Terms and Conditions

Find the Indonesian version here.

These Terms were last updated on 21 / 04 / 2022.

Midstay (legal structure: Midstay PTE. LTD. based in Singapore) offers a variety of services available online, including but not limited to Homepooling, Lifestyle Partners, Escape Tours, Safety Partners (collectively, the “Services”), via a mobile application and websites. The Services are accessible at www.midstay.com and any other websites through which Midstay makes the Services available (collectively, the “Site”).

Midstay has two different types of users depending on the Midstay products used:

  • We call users who use the free version of the Midstay Service “Free Users.” While Free Users can access and use the Service, they have access to a more limited set of Service features and functionality than Subscribers.
  • We call users who use the Service as part of a paid Midstay subscription plan (regardless of the subscription tier) “Subscribers.” The Service features and functionalities available to Subscribers are determined by the subscription tier and the specific terms agreed between Midstay and the organization (e.g., your employer or another entity or person, called the “Customer”) that entered into a separate agreement that governs delivery, access, and use of the Service (the “Customer Agreement”).
  • We refer to these two types of users collectively as “Users” or “you” for purposes of these User Terms of Service (the “Terms”). Regardless of what type of User you are, these Terms create a legal agreement directly between you and Midstay and explain the rules governing use of the Service and Websites. By accessing or using the Service and Websites, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not access or use the Service and Websites.

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE SERVICE AND WEBSITES PROVIDED BY MIDSTAY ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.

We may, from time to time, modify these Terms. Please check this page periodically for updates. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Service and Websites. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Service and Websites after any such update constitutes your acceptance of such changes.

INTERPRETATION

In these Terms:

Accommodation means residential and other properties utilized for the Services. Accommodations are provided by Hosts, not by the Company.

Activity Partners means Midstay’s service where we connect local activity partners,  including but not limited to tour agencies, to collaborate and provide service to Midstay members.

Content means text, graphics, images, music, software, audio, video, information or other materials.

Data means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Service.

Disputes are disagreements between: users, companies, or partners regarding performance of, or payment for the services described under the agreement.

Fees means the applicable fees set out on our pricing page on the Website at www.midstay.com or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance.

Force Majeure means any events that is beyond the reasonable control of a party, excluding:

  •  an event to the extent that it could have been avoided by a party taking reasonable steps or reasonable care; or
  •  a lack of funds for any reason.

Homepooling means Midstay’s service that connects people who seeking to rent accommodations together with housemates for some period of time.

Housemate means a Renter who completes a housemate profile and is looking for or is living with another Renter in an Accommodation.

Leader means a member who posts accommodation/activity on Midstay, taking the lead to find and connect with other members to book that accommodation/activity together. The Leaders are creating pooling to bring people together but in no cases are making profit on the given accommodation/activity.

Intellectual Property Rights include copyright and all rights existing anywhere in the world conferred under statute, common law, or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. Intellectual Property has a consistent meaning and includes any enhancement, modification, or derivative work of the Intellectual Property.

Lifestyle Partners means Midstay’s service where we connect local lifestyle partners,  including but not limited to cafes, spa centers, gym centers, coworking spaces, Local NGOs, and yoga centers, to collaborate and provide service to Midstay members.

Listing means an accommodation/activity that is listed by a Midstay member called Leader. As available for booking via the third-party booking site, application, and services.

Member means an individual, a body corporate, an association of persons (whether corporate or not) who completes Midstay’s account registration process as described under “Account Registration” below.

Midstay Content means all Content that Midstay makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

Midstay Software means the software owned by us (and our licensors) that is used to provide the Services.

Objectionable includes being objectionable, defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.

Personal information means information about an identifiable, living person.

Safety Partners means Midstay’s service where we connect local legal partners,  including but not limited to visa agents and insurance companies, to collaborate and provide service to Midstay members.

Services means the service has the core functionality described on the Website, as the Website is updated from time to time.

Terms means these terms are titled Midstay terms and conditions.

User Content means all Content that a Member Listings, uploads, publishes, submits, transmits, or includes in their Listing, Member profile, or Midstay promotional campaign to be made available through the Site, Application, or Services.

We, us or our means Midstay.

Website means the internet site at www.midstay.com and www.app.midstay.com or such other site notified to you by us.

 

  1. ELIGIBILITY AND SCOPE

1.1 General. To use the Service and Websites you must be, and represent and warrant that you are, at least 18 years of age and competent to agree to these Terms. If Midstay has previously prohibited you from accessing or using the Service and Websites, you are not permitted to access or use the Service and Websites.

1.1.1 Warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years of age) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and

1.1.2 You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a Minor) create a Customer account and/or use the Site, you agree to: (i) supervise the Minor’s use of the Site and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Site and their Customer account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations, and warranties contained in the Terms on the Minor’s behalf.

1.2 By using our Services and subscribing on our Site, you acknowledge that you have read, understood, and accepted this Agreement and you have the authority to act on behalf of any person or entity for whom you are using the Services, and you are deemed to have agreed to this Agreement on behalf of any entity for whom you use the Services. 

  1. HOW THE SITE, APPLICATION, AND SERVICES WORKS

2.1 HOMEPOOLING

Homepooling service can be used to facilitate people (the Leaders or Housemates) to talk and join together into an accommodation. And such accommodations are included in listings on the Site. If you wish to contact the leader, create a Listing, or find housemates, you must first register to create a Midstay Account (defined below).

As stated above, Midstay makes available an online platform for renters, hosts, or housemates to meet online and arrange an Accommodation directly with each other. Midstay is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Midstay does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel Services. Nor is Midstay a Host, Host agent, real estate broker, agent or insurer. Unless explicitly specified otherwise in the Midstay platform, Midstay’s responsibilities are limited to facilitating the availability of the Site, Application and Services, and is not a party to any contract or agreement, whether written or oral, between Housemates.

Please note that, as stated above, the Site, application and Services are intended to be used to facilitate Housemates connecting and booking Accommodations directly with each other outside of Midstay. Midstay offer a platform that allow like-minded people to meet and connect each other but Midstay cannot and does not control the content contained in any listings and the condition, legality or suitability of any Accommodations. Midstay is not responsible for and disclaims any and all liability related to any and all listings and accommodations, including the condition or habitability of any accommodations. Accordingly, any bookings, tenancy, contracts, agreements, safety, security, losses, or claims will be made or accepted at the Member’s own risk. 

2.2 LIFESTYLE PARTNER, ACTIVITY PARTNER, SAFETY PARTNER

Midstay is not a travel insurance or visa agent, we facilitate by connecting our members to verified local partners that take care of these services. Please refer to their policies if you have any questions. Midstay’s responsibilities are limited to facilitating the experience of getting these services. Midstay is not responsible for and disclaims any and all liability related to any and all our partners (Lifestyle, Activity, and Safety partners listed on the Platform)

Data on Midstay is fetched from lots of third-parties input, data sets, and public APIs. By the nature of the data, it’s impossible to get it completely accurate. Therefore, we accept no responsibility for any loss, injury, or inconvenience resulting from using Midstay’s websites and apps. You should verify critical information (like visas, health, and safety) before you travel. Most countries do require a working/business visa if you’d like to work there. Working on a tourist visa is probably illegal. Please make sure you verify all of a country’s requirements for travel with its embassy and your embassy before you travel. Many cities may be dangerous for tourists and travelers, make sure you stay safe and verify which areas to avoid with your local embassy before traveling.

  1. ACCOUNT REGISTRATION AND USE

3.1 Account Registration and Confidentiality. To access the Service and Websites, you must register for a Midstay account by creating a username and password. You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. We may assume that any communications we receive under your account have been made by you. If you are a billing owner, an administrator, or if you have confirmed in writing that you have the authority to make decisions on behalf of a Customer (“Account Administrator”), you represent and warrant that you are authorized to make decisions on behalf of the Customer and agree that Midstay is entitled to rely on your instructions.

3.2 Unauthorized Account Use. You are responsible for notifying us at helloworld@mid-stay.com if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. Midstay will not be liable for any loss, damages, liability, expenses, or attorneys’ fees that you may incur as a result of someone else using your password or account, either with or without your knowledge and/or authorization and regardless of whether you have or have not advised us of such unauthorized use. You will be liable for losses, damages, liability, expenses, and attorneys’ fees incurred by Midstay or a third party due to someone else using your account. In the event that the Account Administrator or Customer loses access to an account or otherwise requests information about an account, Midstay reserves the right to request from the Account Administrator or Customer any verification it deems necessary before restoring access to or providing information about such account in its sole discretion.

  1. OUR PROPRIETARY RIGHTS

The Service and Websites are owned and operated by Midstay and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Midstay and its partners, as well as other sources, and are protected by Singapore copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws. The Service and Websites are also protected as a collective work or compilation under Singapore copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service and Websites. You acknowledge that the Service and Websites have been developed, compiled, prepared, revised, selected, and arranged by Midstay and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute the valuable intellectual property of Midstay and such others. You agree to protect the proprietary rights of Midstay content and all others having rights in the Service and Websites during and after the term of these Terms and to comply with all written requests made by Midstay or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Service and Websites. You agree to notify Midstay immediately upon becoming aware of any claim that the Service and Websites infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Service and Websites shall, as between you and Midstay, at all times be and remain the sole and exclusive property of Midstay. Any unauthorized use of any material contained on or through the Service and Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

  1. USER CONTENT AND FEEDBACK

5.1 User Content and Submissions on the Service. The Service allows you to create tasks and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Service is subject to the following terms:

5.1.1 Free User Content. Free Users maintain ownership of the User Content that they submit to the Service (“Free User Content”). By submitting Free User Content, Free Users grant Midstay a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that Free User Content, as permitted by Midstay’s Privacy Policy, including if required to do so by law or in good faith to comply with legal process. We reserve the right to remove any Free User Content on the Service that violates these Terms or that is otherwise objectionable in Midstay’s sole discretion.

5.1.2 Content submitted to the Service by Subscribers (“Subscriber User Content”) is owned and controlled by the Customer as set forth in the introduction to these Terms and the Customer Agreement. Midstay maintains a limited, non-exclusive, and non-transferable (except in connection with the sale or transfer of its business) license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display Subscriber User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that such Subscriber User Content is in violation of the Customer Agreement or these Terms; (iv) to comply with a valid legal subpoena, request, or other lawful process that meets the requirements of the Customer Agreement and our Law Enforcement Guidelines; and (v) as otherwise set forth in our Customer Agreement or as expressly permitted in writing by the Customer.

5.2 Feedback on the Websites. The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to Midstay and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant Midstay a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other Midstay marketing materials and where required to do so by law or in good faith to comply with legal process.). We reserve the right to remove any Feedback posted in public forums for any reason at our sole discretion.

5.3 User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights. You understand that Midstay does not control, and is not responsible for, User Content or Feedback, and that by using the Service and/or Websites, you may be exposed to User Content or Feedback from other users that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Please also note that User Content and Feedback may contain typographical errors, other inadvertent errors or inaccuracies. You agree that you will indemnify, defend, and hold harmless Midstay for all claims resulting from User Content or Feedback you submit through the Service and/or Websites. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.

  1. LICENSE AND ACCEPTABLE USE

6.1 Your License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Service and Websites only for your own internal use (or, for Subscribers, uses authorized by the Customer), and only in a manner that complies with all legal requirements that apply to you or your use of the Service and Websites, including the Midstay Privacy Policy and these Terms. Midstay may revoke this license at any time, in its sole discretion.

6.2 Acceptable Use. All Users must comply with the following rules regarding acceptable use of the Service and Websites. Disruption of the Service. You may not:

  • access, tamper with, or use non-public areas of the Service and Websites, Midstay’s computer systems, or the technical delivery systems of Midstay’s providers;
  • probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
  • access or search the Service and Websites by any means other than Midstay’s publicly supported interfaces (for example, “scraping”);
  • attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time); or
  • interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service and Websites, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service and Websites.

Misuse of the Service and Websites. You may not utilize the Service and Websites to carry out, promote or support:

  • any unlawful or fraudulent activities;
  • the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • activities that are defamatory, libelous, or threatening, constitute hate speech, harassment, or stalking;
  • the publishing or posting of other people’s private or personal information without their express authorization and permission;
  • the sending of unsolicited communications, promotions advertisements, or spam;
  • the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
  • the promotion or advertisement of products or services other than your own without appropriate authorization.

User Content Standards Within the Service and Websites. You may not post any User Content on the Service or Websites that:

  • violates any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
  • is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited children), defamatory, libelous, or threatening, constitutes hate speech, harassment, or stalking;
  • contains any personal information of minors;
  • contains any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Midstay’s prior written consent granted as part of a Customer Agreement;
  • contains viruses, bots, worms, or similar harmful materials; or
  • contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.

Violations of this Section 6. In addition to any other remedies that may be available to us, Midstay reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Service or Websites, upon notice and without liability for Midstay should you fail to abide by the rules in this Section 6 or if, in Midstay’s sole discretion, such action is necessary to prevent disruption of the Service or Websites for other users. If you are a Subscriber, Midstay reserves the right to notify the Customer’s Account Administrator(s) or another Customer representative (s) of any violations of these Terms.

  1. SUBSCRIPTIONS

7.1 Some parts of the Service are made available on a paid subscription basis (“Subscription(s)”). Pricing and included features for the Subscriptions (“Subscription Plan(s)”) are set forth here: Midstay pricing plan page. “Subscription Fees” means all fees associated with your Subscription. You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly, 3-months or yearly basis. 

7.2 Auto-Renewal: You agree that at the end of each Billing Cycle, your Subscription will automatically renew and your payment method for such Subscription will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that Billing Cycle, under the same conditions as the prior Billing Cycle unless you cancel your subscription prior to your renewal date.

7.3 A valid payment method, including credit card, is required to process the payment for your Subscription. You must provide Midstay with accurate and complete billing information including full name, address, state, zip code, and valid payment method information. By submitting such payment information, you automatically authorize Midstay to charge all Subscription Fees incurred through your account to any such payment instruments.

7.4 Should automatic billing fail to occur for any reason, Midstay may attempt to charge the credit card on file one or more times. Should payment continue to fail, the Subscription will be, at Midstay’s sole discretion, canceled or downgraded and you may lose access to certain paid features and Midstay account.

7.5 You may cancel your subscription either through your online account management page or by contacting Midstay customer support team at helloworld@mid-stay.com and indicating your intention to cancel your Subscription.

  1. MODIFICATION

Midstay reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to immediately cease using the Site, Application and Services.

  1. FEES AND FEE CHANGES

9.1 Midstay, in its sole discretion and at any time, may modify the Subscription Fees for the Subscriptions. Any Subscription fee change will become effective at the end of the current Billing Cycle.

9.2 Midstay will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service constitutes your agreement to pay the modified Subscription Fees.

9.3 Subscription Fees are stated exclusive of any taxes or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). You will be responsible for paying all Taxes associated with your Subscription, except for those taxes based on our net income. Should any payment for the Service be subject to withholding tax by any government, you will reimburse us for such withholding tax.

  1. REFUNDS

Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used subscription periods.

  1. COMMUNICATION FROM MIDSTAY

By creating an account on our Service, you agree to subscribe to newsletters or marketing materials and other promotional information we may send. However, you may opt-out of receiving any, or all, of these marketing communications from us by following the unsubscribe link or instructions provided in any email we send. Please note that we may still send you transactional or administrative messages related to the Service even after you have opted out of receiving marketing communications.

  1. TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, we provide a tool to do so. You may request to delete your own account at any time from within our account management page. Upon requesting to delete the account, all Content from such account will immediately become inaccessible. After 30 days, User Content will be deleted from our servers and can no longer be recovered. Similarly, if you delete some (but not all) of the User Content, after 30 days, such User Content will be deleted from our servers and can no longer be recovered.

  1. WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY

The service and websites and user content, whether provided by Midstay, its licensors, its vendors or its users, and other information on or accessible from the service and websites are provided “as is” without warranty, representation, condition, or guarantee of any kind, either expressed or implied, including but not limited to any implied warranties, representations, conditions or guarantees of quality, merchantability, fitness for a particular purpose, or non-infringement, all of which are disclaimed to the fullest extent permitted by law. Specifically, but without limitation, Midstay does not warrant that: (i) the information available on the service and websites is free of errors; (ii) the functions or features (including but not limited to mechanisms for the downloading and uploading of user content) will be uninterrupted, secure, or free of errors; (iii) defects will be corrected, or (iv) the service and websites or the server(s) that make the service and websites available are free of viruses or other harmful components. In no event shall Midstay or its affiliates, licensors, vendors, or any of their respective directors, officers, employees, agents, or other representatives be liable to you or any other person or entity for any indirect, special, incidental, consequential, or punitive damages (including, but not limited to, damages for loss of profits, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection with the service and websites, any materials, information, or recommendations appearing on the service and websites, or any link provided on the service and websites, whether or not Midstay has been advised of the possibility of such damages and whether based upon warranty, contract, tort, strict liability, violation of the statute, or otherwise. This exclusion of liability shall apply to the fullest extent permitted by law. In any event, our aggregate liability will not exceed the amount paid for the service or websites to which the claim relates or if the claim does not relate to a product or service. Midstay does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the service and websites or any website featured or linked to through the service and websites, and Midstay will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or service and websites. Midstay will not be liable for the offensive or illegal conduct of any third party. you voluntarily assume the risk of harm or damage from the foregoing. the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.

  1. INDEMNITY

You agree to indemnify, defend, and hold Midstay and its respective officers, directors, employees, members, shareholders, contractors, or representatives (and all successors and assigns of any of the foregoing), harmless from and against any claim or demand, including without limitation, reasonable attorneys’ fees, and disbursements, made by any third party in connection with or arising out of your use of the service and websites, your connection to the service and websites, your violation of the terms or Midstay’s privacy policy, your violation of applicable law, your submission, posting, or transmission of user content to the service and websites, and/or your violation of any rights of another individual or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event, you will cooperate with us in asserting any available defenses.

  1. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

It is agreed that all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of Singapore applicable to contracts wholly made and to be performed within Singapore; to irrevocably submit to the sole and exclusive jurisdiction of the courts of Singapore; and to irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Singapore is an inconvenient forum.

In the event of any dispute, claim, question, or disagreement arising from or relating to this Agreement or the breach thereof (collectively “Dispute”), the relevant User and Multiplier (collectively referred to as “Disputing Parties” and individually as “Disputing Party”) will use their best efforts to settle the Dispute.

15.1 Meeting. Such efforts will include, at a minimum, that they consult, meet in person or by video call, and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both the Disputing Parties.

15.2 Arbitration. If after 10 (ten) days of consultation, the Disputing Parties fail to reach an amicable settlement, on any or all of the Disputes, such Disputes shall be submitted to final and binding arbitration at the request of any of the Disputing Parties upon written notice to that effect to the other Disputing Party. In the event of such arbitration:

(a) The arbitration shall be in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”), in force at the relevant time (which is deemed to be incorporated into this Agreement by reference);

(b) All proceedings of such arbitration shall be in the English language. The venue and place of the arbitration shall be Singapore, which shall be the seat of the arbitration;

(c) The arbitration shall be conducted a sole arbitrator appointed jointly/collectively by the Disputing Parties. In the event that the Disputing Parties are unable to agree on a sole arbitrator within 15 (fifteen) days following submission of the Dispute to arbitration, the sole arbitrator shall be appointed in accordance with the rules of the SIAC;

(d) Arbitration awards shall be reasoned awards and shall be final and binding on the Disputing Parties;

(e) The existence or subsistence of a dispute between the Disputing Parties, or the commencement or continuation of arbitration proceedings, shall not, in any manner, prevent or postpone the performance of those obligations of the Disputing Parties under these terms and conditions or any contract currently subsisting between the Disputing Parties which are not in dispute; and

(f) The costs of arbitration shall be shared equally by the Disputing Parties thereto. 

15.3 Exception: Each Party agrees that the protection of the Confidential Information shared is necessary and reasonable in order to protect the disclosing Party and its business. Each Party expressly agrees that due to the unique nature of the Confidential Information, monetary damages would be inadequate to compensate for any breach of its covenants and agreements set forth in this Agreement. Accordingly, each Party agrees and acknowledges that any such violation or threatened violation would cause irreparable injury and that, in addition to any other remedies that may be available, in law, in equity or otherwise, the disclosing Party will be entitled to obtain injunctive relief against the threatened breach or continued breach by the receiving Party, without the necessity of proving actual damages.

15.4 Changes to This Section. Midstay will provide thirty (30) days’ notice of any changes to this section by posting on the Service and Websites. Amendments will become effective thirty (30) days after they are posted on the Service and Websites or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Service and Websites.

15.5 Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Service and Websites.

15.6 Contact. If you have any questions about the legal section, please contact us at helloworld@mid-stay.com.

  1. CONTROLLING LAW AND SEVERABILITY

These Terms shall be construed in accordance with and governed by the laws of Singapore notwithstanding its conflicts of law principles. Any dispute arising out of these terms and conditions or the use of this site shall be initiated and conducted in the state or federal courts of Singapore, and you and Midstay consent to the exclusive jurisdiction of such courts.

  1. GENERAL TERMS

17.1 Force Majeure. Under no circumstances shall Midstay or its licensor or supplier be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

17.2 No Waiver. No waiver of any provision of these Terms will be binding unless in writing, no waiver of any provisions of these Terms will be deemed a further or continuing waiver of such provision or any other provision, and the failure of Midstay to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. If an arbitrator or a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

17.3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

17.4 Statute of Limitations. Except for residents 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 the use of the Service and Websites and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

17.5 Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Midstay and govern your use of the Service and Websites, and supersede any prior agreements between you and Midstay on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Midstay without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Midstay. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. If you are using the Service and Websites for or on behalf of the Singapore government, your license rights do not exceed those granted to non-government consumers. The section titles in these Terms are for convenience only and have no legal or contractual effect. Any provision of these Terms that by its nature is reasonably intended to survive beyond termination of these Terms shall survive.

17.6 Notices. We may deliver notice to you by e-mail, posting a notice on the Service and Websites, or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:

MIDSTAY PTE. LTD.

Address:

160 Robinson Road

#14-04 Singapore Business Federation Centre

Singapore

068914

 

Email: helloworld@mid-stay.com

  1. QUESTIONS

If you have any questions about these Terms, please contact us at helloworld@mid-stay.com.