Vesta is a technology company that provides a platform for Service Users (as defined below) to obtain or procure Solutions (as defined below). These Solutions may be offered and provided by a third party service provider (“Service Provider”) through the use of the Vesta Platform. Vesta’s role is merely to link the Service User with such Service Provider (“Service”). Vesta does not and does not intend to provide Solutions or act in any way as a Service Provider.
Vesta reserves the right to check the backgrounds of Service Providers via third party background check services; however, Vesta does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such Service Providers. In the case of a dispute, Vesta will, on a best-efforts basis, mediate between the Service User and Service Provider so as to reach an agreeable resolution.
By using the Service, you agree to hold Vesta free (to the extent permitted by law) from the responsibility for any liability or damage that might arise out of the use of the Platform.
NEITHER VESTA NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. VESTA AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE, TO THE EXTENT PERMITTED BY LAW, FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM.
By accessing the Platform, you agree that you shall be responsible for any and all liability arising from any loss, any damage or injury caused to any person by you, parties related to you including, but not limited to, pets and other residents of your premises or caused by you and your related parties’ negligence or inability to provide a safe environment.
“Account” means a registered account which you may be required to create if you wish to access and utilise the full facilities and features of the Platform, whether as a Service User or Service Provider;
“Application” means the relevant mobile phone applications made available for download by Vesta to Service Users and Service Providers respectively
“Platform” means the Application and any other platform, portal or website which Vesta owns, operates or otherwise makes available to Service Users and/or Service Providers for the purposes of or in connection with the Service and/or Solutions;
“Personal Data” is any information which can be used to identify you or from which you are identifiable. This includes but is not limited to your name, nationality, telephone number, bank and credit card details, email address, date of birth;
“Service” means the linking of Service Users to Service Providers;
“Service User” means any person who accesses or uses the Platform to search for and obtain the Solutions;
“Service Provider” means any individual or company that has signed up to offer their Solutions on the Platform;
“Solutions” means air conditioner maintenance services, handyman services, cleaning services and/or other household services which are made available to Service Users through the Service (each a “Solution”);
“Vesta”, “we, “our” or “us” means Vesta Domestic Solutions Pte Ltd;
“you” refers to the Service User and/or Service Provider as may be applicable.
Representations, Warranties and Undertakings
Your participation in using the Platform or Service is for your sole and personal use. You will not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity;
When using the Platform or Service, you agree to comply with all laws applicable to you and/or your use of the Platform or Service.
You may only access the Platform using authorized means. It is your responsibility to check to ensure that you download the correct Application for your device. Vesta is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Application for your device.
Vesta reserves the right to terminate this Agreement should you use the Platform with an incompatible or unauthorized device or for purposes other than which the Platform is intended to be used.
By using the Platform or Service, you agree that:
You will only use the Platform or Service for lawful purposes;
You will not use the Platform or Service for sending or storing any unlawful material or for fraudulent purposes;
You will keep secure and confidential your account password or any identification provided to you which allows access to the Platform or Service;
You agree to notify us immediately of any unauthorized use of your account or any other breach of security;
You will not use the Platform or Service to cause nuisance, annoyance, inconvenience, or make fake bookings;
You will not impair the proper operation of the network;
You will not try to harm the Platform or Service in any way whatsoever;
You will not copy, or distribute the Platform or Service or other content without written permission from Vesta;
You will not attempt to commercially exploit any part of the Platform without our permission, including without limitation modify any of the Platform’s content in any way, or copy, reproduce, publicly display, distribute or otherwise use or communicate them for any public or commercial purpose without our permission;
You will not copy or distribute the Platform or any content or part thereof without written permission from Vesta;
You will provide accurate, not misleading, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, not misleading, current and complete at all times during the term of the Agreement. You agree that Vesta may rely on your information as accurate, not misleading, current and complete. You acknowledge that if your information is untrue, inaccurate, misleading, not current or incomplete in any respect, Vesta has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;
You will only use an access point or data account which you are authorized to use;
You will not use the Platform or Service using incorrect or false identity or credentials;
the Service is provided on a best effort basis; and
If you are a Service Provider, you further represent, warrant / undertake that:
By signing up, registering or creating an Account on the Platform as a Service Provider, you agree and undertake to comply with any requests for information which we may make for the purpose of verifying the legality, legitimacy, conduct and proper establishment of your (i) business, company or operations; and / or (ii) provision of your Solution.
You shall not:
register or list on the Platform in a category of Solution which they do not offer or that is irrelevant to or inappropriate for the Solution they are offering;
misrepresent the location(s) at which they will provide a Solution;
include third party brand names or other inappropriate keywords in their profile, title or any posting, messages or submission made in or through the Platform;
use misleading titles, words or phrases that do not accurately describe the Solution they provide;
include any information in their profile that is fraudulent or otherwise incorrect;
do anything to circumvent or avoid any fees that Vesta may charge;
conduct fraud or misconduct on any promotions or partnerships which Vesta may conduct;
use their profile or the Platform for promoting (i) products or goods; (ii) Solutions which are not offered by the Service Provider through the Platform; (iii) Solutions which are not a recognised category on the Platform; (iv) any website, service, product, party or anything not directly related to their Solution or otherwise prohibited by Vesta in its sole discretion from time to time; or (iv) any solutions that may be prohibited under law;
If you are a Service User, you further represent, warrant / undertake that:
You shall not commit to purchasing or using a Solution with no intention of paying for such Solution;
You shall not sign up, request or negotiate a price for, use, or otherwise solicit a Solution (i) with no genuine intention as at the time of such conduct of following through with your use of or payment for the Service; (ii) for the purposes of using pricing, quotations or other information received in doing so for commercial or competitive purposes, business or market intelligence purposes or general surveying; or (iii) any other non-personal use;
You shall not request for or agree to purchase a Solution when (i) you know, have reason to believe or have been put on notice that you do not meet the Service Provider's terms; or (ii) with the intention of causing disruption, committing fraud or other tortious or illegal purpose.
You shall exercise reasonable and independent judgement, discretion and care in deciding to hire and engaging with a Service Provider.
Grant and Restrictions
Vesta alone and its licensors, where applicable, shall own all right, title and interest, including all related intellectual property rights in and to the Application or Platform. To the extent that you provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Application or Platform, all rights, title and interest thereto are assigned by you to Vesta.
This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or Platform, or any intellectual property rights owned by Vesta. Vesta’s name, the logo, and the product names associated with the Application, Platform and Service are trademarks of Vesta or third parties, and no right or license is granted to use them.
Different models or versions of browsers and devices may have firmware or settings that are not compatible with the Platform or part(s) thereof. While we continuously develop the Platform in order to, as far as possible, support all commonly used devices and models in markets and all browsers where the Platform is likely to be accessed from, we do not warrant compatibility of the Platform with specific mobile devices or other hardware.
Payment Terms for Service Users
Any fees which Vesta may charge you for the Service are due immediately upon completion by a Service Provider and are refundable only at Vesta’s sole discretion. Vesta’s refund policy may be modified or updated by us from time to time.
Payments for recurring orders shall always be collected in advance, on an ongoing basis, for a fixed number of individual sub-orders (the “Recurring Cycle”) based on prevailing collection policy as displayed on the Platform at the time of booking a solution. The second Recurring Cycle onwards, payments shall be collected in one (1) sub-order prior to the end of previous Recurring Cycle. Recurring Cycles shall continue in perpetuity until the recurring order is cancelled by you. Recurring orders may be cancelled prior to payment collection of subsequent Recurring Cycle. No refunds and cancellation charges shall apply on cancellation of a recurring order. Vesta credits cannot be used as a payment method for recurring orders.
Vesta reserves the right to determine final prevailing pricing and collection policy – Please note the pricing information and collection policy published on the website may not reflect the prevailing pricing and collection policy.
Vesta may, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. Vesta may change the fees for our Service as we deem necessary for our business.
The rates that apply for the solutions provided by the Service Provider can be found on the Platform. These rates may be modified or updated by Vesta from time to time. It is your own responsibility to remain informed about the current rates for the solutions.
Vesta shall charge you for the solutions provided by the Service Provider(s) on behalf of the Service Provider(s). You agree that you will pay for all solutions that you purchase from the Contractor, and that Vesta may charge your bank, debit, credit, or other payment accounts as provided by you when registering for the Service for the solutions (including any taxes and other fees, as applicable) that may be accrued by or in connection with your account.
You are responsible for the timely payment of all fees and for providing Vesta with a valid payment account for payment of all charges and fees at all times. Any payment made is non-refundable.
Payment Terms for Service Providers
The fees which you pay Vesta for the Service are due immediately and are non-refundable (“Service Fee“). This no-refund policy shall apply at all times regardless of your decision to terminate your access to the Platform, our decision to terminate or suspend your access to the Platform, disruption caused to the Service whether planned, accidental or intentional, or any reason whatsoever.
You acknowledge and confirm that Vesta may administer and act as your collection agent to pay to you the total amount of user charges due to you in respect of your provision of the solution.
Vesta retains the right to suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where you and/or the Service User have breached any of the terms in this Agreement. In such an event, you shall not hold Vesta liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payment(s) to you.
Vesta may, at its sole discretion, make promotional offers with different features and different rates on the solutions to any of the Service Users whereby these promotional offers shall accordingly be honored by you. Vesta may change the Service Fee at any time at its sole discretion.
Cancellation Terms for Service Providers
Service Users rely on you for provision of the Solution(s). You agree that high and/or frequent cancellation rates will impair the Service Users’ experience and negatively impact the reputation and branding of Vesta.
While you may cancel a booking, the cancellation shall be based on acceptable cancellation reasons as shown in the Application. Vesta reserves the right to amend the acceptable cancellation reasons from time to time. A cancellation that is not based on one of the acceptable reasons may be counted in determining if your access to the Service will be temporarily restricted.
Cancellation Terms for Service Users
Unless otherwise stated in any Vesta policy, you may cancel your request for the Solution(s) at any time before the Service Provider, assigned to you by the Service, has commenced the job order.
While you may cancel a request at no cancellation charges, Vesta reserves the right in determining if your access to the Service will be temporarily restricted for repeated cancellations.
Cancellation charges and related policies may be modified or updated by Vesta from time to time.
Intellectual Property Ownership
The content on the Platform, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Vesta, subject to copyright and other intellectual property rights under applicable laws and international conventions. Such Content and/or Marks may become protected by copyright, trademark, patent, trade secret and other laws, and Vesta owns and retains all rights in such Content and Marks. All other trademarks, names and logos on this Platform are the property of their respective owners.
Content on the Platform is provided to you for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
Vesta reserves all rights not expressly granted in and to the Platform and the Content. You agree not to use, copy, or distribute, any of the Content other than as expressly permitted herein, including any use, copying, or distribution of any opinions or reviews in connection with the Platform, the Service, the Service Provider, or the Service User obtained through the Platform for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Platform or the Content therein.
Fees and Taxes
Vesta reserves the right at its sole discretion to charge fees to Service Users and / or Service Providers for the Service and the use of the Platform, including but not limited to fees for contacting Service Users, responding to requests from Service Users, or conducting transactions with Service Users through Vesta.
Vesta reserves the right to charge fees for such facilities at its sole discretion and by using the Platform, you agree to pay any such fees as Vesta may notify you and prescribe from time to time.
Vesta acts solely as an online platform for Service Users to connect with Service Providers for the purposes of transacting to respectively receive and provide Solutions. Vesta is not itself a Service Provider or a Service User, and is not responsible to account for or pay any tax or comply with any laws relating to tax or relevant compliance for any transaction, sale or service provided by any Service Provider to any Service User. You understand, acknowledge and agree that you are solely responsible for your own tax reporting and statutory compliance obligations
Data Privacy and Personal Data Protection Policy
You acknowledge that Vesta may disclose Personal Data of other individuals to you in the course of your use of Vesta’s Services. You represent and warrant that you will only use such Personal Data for the purpose for which it was disclosed to you by Vesta, and not for any other unauthorized purposes.
Third Party Interactions
During use of the Platform or Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Platform or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Vesta and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. Vesta does not endorse any sites on the internet that are linked through the Platform, and in no event shall Vesta or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers.
You agree and allow Vesta to compile and release information regarding you and your use of the Platform on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Platform or Service.
Disclaimer of Warranties
Vesta makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service or Platform. Vesta does not represent or warrant that (a) the use of the Service or Platform will be secure, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system or data, (b) will meet your requirements or expectations, (c) any stored data will be accurate or reliable, or (d) the quality of any products, Solutions, information or other materials purchased or obtained by you through the Platform will meet your requirements or expectations. The Service and the Platform are provided to you strictly on an “as-is” basis. All conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby excluded to the extent permissible by law.
Vesta makes no representation or warranty of any kind whatsoever, express or implied, in respect of Solutions provided by the Service Providers or any Solutions procured through the use of the Service. You agree that you shall bear all risk arising out of your use of the Service and any Solution provided by the Service Providers and shall have no recourse to Vesta in respect of the same.
Where applicable, Vesta’s role as collection agent is solely mechanical and administrative in nature and Vesta does not owe to you a duty of care or any fiduciary duties.
Vesta’s Platform and Service may be subject to limitations, delays, and other problems inherent in the use of the internet, telecommunications networks and electronic communications. Vesta is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Limitation of Liability
IN NO EVENT SHALL VESTA’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN UTILISING THE PLATFORM, SOFTWARE OR SERVICE UNDER THESE TERMS IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
IN NO EVENT SHALL VESTA AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE).
VESTA AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR PLATFORM, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE PLATFORM OR SERVICE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE PLATFORM OR SERVICE, EVEN IF VESTA AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PLATFORM PROVIDE A PASSIVE MEDIUM THROUGH WHICH SERVICE PROVIDERS ARE ASSIGNED TO YOU AND THAT YOU MAY CHOOSE, WHETHER OR NOT, TO PROCEED TO PROCURE SOLUTIONS FROM THE ASSIGNED SERVICE PROVIDER. VESTA MAY INTRODUCE YOU TO SERVICE PROVIDER(S) FOR THE PURPOSES OF PROVIDING SOLUTIONS. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SERVICE PROVIDER AND YOU EXPRESSLY WAIVE AND RELEASE VESTA FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR SERVICE OR ARISING FROM OR IN ANY WAY RELATED TO THE SERVICE PROVIDER(S) INTRODUCED TO YOU BY THE PLATFORM.
THE QUALITY OF THE SOLUTIONS (INCLUDING RELATED GOODS) SCHEDULED THROUGH THE USE OF THE PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE RELEVANT SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH SOLUTIONS TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE PLATFORM AND THE SERVICE, YOU MAY BE EXPOSED TO SOLUTIONS AND PRODUCTS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE PLATFORM AND THE SERVICE, AND SUCH THIRD PARTY SERVICES, AT YOUR OWN RISK.
NOTHING ON THIS PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE SERVICE OR PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE SERVICE OR PLATFORM.
Vesta may give notice to you by means of a general notice on the Platform, electronic mail to your email address on record in the company’s account information, or by written communication sent by Registered mail or pre-paid post to your address on record in the company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by Registered mail or pre-paid post) or 12 hours after sending (if sent by electronic mail).
You may give notice to Vesta (such notice shall be deemed given when received by Vesta) at any time by letter delivered by Registered mail to Vesta at 7 Temasek Boulevard, #12-07, Suntec Tower One, Singapore 038987.
This Agreement may not be assigned by you without the prior written approval of Vesta but may be assigned without your consent by Vesta to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.
Your interactions with other users, whether individuals, companies and/or organizations and whether Service Provider or Service Users, found on or through the Platform, including payment of and performance of any Solution, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such third party or user. You should take reasonable precautions and conduct any necessary investigation or inquiries you deem necessary or appropriate before proceeding to hire, pay or transact with such third party or user for any purpose whatsoever.
You understand and acknowledge that deciding whether to use the Solutions of a Service Provider or to provide Solutions to a Service User is your personal decision, for which you alone are responsible. You understand that Vesta does not and cannot make representations as to the suitability of any user you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any user.
In the event of any dispute between you and a Service User, Service Provider or any other third party or user in relation to the Platform, such dispute shall be resolved between you and such Service User, Service Provider or any third party or user, and Vesta shall not have or hold any responsibility, liability or obligation in relation thereof.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT VESTA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN USERS ON THE PLATFORM, OR BETWEEN USERS AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT VESTA IS UNDER NO OBLIGATION TO BE INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE VESTA, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.