myPillows Terms of Use
Agreement between customer and myPillows

Our app and platform (collecting known as “platform”) are provided solely to assist customers in gathering travel information, determining the availability of travel-related goods and services, making legitimate reservations or otherwise transacting business with travel suppliers, and for no other purposes. The terms "we,” "us,” "our" and "myPillows" refer to myPillows, Inc., a mykingdom company based out of Singapore. The term "you" refers to the customer visiting the platform and/or booking a reservation through us on this platform.

This platform is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Terms of Use” or “Agreement"). Please read the Terms of Use carefully, as they contain important information about limitations of liability and resolution of disputes through arbitration rather than in court. You should also read our privacy policy, hich also governs your use of the platform, and is incorporated by reference in this Agreement. By accessing or using this platform, booking any reservations for travel products or services on this platform, you agree that the Terms of Use then in force shall apply. If you do not agree to the Terms of Use, please do not use or book any reservations through this platform.

Use of the PLATFORM

As a condition of your use of this platform, you warrant that

  • You are at least 18 years of age;
  • You possess the legal authority to create a binding legal obligation;
  • You will use this platform in accordance with these Terms of Use;
  • You will only use this platform to make legitimate reservations for you or for another person for whom you are legally authorized to act (a “Third Party”);
  • You will inform such Third Party about the Terms of Use that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto;
  • All information supplied by you on this platform is true, accurate, current and complete; and
  • If you have a myPillows account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.

We retain the right at our sole discretion to deny access to anyone to this platform and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms of Use.

DISPUTES

myPillows is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns with hotel directly. But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the platform, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting the customer support information provided as part of the platform.

PROHIBITED ACTIVITIES

The content and information on this platform (including, but not limited to, price and availability of travel services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your travel itinerary (and related documents) for travel or service reservations booked through this platform, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this platform. Additionally, you agree not to:

  • Use this platform or its contents for any commercial purpose;
  • Make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
  • Access, monitor or copy any content or information of this platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  • Violate the restrictions in any robot exclusion headers on this platform or bypass or circumvent other measures employed to prevent or limit access to this platform;
  • Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Deep-link to any portion of this platform (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
  • "frame", "mirror" or otherwise incorporate any part of this platform into any other platform without our prior written authorization.

You may only use this platform to make legitimate requests to book the products or services offered (each, a "Request"), and shall not use this platform to make any speculative, false or fraudulent Requests, or any Requests in anticipation of demand.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

If your booking or account shows signs of fraud, abuse or suspicious activity, myPillows may cancel any travel or service reservations associated with your name, email address or account, and close any associated myPillows accounts. If you have conducted any fraudulent activity, myPillows reserves the right to take any necessary legal action and you may be liable for monetary losses to myPillows, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact myPillows Customer Service.

SUPPLIER RULES AND RESTRICTIONS

Additional terms of use will apply to your reservation and purchase of travel-related goods and services that you select. Please read these additional terms of use carefully. In particular, if you have made the purchase online, please ensure you read the full terms and conditions of carriage issued by the Supplier, which can be found on the Supplier’s platform. You agree to abide by the terms of use of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services.

We reserve the right to cancel your booking if full payment is not received in a timely fashion.

You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.

myPillows is not liable for any costs incurred due to relocation.

PRIVACY

myPillows believes in protecting your privacy. Please click here to review our current Privacy Policy, which also governs your use of the platform, and, as stated above, is incorporated by reference, to understand our practices: Privacy Policy.

PAYMENT METHODS

The Booking Requests can be paid at the hotel directly or through a major credit card unless otherwise expressly stated. The total price will be billed in the currency indicated on the booking screen.

Some banks and credit card companies impose fees for international transactions. If you are making a booking from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the platform. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. Booking international travel may be considered to be an international transaction by the bank or card company, since myPillows may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

INTERNATIONAL TRAVEL

You are responsible for ensuring that you meet foreign entry requirements and that your travel documents, such as passports and visas (transit, business, tourist, and otherwise), are in order and any other foreign entry requirements are met. myPillows has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.

Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart (especially for the international travel). It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.

BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS TO PARTICULAR INTERNATIONAL DESTINATIONS, myPillows DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

NO WARRANTIES

Unless a Provider has agreed otherwise, all products, services, advice, merchandise and information available through this Site are provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to, warranties of title or implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. Without limiting the above, no warranty or guarantee is made (i) regarding the acceptance of any Request; (ii) that a User will receive the lowest available price for goods and/or services available through this Site; (iii) regarding the availability of products and/or services through this Site or, where applicable, at any participating retailer or retailer location; (iv) that use of this Site and all software, products or services associated with this platform will be error-free; (v) regarding the results that may be obtained from the use of this platform; (vi) regarding the completeness, accuracy, reliability or quality of any information, Content, data, service, advice or merchandise provided or available through this platform; or, (vii) regarding the performance or non-performance of this platform including, but not limited to, any performance or non-performance in connection with or as a consequence of the passage of time. You expressly agree that the use of this platform is at your sole risk.

LIABILITY DISCLAIMER

The Information, Software, Products and Services published on this platform may include inaccuracies or errors, including pricing errors. In particular, the myPillows Affiliates do not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the hotel and services displayed on this platform (including, without limitation, the pricing, photographs, list of hotel amenities, general product descriptions, etc.). In addition, myPillows expressly reserves the right to correct any pricing errors on our platform and/or pending reservations made under an incorrect price. In such event, if available, we will offer you the opportunity to keep your pending reservation at the correct price or we will cancel your reservation without penalty.

Hotel ratings displayed on this platform are intended as only general guidelines, and the myPillows Affiliates do not guarantee the accuracy of the ratings. The myPillows Affiliates and their respective suppliers make no guarantees about the availability of specific products and services. The myPillows Affiliates and their respective suppliers may make improvements and/or changes on the platform at any time.

The myPillows Affiliates and their respective suppliers make no representations about the suitability of the information, software, products and services contained on this platform for any purpose, and the inclusion or offering of any products or services on this platform does not constitute any endorsement or recommendation of such products or services by the myPillows Affiliates. All such information, software products, and services are provided “as is” without warranty of any kind. The myPillows Affiliates and their respective suppliers disclaim all warranties and conditions that this platform, its servers or any email sent from the myPillows Affiliates and/or their respective suppliers are free of viruses or other harmful components. The myPillows Affiliates and their respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular response, title and non-infringement.

The carriers, hotels and other suppliers providing travel or other services on this platform are independent contractors and not agents or employees of the myPillows Affiliates. The myPillows Affiliates are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. The myPillows Affiliates have no liability and will make no refund in the event of any delay, cancellation, overbooking, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expenses, omissions, delays, re-routing or acts of any government or authority.

In no event shall the myPillows Affiliates and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this platform or with the delay or inability to access, display or use this platform (including, but not limited to, your reliance upon opinions appearing on this platform; any computer viruses, information, software, linked sites, products and services obtaining through this platform; or otherwise arising out of the access to, display of or use of this platform) whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the myPillows Affiliates and/or their respective suppliers have been advised of the possibility of such damages.

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of the myPillows Companies and the myPillows Affiliates and/or their respective Providers.

Some states—to the extent their law might be deemed to apply, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

INDEMNIFICATION

You agree to defend and indemnify the myPillows Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

  • Your breach of these Terms of Use or the documents referenced herein;
  • Violation of any law or the rights of a third party;
  • Your use of this platform; or
  • Your use of this platform for, or on behalf of, a Third Party.

TERMINATION OF USAGE

User access to all or part of this platform may be terminated or suspended at any time, without notice and for any reason.

Software available on this PLATFORM

Any software that we make available to download from this platform ("Software") or through your mobile application store, including the myPillows mobile application (the “Mobile Application”) is the copyrighted work of the myPillows Companies and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this platform not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, non-exclusive, nontransferable license to download, install and use the Software and/or the Mobile Application for viewing and otherwise using this platform and/or accessing the content and information available within the Mobile Application (including, without limitation, price and availability of travel services) in accordance with these terms of use and for no other purpose.

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this platform, is owned by the myPillows Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

Your mobile device must be connected to the internet for the Mobile Application to function correctly. You are responsible for making all arrangements necessary for your device to have internet connectivity and are responsible for all sums your service provider may charge you arising out of the Mobile Application transmitting and receiving data (including but not limited to data roaming charges). As further described in our Privacy Policy, the Mobile Application will automatically transfer a small amount of data as part of its normal operation, including how you use the Mobile Application, which Content you access, and technical errors or problems which the Application may encounter while being used. By using the Mobile Application, you acknowledge, agree and consent to the automatic collection of this information.

REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

We appreciate hearing from you. Please be aware that by submitting content to this platform by electronic mail, postings on this Site or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant myPillows and the affiliated, co-branded and/or linked platform partners through whom we provide service (collectively, "myPillows Affiliates"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such Submission. You acknowledge that myPillows may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant myPillows the right to pursue at law any person or entity that violates your or myPillows's rights in the Submissions by a breach of these Terms of Use. You acknowledge and agree that Submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your Submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your Submissions by us, the myPillows Affiliates or any of our partners or licensees. We take no responsibility and assume no liability for any Submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the platform. If you do not agree to these terms of use, please do not provide us with any Submissions.

Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future myPillows programs.

You are fully responsible for the content of your Submissions (specifically including, but not limited to, reviews posted to this platform). You are prohibited from posting or transmitting to or from this platform: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that myPillows may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

From time to time we may offer customers incentives to leave hotel reviews (e.g. discount coupon/entry into prize draws etc.) As it is important to us that hotel reviews are impartial and honest, these incentives will be available to customers regardless of whether the hotel review is positive or negative.

All photos submitted are subject to our Photo Submission Guidelines stated below. myPillows claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

myPillows's policies with respect to claims by third parties that the content of the platform, including the content of any Submissions, infringes the copyrights owned by said third party can be found above in the Copyright Complaint Policy section of these Terms of Use.

Photo Submission Guidelines

Any photos you submit must be:

  • On topic – All photos must be relevant to accommodation, restaurant, location, or general travel experiences.
  • Community/family friendly
  • Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting.
  • Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
  • Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case of a child under 13 years of age).
  • Children under 13 may not submit photos or other materials.
  • Original – You may only submit your own photos.
  • Do not submit photos from any other source (personal or commercial).
  • Do not submit photos that infringe the copyright, trademark, or other property right of any third party.
  • Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.
  • No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of myPillows and/or those using it.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this platform are: © 2016 myPillows, Inc. All rights reserved. myPillows is not responsible for content on platforms operated by parties other than myPillows app, mykingdom.company and myPillows.company, and the myPillows.com.

If you are aware of an infringement of our brand, please let us know by emailing us at DL@mykingdom.company. We only address messages concerning brand infringement at this email address.

Account Termination

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, myPillows has adopted a policy of terminating, in appropriate circumstances and at myPillows Inc.’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. myPillows may also at its sole discretion limit access to the platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

NOTICE OF INFRINGING MATERIAL

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.

  • A clear identification of the copyrighted work you claim was infringed.
  • A clear identification of the material you claim is infringing on the platform, such as a link to the infringing material.
  • Your address, email address and telephone number.
  • A statement that you have a “good faith belief that the material claimed as copyright infringement is not authorized by the copyright owner, its agent or the law.
  • A statement that “the information on the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send us your notice by email to DL@mykingdom.company.

COUNTERNOTICES

If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below. You may want to seek legal counsel prior to doing so. Please include the following details:

  • Identification of the specific content that was removed or disabled and the location that content appeared on myPillows’s platform. Please provide the URL address if possible.
  • Your name, mailing address, telephone number and email address.
  • A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which myPillows, Inc. may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.
  • The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

Sign the paper. Send the written communication to the following address:

myPillows, Inc.
Attn: IP/Trademark Legal Dept., DMCA Complaints
333 108th Avenue NE
Bellevue WA 98004

PATENT NOTICES

One or more patents owned by the myPillows Companies may apply to this platform and to the features and services accessible via the platform. Portions of this platform operate under license of one or more patents. Other patents pending.

GENERAL

Your use of mapping available on this platform is governed by the Microsoft Terms of Use and Microsoft Privacy Statement and the Google Terms of Use and Google Privacy Statement. Microsoft and Google reserve the right to change their Terms of Use and Privacy Statements at any time, at their sole discretion. Please click here for additional information:

http://privacy.microsoft.com/en-us/default.mspx
http://www.microsoft.com/maps/assets/docs/terms.aspx
http://www.google.com/privacy/privacy-policy.html
http://www.google.com/enterprise/earthmaps/legal/us/maps_AUP.html
http://www.maps.google.com/help/legalnotices_maps.html
http://maps.google.com/help/terms_maps.html

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws. Use of this platform is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph.

You agree that no joint venture, partnership, or employment relationship exists between you and the myPillows Companies as a result of this Agreement or use of this platform.

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this platform or information provided to or gathered by us with respect to such use.

If any part of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.

Fictitious names of companies, products, people, characters, and/or data mentioned on this platform are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

MISCELLANEOUS

The captions in these Terms of Use are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms of Use.

None of the myPillows Companies or the myPillows Affiliates is responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

ENTIRE AGREEMENT

This Agreement, together with the Travel Product Rules and Regulations, Privacy Policy, and any other terms and conditions referenced herein, constitutes the entire agreement between you and myPillows with respect to this platform, our services and your dealings and relationships with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

REGISTRATIONS

myPillows, Inc., a Singapore private limited company, is located at my kingdom pte ltd 30 Cecil Street Singapore 049712. More information about mykingdom.company may be found at our Company Overview page.

SERVICE HELP

For quick answers to your questions or ways to contact us, you can write to us at:

Attn: Customer Service
myPillows
DL@mykingdom.company

©2016 myPillows, Inc. All rights reserved.