| |
APeco
2002 Website Terms of Use
INTRODUCTION & ACCEPTANCE
This User Agreement ("Agreement") is made between Malaysian Association
of Tour and Travel Agents, Sabah Chapter, a None Government Organisation
("MATTA") which owns and operates the internet sites with the URL:
www..mattasabah.com/apeco ("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 webpages may be amended
by us from time to time without notice to you. You need to review these
webpages 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 MATTA 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. MATTA 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, MATTA 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
MATTAween these Sites and any software or hardware.
The information contained in these Sites is subject to change without
notice.
MATTA 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. MATTA will not be responsible for any loss
resulting from your reliance on any information provided on these Sites.
5. LIMITATION OF LIABILITY
MATTA 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 MATTA 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 MATTA 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
MATTA 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 MATTA as set out
in this Agreement and in particular, Clauses 4 and 5, are fundamental
elements of the basis of the bargain MATTAween you and MATTA, and you
agree that MATTA 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
MATTA will not be held liable or any damages or loss arising from any
events which are beyond the reasonable control of MATTA 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
MATTA 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 MATTA 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 MATTA and/or any of its Suppliers and their
officers, directors, employees and agents indemnified against all
claims, demands, actions, proceedings made or brought against MATTA
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 MATTA's endorsement of such web sites nor any association with
their operators. MATTA 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
MATTA reserves the right to change the terms, conditions, and policies
under which MATTA’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 MATTAWEEN THE PARTIES
No joint venture, partnership, employment or agency relationship exists
between you and MATTA 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 MATTA'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
MATTA 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.
|
