These Terms and Conditions (the “ Terms”) govern the legally binding relationship between you and us when you use our Website and/or Mobile App and the Services that we provide.

In these Terms, references to “ us”, “ we”, “ our”, or “ CherryGO” shall mean CherryGo Sdn. Bhd., a company registered in Malaysia with its registered address at 8-10-07, Menara Mutiara Bangsar, Kuala Lumpur. When we refer to " you", we mean any person or entity that accesses or uses the Services.

Bookings made through our Website, Mobile Application, or via our employees or authorised representatives through telephone, email, instant messaging applications, or any other form of communication shall be subject to these Terms. A person making the Booking on behalf of other person(s) shall be taken to have the authority to agree to these Terms on behalf of any other person(s).

BY USING OR ACCESSING THE WEBSITE, MOBILE APP, OR SERVICES, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.

1 Definitions

In these Terms:

1.1 Headings are for reference purposes only and shall not aid in the interpretation of the clauses to which they relate.

1.2 Unless the context clearly indicates otherwise, the use of any gender includes the other genders, the singular includes the plural and vice versa, and natural persons include legal entities and vice versa.

1.3 The following terms shall have the meanings assigned to them hereunder, namely:

Carrier: means the airline providing the services of carriage by air. When placing a Booking, the identity of the Carrier (including the identity of the Carriers of any connecting flights) for your Booking will be made known to you. You accept that, due to circumstances beyond our control, the operating Carrier of your flight may be different from the one displayed at the time of your Booking. As such, it is important that you verify flight details prior to your departure;

Change Fees: means any fees charged by us and/or the Service Provider in the event of changes to a Booking or any part of a Booking, including voluntary changes initiated by you, or changes initiated by the Service Provider. Change Fees may include, but are not limited to, (i) fees specified by the Service Provider based on their change policy, (ii) administrative or processing fees charged by us for handling the change, and (iii) any other charges incurred due to changes that affect the total cost of the Booking, such as adjustments in the Travel Product's pricing or availability by us or the Service Provider.

Mobile App: means the CherryGO mobile application that enables you to use or access the Services.

Service Provider: means the Carrier, Accommodation Provider, Activity Provider, or any other third party responsible for delivering the goods and/or service(s) purchased as part of a Booking. For the avoidance of doubt, where a Booking involves multiple Service Providers, each Service Provider is to be taken as a separate entity responsible only for the provision of their respective part(s) of the goods and/or service(s) under the Booking;

Services: means the Booking facilitation services provided by us on the Website, Mobile App, and/or via manual operations in accordance with these Terms that enables you to purchase Travel Products. The Services we provide are further detailed in Clause 2 of these Terms;

Total Price: means the final price displayed immediately prior to the purchase or payment of each Booking, including any Additional Services selected by you during the Booking process;

Travel Product: means the products provided by Service Providers that we offer on our Website and/or Mobile App, namely, accommodation, flights, activities, and/or any Additional Services purchased during your Booking;

CherryGO Account: means the registered account you use to log in to the Website and/or Mobile App;

CherryGO Wallet: means the digital asset or cryptocurrency wallet associated with your CherryGO Account on the Website and/or Mobile App used to store your deposited funds or funds otherwise acquired by you; and

Website: means the website and platform located at CherryGO and all associated domains or subdomains at this URL.

2 Services

2.1 This clause outlines the contractual relationship between you and us, under which we provide Services related to the Travel Products sold to you in exchange for the Total Price. The following are the Services that we provide to you:

(i) Displaying information and pricing of Travel Products on the Website and/or Mobile App;

(ii) Provision of Website and/or Mobile App functions that enable you to select, use or access the Services to make Bookings and purchase Travel Products;

(iii) Facilitation of the contract(s) between the relevant Service Provider(s) and you, where applicable; and

(iv) Delivery of the Booking Confirmation(s) resulting from your Booking(s).

2.2 You agree to be bound by these Terms when you complete and submit your online order on the Website and/or Mobile App in relation to your Booking, and when we subsequently confirm receipt of your payment. Where your Booking is completed via any other method other than through the Website and/or Mobile App (e.g., where one of our employees or authorised representatives places the order based on your choices or instructions), these Terms will apply on the basis of your explicit and binding offer to purchase a Booking following the provision of all relevant information in relation to your Booking by us to you.

2.3 By purchasing a Booking, you represent and warrant that you have the legal capacity to enter into and be bound by these Terms, and that you have read and understood the terms and conditions or policies, as well as any other relevant materials, of the relevant Service Provider(s).

2.4 You accept that you are solely responsible for ensuring that all information provided by you to us during the Booking process is accurate and up to date, including but not limited to, passenger details, travel dates, departure points, transit points and destinations. You further accept that we shall bear no liability for any inaccuracies in the information provided, and that it is your sole responsibility to verify the accuracy of any documents you receive from us in relation to your Booking, including any Booking Confirmation(s).

2.5 If you wish to derive the benefits associated with a particular frequent flyer program when purchasing a Booking for a flight with a Carrier, you acknowledge that it is your responsibility to provide us with your frequent flyer number, either during the Booking process in the relevant section of the Booking form on the Website and/or Mobile App or via correspondence with us at any time before your departure. You accept that we will not be liable for any foregone frequent flyer benefits under any circumstances.

2.6 You acknowledge that these Terms are separate from any terms, conditions, or agreements that you may enter into with the Service Provider(s) responsible for the fulfilment of your Travel Product. By proceeding with your Booking, you acknowledge that these are separate, mutually independent legal relationships conducted with independent parties.

2.7 We reserve the right to change or remove any Travel Products advertised on the Website and/or Mobile App without notice, including, but not limited to, where the Service Provider’s offer is changed or removed, or where a hardware or software malfunction or human error has occurred. This includes prices quoted to you, via email or any other method of correspondence. In some cases, the price of a Travel Product may change between the time that you select the Travel Product and the time the Booking Confirmation is issued. If a change of this nature occurs, we may not be able to ensure that you are notified of or aware of such changes in prices. However, we may provide you with a refund of your Booking. Notwithstanding, you accept that we are under no obligation to provide you with reimbursement of any kind if the price of a Travel Product changes between the time that you select the Travel Product and the time the Booking Confirmation is issued.

3 CherryGO Account

3.1 In order to use the Services, you may be required to create a CherryGO Account. As part of the registration process, you will need to provide certain information that enables us to create your CherryGO Account. You acknowledge that your CherryGO Account login credentials, including, where applicable, any other forms of authentication, are accurate and representative of you. It is your responsibility to ensure the confidentiality of your CherryGO Account login credentials (including your password) and any other forms of authentication. You further acknowledge that your disclosure of login credentials and/or other forms of authentication to third parties, whether intentional or inadvertent, may negate our security measures and allow unauthorised access to your CherryGO Account, for which we will not be liable for any consequential damages or losses.

3.2 You acknowledge that you are solely responsible for maintaining the security of your CherryGO Account login credentials, including, where applicable, any other forms of authentication. You further acknowledge that you will be solely responsible for monitoring your CherryGO Account and for any actions conducted on your CherryGO Account. You agree to notify us immediately upon becoming aware of any unauthorised access to or use of your CherryGO Account.

3.3 We may terminate or suspend access to the Website, Mobile App and/or your CherryGO Account or your ability to use the Services, in whole or in part, for any reason at our sole discretion and without notice or liability of any kind. Any such termination or suspension could prevent you from accessing the Website, Mobile App and/or your CherryGO Account temporarily or permanently.

3.4 You may opt to terminate your CherryGO Account at any time. By terminating your CherryGO Account, you agree to discontinue your use of any and all parts of the Services. To terminate your CherryGO Account, please Contact Us.

4 Travel Requirements

4.1 Our employees or authorised representatives may be able to assist you with information pertaining to passports, visas, and other travel documents you may require for your trip. You accept that while we may assist in providing such information to you, the information that we provide is general in nature and it is ultimately your responsibility to ensure that you have the relevant documents required for your Booking(s). Consequently, any penalties, fines or additional expenses incurred as a result of the failure to obtain any required documents or information will be incurred solely by you.

4.2 Any customer who successfully purchases a Booking for a flight must hold a valid passport. It is mandatory that a valid passport is held by every person included in the Booking. If any of them does not have a valid passport, you must Contact Usimmediately. Please note that, in addition to holding a valid passport, many countries require passports to be valid for at least six (6) months from the date of return, and some countries may require passports to be machine-readable. In addition to ensuring that all persons in the Booking have valid passports, they must, where applicable, also obtain visas and re-entry permits that satisfy immigration requirements and any other relevant laws, including for countries that they may only be transiting through.

4.3 If you have any special requirements, such as dietary requirements, seating arrangements, disabled access, or any other special requests, please make these requests during the Booking process or Contact Usimmediately following the purchase of your Booking to allow as and/or the relevant Service Provider(s) much time as possible for your requirements to be met. You accept that, while we will utilise reasonable efforts to accommodate your special request(s), we cannot guarantee that your special request(s) will be honoured by the Service Provider(s).

5 Booking Confirmations

5.1 A Booking Confirmation will be delivered to you electronically to the email address provided by you after successful payment and completion of each Booking. You acknowledge that it is your responsibility to ensure that the email address you provide is entered correctly and agree to notify us immediately upon becoming aware of any error in the details entered or provided during a Booking. We shall not be liable for any delay or failure to deliver your Booking Confirmation where such delay or failure is due to fault on your part. The Service Provider or other relevant authorities may require you to present any of the following documents in either electronic or printed format: your itinerary/e-ticket(s), boarding pass(es), visa(s), passport, and/or any other relevant travel document.

5.2 Certain conditions or restrictions may be imposed on Booking Confirmation(s) by us and/or Service Providers, such as being non-refundable or subject to Change Fees or Cancellation Fees. You accept that it is your responsibility to carefully review each Booking Confirmation and any attached documents upon receipt, to ensure that the details are accurate, and that you accept the conditions or restrictions associated with each Booking.

5.3 Booking Confirmations are non-transferable. Where a Booking for a flight is purchased, the Booking Confirmation must be accurately issued in the name of the passport/photo identity holder (i.e., including first, middle and last names). It is your responsibility to ensure that the details on your Booking Confirmation are correct and accurate. This includes confirming that the name, date of birth, and document number for all persons are correct. If there is a mistake or inaccuracy in your Booking Confirmation, such as an incorrect name, date of birth, or document number, please Contact Usimmediately.

5.4 You accept that any health requirements or precautions associated with your Booking are your sole responsibility. Please ensure that you have the relevant health or vaccination documentation if the country you are travelling to requires such proof. It is also advisable to visit your general practitioner or vaccination clinic to see if any vaccinations or health precautions are required for or applicable to your Booking.

6 Travel Insurance and Travel Advice

6.1 Unforeseen circumstances may arise when travelling. For this reason, it is recommended that you consider whether you require travel insurance, especially for international travel. It is advisable that your travel insurance covers medical expenses, personal injury, death, loss of luggage, loss of money, cancellation, and personal liability. Please note that while we do not sell travel insurance, Service Providers may provide you with travel insurance products. You accept that we shall bear no liability for any insurance-related products or information that may be found on our Website and/or Mobile App, or for your decision to purchase or not purchase insurance relevant to your Booking.

6.2 General and country-specific travel advice is provided by most governments. While we or our Service Providers may be able to offer general information to you in relation to country-specific travel advice, we make no representations or warranties as to the accuracy of such information and shall bear no liability for any resulting losses or damages arising from reliance on this information. While travel is generally undertaken without issue, certain destinations may present heightened risks. You accept that it is your responsibility to review any relevant news, information or advisories, as well as travel advisories or warnings issued by relevant governmental authorities prior to making any Booking. Additionally, you are advised to monitor relevant news, information and advisories throughout the duration of your trip and prior to your return in order to mitigate any potential risks or disruptions. You acknowledge that it is your responsibility to ensure that your country of departure permits you to visit the destination of your Booking or any countries you may transit through. You accept that we shall bear no liability for any Change Fees, Cancellation Fees, or any other fees that you may incur as a result of any consequential changes to or cancellations of your Booking, or your inability to use or redeem your Booking.

7 Changes, Cancellations and Refunds

7.1 The applicable cancellation policy of the Travel Product may be displayed prior to your completion of the online Booking process or in the Booking Confirmation. Please ensure that you carefully read and accept the cancellation policy applicable to your selected Travel Product as the cancellation policy may vary between Service Providers and the respective Travel Products that are offered. You acknowledge that any cancellation of a Booking shall be subject to these Terms as well as the respective Service Provider cancellation terms/policies and may be subject to Cancellation Fees.

7.2 Voluntary changes to Bookings can only be requested up to 72 hours before the use or redemption time and date relevant to each Booking. If you voluntarily cancel or make changes to your Booking, we and/or the Service Provider may charge Cancellation Fees or Change Fees, respectively. Voluntary cancellations or changes to Bookings cannot be reversed once requested by you. While we will utilise reasonable efforts to assist with your change requests, you accept that if we are unable to do so, it is your sole responsibility to make these arrangements directly with the relevant Service Provider(s).

7.3 You accept that some Bookings may be non-refundable, and in such circumstances, we are unable to provide you with a refund. Where you request for voluntary cancellation of a Booking that may be refundable, please be aware that we nevertheless require time to review with the Service Providers and thus cannot be immediately certain of the refund amount that you may receive. If you arrive or redeem late, or on a different date than scheduled in your Booking Confirmation, leave before the conclusion of the Travel Product, or fail to arrive (no-show), no refunds will be issued. You accept that, in some cases, you may be charged Cancellation Fees by us and/or the Service Provider if the amendment is made after a certain date or where certain conditions, determined by us and/or the Service Providers, are met. When you cancel a Booking, the Booking may be cancelled for all persons who are part of the Booking.

7.4 We do not guarantee that any requested cancellation or change to a Booking will be effective. You acknowledge that the effectiveness of any cancellation or change is subject to the policies of the respective Service Provider(s), and thus may be rejected or subject to Cancellation Fees and/or Change Fees. You accept that we shall not be liable for any failure or delay in processing such cancellations or changes, or for any consequences that may arise as a result of such failure or delay, including but not limited to forfeited payments or lack of availability of alternative arrangements.

7.5 If your Booking is cancelled or changed by the Service Provider, we will utilise reasonable efforts to notify you of the corresponding cancellation or change as soon as practicable. You accept that we shall not be liable for such cancellations or changes as well as any consequences that may arise in connection with such cancellations or changes, including any associated Cancellation Fees or Change Fees.

7.6 If you wish to modify the dates or other details of your Booking, please Contact Us, subject to the applicable Booking terms allowing such changes. For other types of modifications related to your Booking, please Contact Us, subject to the applicable Booking terms allowing such modifications and any associated Change Fees. You acknowledge that reservations not amended through the Website, Mobile App, or our employees or authorised representatives may be subject to Cancellation Fees amounting to up to 100% of the Total Price.

7.7 In the event of a confirmed Booking becoming unavailable before the use or redemption date, we will offer a full refund in accordance with our refund policy in Clause 7.8 below. Where we have prior notice, we will attempt to inform you by email. However, if upon your attempted use or redemption, the original Travel Product specified in your Booking Confirmation(s) is unavailable due to circumstances including but not limited to flight cancellations, schedule changes, overbooking of accommodations, closure of venues, maintenance issues, or any other reasons that otherwise prevent the provision of the Travel Product, you accept that the Service Provider shall be responsible for finding you substitute Travel Product(s) and/or for providing you with a refund. You acknowledge that in such circumstances we will not be liable for providing you with either a refund or substitute Travel Product(s).

7.8 If you are entitled to a refund, either in part or in full, the refund amount that you are entitled to will be processed upon our receipt of cleared funds from the relevant Service Provider(s). Where a refund is due to you, and we have received your cancellation or amendment instructions, we may, at our sole discretion, issue the refund to your credit card, debit card, or in CherryGO travel credits, within seven (7) days after we have received the applicable refund sum from the respective Service Provider. You accept that in the event that your initial payment for the Booking was made through digital assets or cryptocurrencies (except for payments made with Binance Pay and Crypto.com pay), due to digital asset or cryptocurrency market price/value volatility and regulatory requirements, we are only able to refund digital asset or cryptocurrency payments with CherryGO travel credits.

8 Promotions and Discounts

8.1 We may, from time to time, offer promotions, discounts, sign-up bonuses, or other forms of incentives (“ Promotions”) that provide you with a benefit. Promotions are subject to these Terms unless otherwise specified. In the event of any discrepancy between these Terms and the terms applicable to a specific Promotion, the terms of the Promotion shall prevail.

8.2 As part of a Promotion, the benefit you receive may be in the form of CherryGO travel credits that may be used for Travel Products available on the Website and/or Mobile App from time to time (“ Promo Credits”). Promo Credits you receive, or claim may only be redeemed once.

8.3 Promotions do not have a cash value, are not transferable, and cannot be redeemed for cash.

8.4 A Promotion may not be used in conjunction with any other Promotions whether offered by us or by a third party, including, but not limited to, the AVA Smart Program, or the Best Price Guarantee.

8.5 If local laws prohibit or restrict the offer of any Promotion or any part of the Promotion, that Promotion shall be void to the extent that is prohibited or restricted.

8.6 If we become aware of or reasonably suspect that, in participating in a Promotion, you have:

(i) breached these Terms;

(ii) made illegitimate Bookings with the view to exploit the Promotion; or

(iii) otherwise engaged in activities that undermine the integrity or fairness of the Promotion,

we reserve the right to cancel any associated Bookings you have made.

8.7 If a Promotion was applied to a Booking and that Promotion and/or Booking is cancelled for any reason, the value of the Promotion is forfeited, and you will not be entitled to any refund or other compensation.

8.8 We reserve the right to cancel or vary the conditions of a Promotion at any time at our sole discretion.

9 Acceptable Use

9.1 In using the Services, you agree and warrant that you:

(i) will use the Website and/or Mobile App strictly for personal and non-commercial purposes only and you acknowledge that use of the Website and/or Mobile App for any other purpose is prohibited;

(ii) will not gather, extract, reproduce and/or display on any other website or other online service, any material on or from the Website and/or Mobile App, specifically including information relating to Travel Product pricing and availability, whether using robots, spiders, or other "screen scraping" software or system used to extract data;

(iii) will not use the Website and/or Mobile App to provide CherryGO’s Bookings or details of Travel Product pricing and availability or other information to any other persons or organisations, other than for your personal and non-commercial use;

(iv) will not engage in any act that would constitute a breach of privacy (including uploading private or personal data, or information without a person’s consent) or infringe upon the legal rights of any person;

(v) will not use the Website and/or Mobile App while impersonating another person;

(vi) will not use the Website and/or Mobile App to defame or libel us, our employees, authorised representatives, or other persons;

(vii) will not transmit any viruses, Trojan horses, worms, or other items that may cause damage to our property or the property of other persons;

(viii) will not post or transmit to this Website and/or Mobile App any non-authorised material, including but not limited to material that, in our opinion, is likely to cause annoyance or is defamatory, racist, obscene, threatening, pornographic, or otherwise harmful, inappropriate, or detrimental to or in violation of our systems or a third party’s systems or network security;

(ix) will not tamper with, hinder the operation of, or make unauthorised modifications to the Website and/or Mobile App (including deleting data from the Website and/or Mobile App without our permission);

(x) will not breach any third party’s rights (including intellectual property rights and obligations of confidentiality owed to third parties) or infringe any applicable laws in using the Website and/or Mobile App;

(xi) will not attempt to gain unauthorised access to the Website and/or Mobile App, user accounts, or computer networks or systems connected to the Website and/or Mobile App through hacking, password mining, or any other means; and

(xii) will not use the Website and/or Mobile App for any other purpose that is either unlawful or not allowed under these Terms.

9.2 To make a Booking on the Website and/or Mobile App, you must be at least 18 years of age (or the legal minimum age in countries where the legal minimum age is greater than 18). By entering into this agreement, you confirm that you possess the legal authority and necessary minimum age to use the Website and/or Mobile App in accordance with these Terms. You accept that we will not compensate you or anyone else for any expenses incurred, or losses or damages arising as a result of minors using the Services, including any Bookings placed by minors.

9.3 Unless otherwise indicated, we own, or licence from third parties, all rights, title, and interest (including, without limitation, copyright, designs, patents, trademarks and other intellectual property rights) contained on the Website and/or Mobile App and in all of the material (including, without limitation, all text, graphics, logos, audio, software, and other digital assets) made available on the Website and/or Mobile App (“ Content”). Your use of the Website and/or Mobile App and use of and access to any Content does not grant or transfer any rights, title, or interest to you in relation to the Website and/or Mobile App or the Content. However, we do grant you a limited, personal, non-commercial, non-exclusive, non-transferable and non-sub-licensable licence to access the Website and/or Mobile App and view the Content in accordance with these Terms and, where applicable, as expressly authorised by us and/or our third-party licensors. Any unauthorised reproduction, redistribution, adaptation, or use of the Website and/or Mobile App or Content is prohibited and may result in penalties, including legal action. In addition, reproduction, adaptation, transmission, distribution, or uploading the Content to any other server, location, or platform for publication, reproduction, adaptation, or distribution, is expressly prohibited. All other use, copying, reproduction, or adaptation of the Website and/or Mobile App, the Content, or any part of the Website and/or Mobile App or Content, including modifications, translations, or derivatives, are prohibited, except to the extent permitted by applicable law. Nothing in these Terms shall be construed as granting, whether by implication, estoppel or otherwise, any licence or right to use any of CherryGO or its affiliated or related entities’ trade or service marks.

9.4 We will determine whether there has been a breach of these Terms based on your use of the Website and/or Mobile App. If a breach of these Terms has occurred, we may take such action as we deem appropriate, including denying you access to the Website and/or Mobile App, bringing legal proceedings against you, or disclosing such information to law enforcement authorities as we deem appropriate.

9.5 Our Website and/or Mobile App may contain links to other websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. We are not liable to you if interference with or damage to your devices, including but not limited to computers, smartphones, tablets, or other electronic systems occurs in connection with the use of the Website and/or Mobile App or any linked website. You must take your own precautions to ensure that whatever you select for your use from our Website and/or Mobile App is free of viruses or any other malware that may interfere with or damage the operations of your devices.

9.6 If we allow you to post any information to the Website and/or Mobile App, we have the right to take down this information at our sole discretion and without notice.

9.7 By using the Website and/or Mobile App, or by entering into correspondence with us through email, telephone, or other communication tools, you agree that we may communicate with you through methods including, but not limited to, email, telephone, messaging applications, and in-app notifications for Services-related communications. If you had opted-in for marketing emails and wish to unsubscribe, please click ‘Unsubscribe’ at the footer of any of our marketing emails or Contact Us. Please note that, if you did not opt-in, or if you unsubscribe from our marketing emails, you will still receive Services-related communications from us (including Booking Confirmations relating to any Bookings that you place).

9.8 If you do not agree with these Terms, you must not use the Services.

10 Role as Intermediary

10.1 The Services that we provide to you are in the capacity of an intermediary, facilitating the arrangement of Bookings with Service Providers for Travel Products. Except as otherwise expressly stated on the Website, Mobile App, and/or Booking Confirmation, CherryGO does not act as an agent for the Service Providers and is not a party to the contracts for the purchase or provision of Travel Products.

10.2 While we endeavour to select reputable Service Providers, we do not own or control any of the Travel Products offered on our Website and/or the Mobile App. Any Booking we facilitate on your behalf is subject to the terms and conditions of the Service Provider(s) responsible for delivering the Travel Product(s). These terms and conditions may be made available to you upon request. You accept that if there are issues with the provision of your Travel Product(s), or if the Service Provider otherwise fails to meet its contractual obligations, your legal recourse lies with the relevant Service Provider, and CherryGO will not be liable.

11 Representation

11.1 ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE SERVICES AND THEIR AVAILABILITY, SAFETY, OR RELIABILITY.

12 Limitation of Liability and Indemnification

12.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT DOES CherryGO NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OR AFFILIATES (INCLUDING AFFILIATED, SUBSIDIARY AND/OR PARENT COMPANIES) AND THEIR SUCCESSORS OR ASSIGNS ACCEPT LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DELAY, INCONVENIENCE OR ADDITIONAL EXPENSE WHICH MAY BE SUFFERED DUE TO (WITHOUT LIMITATION) YOUR USE OF, OR INABILITY TO USE, OUR SERVICES, SERVICE PROVIDERS OR OTHER THIRD PARTIES, FORCE MAJEURE EVENTS, OR EVENTS THAT WE CANNOT CONTROL OR WHICH COULD NOT HAVE BEEN PREVENTED BY REASONABLE DILIGENCE ON OUR PART. WE SHALL ALSO HAVE NO LIABILITY FOR ANY LOSSES OR DAMAGES THAT COULD HAVE BEEN AVOIDED OR MITIGATED BY YOUR REASONABLE EFFORTS.

12.2 YOU AGREE TO TAKE ALL REASONABLE STEPS TO MITIGATE ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM OR RELATED TO YOUR USE OF OUR WEBSITE, MOBILE APP, OR SERVICES. FAILURE TO DO SO MAY LIMIT YOUR ABILITY TO RECOVER DAMAGES OR SEEK COMPENSATION FROM US AND MAY ALSO GIVE RISE TO YOUR OBLIGATION TO INDEMNIFY US, AS SET OUT IN CLAUSE 13.5 BELOW.

12.3 IF IT IS DETERMINED THAT CherryGO IS LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM OR CONNECTED WITH YOUR USE OF OUR SERVICES, OUR MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE REISSUANCE OF YOUR BOOKING, CORRECTION OF THE DEFECTIVE PART OF YOUR BOOKING, OR PROVISION OF CherryGO TRAVEL CREDITS OR A REFUND FOR THE TOTAL PRICE OF YOUR BOOKING, BOTH ON A PRO-RATA BASIS.

12.4 IN THE EVENT THAT THIS CLAUSE 13 OR ANY PART THEREOF IS NOT FULLY ENFORCEABLE IN YOUR JURISDICTION, THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT POSSIBLE, AS PERMITTED BY APPLICABLE LAW.

12.5 You agree to fully defend, indemnify, and hold harmless us and our affiliated and related entities (including our affiliated, subsidiary, and/or parent companies) and their respective directors, officers, employees, agents, representatives, and their respective successors and assigns from and against any and all losses, damages, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of any kind, including legal fees and disbursements on a full indemnity basis, which arise from, or in connection with, your breach or alleged breach of these Terms or any other terms supplemental or related to these Terms, your violation of any applicable law or the rights of any third parties, and/or any other act or omission by you which is related or incidental to the subject matter of the Terms herein, whether or not involving a third party. This indemnification also applies to any of the aforementioned that could have been mitigated by your reasonable efforts but were not.

13 Miscellaneous

13.1 Changes to the Website and/or Mobile App. We may make improvements to, and/or change, the Website and/or Mobile App at any time. CherryGO and its affiliated and related entities make no representation about the suitability of the information, software, products and services contained on the Website and/or Mobile App for any purpose, and the inclusion or offering for sale of any products or services on the Website and/or Mobile App does not constitute any endorsement or recommendation of such products or services by CherryGO or its affiliated and related entities. All such information, software, products and services are provided "as is" and without warranty of any kind.

13.2 Our Connection to You. You agree that, by using our Services, no joint venture, agency, partnership, or employment relationship exists between you and us.

13.3 Service Provider Relations. CherryGO’s Service Providers are independent contractors and are not agents, representatives, or employees of CherryGO. You accept that CherryGO shall not be liable for any acts, errors, omissions, representations, warranties, breaches, or negligence by any Service Provider, nor for any losses, personal injuries, death, property damage, or other damages or expenses arising from any act or omission by a Service Provider.

13.4 Destination and Transit Risk. By offering Travel Products in international destinations on the Website and/or Mobile App, CherryGO does not warrant that travel to or transit through such destinations is without risk. Accordingly, you accept that CherryGO will not be liable for any damages or losses that may be incurred by you as a result of you travelling to or transiting through such destinations. It is your responsibility to check the relevant travel advisories issued by your country and, where applicable, the countries you are transiting through or visiting, and to take the necessary precautions. You further accept that CherryGO will not be held liable for any loss incurred in the event of your failure to hold the necessary passports, visas or documentation for your journey. You are solely responsible for conducting the necessary checks with the relevant embassies, consulates and/or visa departments from which you originate, through which you transit, and to which you visit.

13.5 Taxes. The tax chargeable on any Travel Product purchased via CherryGO is a recovery of all applicable transaction taxes that CherryGO pays to its Service Providers in connection with your travel arrangements. Taxability and the appropriate tax rate can vary greatly by location. CherryGO's actual tax cost paid to the Service Provider may vary from the tax recovery charge, depending upon the rates and taxability in effect at the time. You acknowledge that CherryGO and its affiliated and related entities are under no obligation to account to you or refund you in this regard.

13.6 Currency Rates. The currency rates displayed on the Website and/or Mobile App are for reference purposes only and are not verified or guaranteed by CherryGO to be accurate. These rates are may not be updated, and actual rates at the time of payment or conversion may vary.

13.7 Accuracy of Information. The information, software, products, and services published on the Website and/or Mobile App may include inaccuracies or errors, including pricing errors. CherryGO does not guarantee the accuracy of any content on the Website and/or Mobile App and disclaims all liability for any errors or other inaccuracies related to the information, pricing, and description of Travel Products on the Website and/or Mobile App. In addition, CherryGO reserves the right to correct any pricing errors on the Website and/or Mobile App that affect pending or confirmed reservations made under an incorrect price. In such cases, if available, we will offer you the option to proceed with your Booking at the corrected price or cancel your Booking without penalty.

13.8 The information, software, Travel Products, and Services that are published, displayed, or made available on the Website and/or Mobile App may contain inaccuracies or typographical errors. You accept that CherryGO shall not be liable for any inaccuracies or errors, including, but not limited to, descriptions of Travel Products, photographs of Travel Products, properties of Accommodation Providers, or lists of amenities or facilities and their respective availability.

13.9 Any ratings of Travel Products displayed on the Website and/or Mobile App are intended only as general guidelines. CherryGO does not, therefore, guarantee the accuracy of such ratings, which may change from time to time. You accept that any reliance you place on such ratings is entirely at your own risk.

13.10 Our Rights. We reserve the right not to accept customers or Bookings (or, in exceptional cases, to cancel Bookings) at our sole discretion and without providing any reason or justification for such refusal. Without limiting the generality of the foregoing, typical reasons for rejecting a customer or Booking include, but are not limited to: at a Service Provider’s request, breach of these Terms, trade or economic sanctions, embargoes, legal restrictions, (suspicions of) fraud or theft, suspected criminal activity, suspicious Bookings, submission of misleading or erroneous information (including incorrect or incomplete digital asset or cryptocurrency wallet addresses for payments or refunds), suspicious digital asset or cryptocurrency transactions (including, without limitation, the use of digital assets or cryptocurrencies from wallets flagged for illicit activity or wallets associated with privacy-enhancing technologies or services that obscure transaction details (e.g., mixers or tumbler), credit card problems, inappropriate behaviour, threats, insults, refusal to supply information, practical obstacles, communication problems, obvious errors (see below), history, or blacklisting by governments or international organisations. We reserve the right to bar (“ blacklist”) you and/or your CherryGO Account from the Website and/or Mobile App, on a permanent or temporary basis, at our sole discretion. Any such blacklisted person(s) must not attempt to use or access the Website and/or Mobile App under any other name or identity or through any other CherryGO Account. You must also not create more than one CherryGO Account. In rare cases, we may also have to cancel or reject a Booking due to “obvious errors”, independent of the origin of such errors. For clarity, an obvious error is a mistake on the Website and/or Mobile App (e.g. in terms of price) that a reasonable person would not consider to be normal. The amount charged will be reimbursed without charge in such cases. Whether to cancel or reject a Booking for this reason is in CherryGO’s sole discretion.

13.11 Compliance with Law Enforcement. Nothing contained in these Terms shall limit our right to comply with any valid law enforcement requests, governmental directives, or legal obligations in relation to your use of the Website, Mobile App and/or the Services. To the extent permitted by applicable law, you agree to bring any claim or cause of action arising from or relating to your access to or use of the Services within two (2) years from the date on which such claim or action arose or accrued, or such claim or cause of action will be irrevocably waived. If applicable law prohibits this, this clause shall be read as a limitation period of the minimum enforceable length. Without prejudice to the foregoing, your attention is drawn to Clause 14.17.

13.12 Entire Agreement. These Terms, including any other relevant terms and conditions or policies referenced herein, constitute the entire agreement between you and CherryGO with respect to the Services. These Terms supersede all prior or contemporaneous communications and understandings (whether electronic, oral, or written) between you and CherryGO with respect to the Services.

13.13 Severability. If any clause or sub-clause of these Terms is or becomes illegal, invalid or unenforceable, the remaining clauses or sub-clauses will be remain legal, valid and enforceable to the maximum extent permissible in full force and effect. Any illegal, invalid or ineffective clause or sub-clause shall be deemed modified or replaced with a valid and enforceable provision that most closely reflects the original intent and purpose of the affected clause or sub-clause.

13.14 Amendments to these Terms. We may amend these Terms from time to time at our sole discretion without prior notice. Any such amendments shall take effect immediately upon the Website and/or Mobile App being updated with such amended Terms. By continuing to use the Services after any amendments are made, you agree to be bound by the updated Terms. If you do not agree to any modification to these Terms, you must cease using the Services immediately. You accept that it is your responsibility to review these Terms to ensure that you remain informed of the applicable Terms governing your use of the Website, Mobile App, and Services.

13.15 Data Processing. You accept that any data or information that you provide while using or accessing the Website and/or Mobile App shall be processed in accordance with our Privacy Policy, which is incorporated by reference into these Terms.

13.16 Force majeure. We shall not be liable for any failure to perform, or delay in performing, any of our obligations under these Terms where such failure or delay arises from causes beyond our reasonable control, including, but not limited to, acts of God, natural disasters, outbreaks of disease, epidemics, pandemics, civil disturbances, protests, riots, strikes, blackouts, wars, governmental or regulatory actions, supply shortages, travel restrictions, and other circumstances that we could not reasonably foresee or mitigate. You accept that in such instances of force majeure, we are relieved of any legal liabilities arising from any resulting deficiencies or non-compliances.

13.17 Governing Law and Dispute Resolution.

These Terms and the arbitration agreement are governed by and shall be construed in accordance with the laws of the Republic of Singapore. You agree to submit to the exclusive jurisdiction of the courts of the Republic of Singapore without regard to any choice or conflict of laws rules.

You accept that any dispute, controversy or claim between you and CherryGO and/or its affiliated and related entities, whether contractual or non-contractual, arising out of or in connection with these Terms, or its existence, validity, interpretation, performance, breach, or enforceability (“ Dispute”) shall first be attempted to be resolved confidentially and in good faith through our internal dispute resolution procedures by Contacting Us. If the Dispute cannot be resolved through our internal dispute resolution procedures, the Dispute shall then be submitted to binding arbitration administered by the Singapore International Arbitration Centre (“ SIAC”) in accordance with the Arbitration Rules of the SIAC (“ SIAC Rules”) for the time being in force.

The seat of arbitration shall be Singapore;

The tribunal shall consist of one (1) arbitrator, to be appointed by the SIAC; and

The language of the arbitration shall be English.

13.18 Class action waiver. You accept that any Dispute shall be brought against us in an arbitration on an individual basis only and not as a plaintiff or class member in a purported class or representative action. You further agree to waive any right for such Disputes to be brought, heard, or arbitrated as a class, collective, representative, or private attorney general action, to the extent permissible by applicable law. Combining or consolidating individual arbitrations into a single arbitration shall not be permitted without our consent. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration agreement in Clause 13.17 will remain in force.

13.19 Agreement. By completing a Booking, using or accessing or Website and/or Mobile App, or by using any other part of our Services listed in these Terms, you acknowledge that you are at least 18 years of age (or the legal minimum age in countries where the legal minimum age is greater than 18), have the legal capacity to enter into a legally binding agreement, and understand and agree to the above Terms.