INTRODUCTION & ACCEPTANCE
This User Agreement ("Agreement") is
made between Tabin Wildlife Holidays Sdn Bhd, a Malaysian
Corporation ("TWH") which owns and operates the internet
sites with the URL: www.tabinwildlife.com.my ("the Web Site")
and you who access and/or visit or cause to access and/or
visit the Web Site ("you/your").
Your usage, access, visit or shopping
at the Web Site is on express condition that you accept
without variation the terms and conditions set out herein.
The information contained in these web pages may be amended
by us from time to time without notice to you. You need
to review these web pages each time you use these Sites.
Your usage, access, visit or shopping
at this site constitutes your agreement to all the terms
and conditions in force for the time being as set out herein.
If you do not agree to any part of the following terms or
conditions, you must not use these Sites.
1. YOUR OBLIGATIONS.
You agree to:
• to bear full financial responsibility
for all uses of these Sites by you and those using your
login and credit card information, including but not limited
to minors living with you and to supervise all usage by
such minors of these Sites;
• to use the information available on
or from these Sites for non-commercial use and information
purposes only. Any unauthorized commercial use of the information
or services provided through these Sites is expressly prohibited;
• not to use these Sites in a way which
interferes with its availability for other users;
• not to use the account of any other
member's, without the express permission of the account
holder;
• not to use these Sites to make any
speculative, false or fraudulent booking/reservation or
any booking/reservation in anticipation of demand.
2. REPRESENTATIONS WARRANTIES.
You fully represent and warrant that
you are of sufficient legal age to use these Sites in accordance
with all terms and conditions herein and to create binding
legal obligations for any liability you may incur as a result
of the use of these Sites; all information supplied by you
in using these Sites are complete, true and accurate; you
shall not post or transmit any unlawful, threatening, libelous,
defamatory, obscene, indecent, inflammatory, pornographic
or profane material or any material that could constitute
or encourage conduct that would be considered a criminal
offence, give rise to civil liability, or otherwise violate
any law.
3. SOFTWARE AND COPYRIGHT
These Sites and all content on these
Sites ("the Content") is the property of TWH and/or it’s
third party providers, fulfillment providers, airlines,
other travel product suppliers or independent supplier(s)
("Suppliers") or the party credited as the provider of such
Content. TWH retains all rights (including, but not limited
to trademark rights, copyright and patent rights) with respect
to all software and underlying information or material available
through these Sites.
The Content is intended solely for your
personal, non-commercial use. You may not copy, print, reproduce,
reengineer, disassemble, upload, download, store, display
in public, alter or modify, publish, transmit, participate
in the transfer or sale of, reproduce (except as provided
herein), create derivative works from, distribute, perform,
display or in any way exploit, any of the Content, in whole
or in part.
You are not to download or otherwise
export or re-export any software or underlying information
or material available through these Sites, except to the
extent that such downloading occurs in the course of using
these Sites in accordance with our written instructions
or otherwise as expressly permitted in this Agreement. All
rights not expressly granted herein are reserved. This clause
shall survive any termination of this Agreement.
4. DISCLAIMER
Your use of these Sites is at your sole
risk. These Sites (including the products and services)
is provided on an "as is" basis and you assume total risk
and responsibility for your use of these Sites.
To the maximum extent permitted by law,
TWH assume no responsibility whatsoever and howsoever and
specifically disclaims all warranties, express or implied,
in respect of these Sites including, but not limited to,
merchantability, fitness for a particular purpose, non-infringement
of intellectual property or other proprietary rights or
compatibility between these Sites and any software or hardware.
The information contained in these Sites
is subject to change without notice.
TWH neither warrants nor makes any representations
regarding the accuracy or completeness, quality or adequacy
of these Sites or of any of the data or information contained
in these Sites or that the use of these Sites will be timely,
uninterrupted, secure or error free or that any information,
data, content, software or other material accessible through
these Sites will be free of bugs, viruses, worms, trojan
horses or other harmful components. TWH will not be responsible
for any loss resulting from your reliance on any information
provided on these Sites.
5. LIMITATION OF LIABILITY
TWH ASSUMES NO RESPONSIBILITY, AND SHALL
NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT
YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO
OR AUDIO FROM THE SITE. IN NO EVENT SHALL TWH NOR ITS SUPPLIERS
BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST
PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS
IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR CONTENT
FOUND HEREIN, ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED
TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS
SITE FOR BOOKING/RESERVATIONS OR TICKETING), OR THE PERFORMANCE
OR NON PERFORMANCE BY BET OR ANY SUPPLIER(S) EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO
SUCH PARTIES OR ANY OTHER PARTY.
Notwithstanding anything contained in
this Agreement, the liability of TWH and/or its Suppliers
and their officers, directors, employees and agents shall
in no event exceed, in the aggregate, United States Dollars
Fifty Only.
6. ACKNOWLEDGEMENT
Your acceptance of the entire terms and
conditions of TWH as set out in this Agreement and in particular,
Clauses 4 and 5, are fundamental elements of the basis of
the bargain between you and TWH, and you agree that TWH
would not otherwise be able to offer the products and services
on its present basis without your acceptance of such terms
and conditions. This clause shall survive any termination
of this Agreement.
7. FORCE MAJEURE
TWH will not be held liable or any damages
or loss arising from any events which are beyond the reasonable
control of TWH or any of its Suppliers. Such an event shall
include Acts of God, earthquakes, typhoons, flood, natural
disaster or fire, strikes, dangers incidental to sea, land
and air travel, government action, compliance with any laws,
regulations or orders, default of any Suppliers, civil war,
industrial disputes, power failure, hardware and or system
failure, malfunction or breakdown, failure of internet transmission
or links, system hacking, software contamination, or corruption,
howsoever caused.
8. RESTRICTION/ CANCELLATION OF SERVICE
TWH may, at any time and at its sole
discretion and without cause or notice, terminate or restrict
your access to any component of these Sites or refuse to
give effect to any booking or booking/reservation requested
by you, terminate your password, account (or any part thereof)
or use of these Sites, and remove and discard any Content
within these Sites, without being required to give any reasons
or advance notice to you.
Further, you agree that TWH shall not
be liable to you or any third-party for any termination
of your access to these Sites.
9. INDEMNITY
You shall indemnify and keep TWH and/or
any of its Suppliers and their officers, directors, employees
and agents indemnified against all claims, demands, actions,
proceedings made or brought against TWH arising from your
use of these Sites and/or any breach of any term or condition
by you.
10. LINKS TO THIRD PARTIES
These Sites may contain hyperlinks to
web sites operated by third parties. The inclusion of hyperlinks
to any such web sites does not imply TWH's endorsement of
such web sites nor any association with their operators.
TWH is not responsible for the contents of other web sites.
Linking to any hyperlinked web sites is done at your own
risk and subject to the specific terms and conditions (if
any) of such hyperlinked sites.
These Sites also may contain advertisements
by third parties. Unless otherwise specifically stated on
these Sites, we do not endorse or make any representation
or warranty regarding the liability or quality or accuracy
of any products or services featured in, or linked to any
advertisements that appears on these Sites.
11. VARIATIONS
TWH reserves the right to change the
terms, conditions, and policies under which TWH’s products
and services are offered. You are responsible for regularly
reviewing these terms and conditions including such additional,
modified or varied terms posted from time to time.
Your continued use of these Sites shall
constitute your acceptance of the terms and conditions,
as modified.
12. SEVERABILITY
Any provision of this Agreement which
is invalid, prohibited or unenforceable shall be ineffective
to the extent of the invalidity, prohibition or unenforceability;
not invalidate the remaining provisions of this Agreement;
and such provision shall nonetheless be applicable or enforceable
to the fullest extend permitted by law.
13. RELATIONSHIP between THE PARTIES
No joint venture, partnership, employment
or agency relationship exists between you and TWH as a result
of this Agreement of your use and/or access, visit or shopping
at these Sites.
14. ADDITIONAL/SPECIFIC TERMS AND
CONDITIONS
Additional terms and conditions and policies
posted on these Sites may apply to your booking/reservations
and purchase of TWH's products and services and use of other
components of the Sites and you agree to abide by these
terms, conditions and policies and other components of these
Sites.
15. NON-ASSIGNMENT
You may not assign, convey, sub-contract,
delegate or substitute howsoever your rights, duties or
obligations hereunder the Agreement.
16. MODIFICATION
TWH may at any time modify these terms
and conditions without notice to you and your usage of these
Sites shall be conditioned upon the terms and conditions
in force at the time of your use.
17. ENTIRE AGREEMENT
This Agreement (including Parts 1 to
5) constitute the entire agreement between the parties in
respect of its subject matter and supersedes all prior understandings
or agreements (whether oral or written) regarding the subject
matter and may not be amended or modified except by us herein.
18. GOVERNING LAW
This Agreement and its performance shall
be governed by and construed in accordance with the laws
of the state of Sabah, Malaysia.