) or performing slowly;

any error in, or omission from, any information made available through the Website;

any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Website. To avoid doubt, you are responsible for ensuring the process by which you access and use the Website protects you from this; and

any site linked from the Website. Any link on the Website to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.

We make no representation or warranty that the Website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Website is not illegal or prohibited, and for your own compliance with applicable local laws.

i) Liability

To the maximum extent permitted by law:

you access and use the Website at your own risk; and

we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Website, or your access and use of (or inability to access or use) the Website. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

j) Privacy Policy

The Maxther privacy policy is available for your review at [link]. You consent to the information practices and disclosures set forth in that policy, and agree that those practices are reasonable.

k) Payment
As a Maxpert, payments for your experiences will be made through PayPal platform.

The payment will be transferred to you via PayPal after the activity begins provided the Guest has no complaints with the quality of service of your activity. Payment will be transferred on the 10th and 25th of every month, assuming that activities are completed 3 days before the payment dates. ie. The activity is completed on the 7th of the month; payment will be transferred on the 10th. If the activity is completed on the 8th of the month; payment will be transferred on the 25th.

For any verified unsatisfactory issues pertaining to the conduct of the activity, we may hold back the payment and it may be reduced. Unsatisfactory issues includes but not limited to: Activity conducted is different from what is written on the online experience listing; Demands of extra payment from guests during experience with prior notice given; sexual harassment; no show from you, etc

The payment minus the commission fee of 10% and admin fee of $3 (hereafter referred to as “payout”) will be paid to you or your intermediary.

The payout will be paid in either United States Dollars or Singapore Dollars. We will determine the exchange rate taking the official bank exchange rate of the day the booking is made into reference.

l) Cancellations and Refunds

In the event that a booking needs to be cancelled, we agree to handle all refund payments in the following manner:

1. Our Maxperts are free to determine their own cancellation policy of either 2 days or 7 days for their experiences on our website. You and our Maxperts will be bound by this cancellation policy as part of the booking process. Cancellation policy will be accepted by you at the time of booking and also delivered to you by email with your booking confirmation.

2. In the event that you or our Maxperts need to cancel a booking, we will notify you or the Maxpert of the cancellation, we will calculate the amount that you are entitled to be refunded and we will refund this amount directly to you within 30 days.

You can contact refunds@maxther.com for any cancellations or refunds enquiries.

m) Suspension and Termination

Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Website (or any part of it).

On suspension or termination, you must immediately cease using the Website and must not attempt to gain further access.

n) General

If we need to contact you, we may do so by email or by posting a notice on the Website. You agree that this satisfies all legal requirements in relation to written communications.

These Terms, and any dispute relating to these Terms or the Website, are governed by and must be interpreted in accordance with the laws of Singapore. Each party submits to the non-exclusive jurisdiction of the Courts of Singapore in relation to any dispute connected with these Terms or the Website.

For us to waive a right under these Terms, the waiver must be in writing.

Clauses which, by their nature, are intended to survive termination of these Terms.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

These Terms set out everything agreed by the parties relating to your use of the Website and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Website that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.