BY ACCESSING OR USING THIS SITE, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE ACCESS TO AND/OR USE OF THIS SITE.
The http://www.96travel.com/ site and the app (“Platform”) is managed by 96 International Travels Tours Sdn Bhd including its subsidiaries and affiliated companies (“we”, “us”, “our” or “96 Travel”). These Terms constitute a binding legal agreement between you (including any guests or other persons you are booking or otherwise using the services in the Platform for (“you” or “your”) and 96 Travel. You must be at least eighteen (18) years old to use the Platform.
We reserve the right to amend, revise or modify these Terms at any time at our absolute discretion without prior notice to you, and such amended, revised or modified Terms shall be effective upon their publication on this site. Please visit this site regularly and check these Terms to ensure that you are aware of all the terms governing your use of this site. Your continued access and/or use of this site constitute your agreement to and acceptance of the amended, revised or modified or otherwise latest version of these Terms.
(i) We provide the Platform where you can browse different types of airlines, train and other transportation services, temporary accommodation and lodging (as applicable), event entrance tickets, tourist attraction entrance tickets, tour packages, prepaid credits, vouchers for prepaid sim-card, experiences and tours, or other services (“Services”). You can make bookings of services provided by hotels, airlines, train or other transportation operators, events promoters, tourist attraction operators, travel agencies, telecommunication operators and/or any other service providers (“Merchants”) on the Platform. By placing an order through the Platform, you will be able to book and/or purchase the airline tickets, train or other transportation tickets, temporary accommodation and lodging (as applicable), event entrance tickets, tourist attraction entrance tickets, tour packages, prepaid credits, vouchers for prepaid sim-card, experiences and tours, or other services. We will provide a booking confirmation via email. We reserve the right to refuse the booking in accordance with these Terms.
(ii) Although we will use our expertise with caution in performing the Services, we do not verify, and do not guarantee, that all information provided by Merchants that is available on the Platform is accurate, complete, correct or the latest available, and we are not responsible for any errors (including placement and typing errors), obstruction (either because of temporary and/or partial, damage, repair or improvement to the Platform or otherwise), inaccurate, misleading or false information of Merchants or non-delivery of information by Merchants.
(iii) Changes in market conditions or circumstances that occur can lead to changes in a short time causing the information provided by Merchants that is available on the Platform to be inaccurate or not applicable. In case of any problems, please contact 96 Travel’s Customer Service and they will assist you.
(iv) In providing the Services we provide an online platform to connect you with Merchants. To the extent permitted by law, we are not responsible or liable for the acts or omissions of a Merchant, and you have sole responsibility for any obligations or liabilities to Merchants. We do not make any representations and shall not be construed as making any recommendations or suggestions of the level of service quality or rating of the Merchants listed on the Platform, and in no event shall we be responsible or liable for any information, content, products, services or other materials provided or made available by Merchants. Merchants may be introduced in the form of different classes based on factors including but not limited to their reviews, ratings or any other factors. The given rating is calculated based on automated algorithms that can be updated and changed as per our discretion.(v) To the extent permitted by law, we have the right to not accept any user or booking (or in certain cases cancel the booking confirmation) at our sole discretion and for any cause without giving reasons for the rejection/refusal/cancellation. The reasons for rejecting a user or booking or cancelling a booking confirmation may include but are not limited to: breach of these Terms, trade or economic sanctions by global or national authorities, embargo, prohibitions in regulations, fraud or theft (or indication or suspicion of fraud or theft), suspicion of criminal activity, suspicious ordering, services not being available or no longer being made available by the Merchant, user providing inaccurate, erroneous or misleading information, problems with credit card electronic communications, information or transactions, inappropriate behavior, threats, insults, refusal to provide information, practical impediments, communication difficulties or breakdowns, any error by the Platform or the Merchant, history of breaches of these Terms, or being placed on any “black lists” or “watch lists” by governments or international organizations. We can at any time delete or remove the account of any user of the Platform, either temporarily or permanently. Removed users must not attempt to use the Platform in any other name or through other users.
(vi) Every payment related to the booking or reservation of the Services shall be made directly to 96 Travel’s bank account or 96 Travel payment channels. Except where 96 Travel is required to hold such payments based on trust for the relevant Merchant pursuant to a separate agreement applicable to the relevant Merchant, all such payments will be the property of 96 Travel and amounts will be due and payable to the relevant Merchant when the services to which a payment relates are provided or at any other applicable time required by the relevant Merchant. 96 Travel shall not be responsible for the validity of the reservation, if the payment is not being made directly to 96 Travel’s bank account or 96 Travel payment channels.
(ii) Only you can use your own account and you represent and warrant that you will not authorize any other party to use your identity or your account for any reason, unless permitted by 96 Travel.
(iii) You cannot assign or transfer your account to any other party.
(iv) You must maintain the security and confidentiality of your account password and any identification we provide to you. In the event of any disclosure of your password, in any way whatsoever resulting in any unauthorized use of your account or identity, order(s) received from such unauthorized use shall still be considered as valid orders and we will process such order(s). Subject to any rights you may have at law, you hereby declare that 96 Travel is not responsible for any loss or damage arising from the misuse of your account in accordance with this clause 9.4.(v) If you no longer have control over your account, you are required to immediately notify us (e.g., your account is hacked in any way or your phone is stolen) so we can temporarily block and/or inactivate your account. Please note that you are responsible for your use of your account and may be liable for your account even if your account is misused by others.
(vi) 96 Travel has the full right to temporarily block, delete, or deactivate your account at our sole discretion and for any cause without giving reasons for blocking, deletion, or deactivation of your account provided that this will not affect our obligations to provide any Services that have been purchased by you prior to that time (unless we also cancel those Services as permitted by these Terms). The reasons for blocking, deletion, or deactivation of your account may include but are not limited to:
a) breach of these Terms,
b) prohibitions in law or regulations,
c) fraud or theft (or indication or suspicion of fraud or theft),
d) suspicion of criminal activity,
e) suspicious ordering,
f) you are providing inaccurate, erroneous or misleading information,
g) your inappropriate behavior, threats, or insults,
h) refusal to provide information,
i) practical impediments,
j) communication difficulties or breakdowns, or
k) you are listed on any “blacklists” or “watch lists” by governments or international organizations.
3. BOOKING AND PAYMENTS
(i) For payment of bookings placed through the Platform, your credit card will be billed by 96 Travel for the full price at the time of booking and confirmation of the booking (any refund that may be given will depend on the conditions of the existing reservations). You must check the booking details thoroughly each time before you make a reservation. 96 Travel will process any refund, as applicable, within a reasonable period. For certain reservations, you may have to pay the Merchant directly.
(ii) In the case of credit card fraud or unauthorized use of your credit card by a third party, you must contact your bank or card issuer immediately after realizing such unauthorized use. In such a case, 96 Travel has no responsibility over any case of credit card fraud or unauthorized use of your credit card by a third party, regardless of whether such fraud or unauthorized use was carried out through 96 Travel services, other than where this arose from the fraud, negligence or willful action of 96 Travel or as otherwise required by law. Except as otherwise provided by law, 96 Travel is not obliged to make refunds or repayments to you as a result of such fraud. As part of our goodwill, we may provide a form of compensation to you subject to review and approval by us. You shall only be eligible to request compensation only if such reservations have been made through our secure servers and the fraud or unauthorized use of your credit card is a result of our default or negligence and through no fault of your own while using the secure server or you are otherwise entitled by law to be compensated. We accept no liability of the fraud or unauthorized use of your credit card if it was done through applications or servers other than our own or if it is as a result of a fault or negligence of your own. If you suspect any unauthorized reservations or fraud committed on 96 Travel, you must contact 96 Travel Customer Service.(iii) To make a reservation you must be aged over eighteen (18) years old and have full legal capacity to make the transaction (or have authorization from your legal guardian). You must use a credit or debit card that you own, issued in your name, and make sure that there are sufficient funds to cover the transaction costs. Any fees incurred by you for authorizing a transaction that results in an over-drawing of your account are not the responsibility of 96 Travel.
(iv) You shall ensure that the details you provide to us are completely accurate. 96 Travel reserves the right to not accept certain credit cards. 96 Travel can add or remove other payment methods at our sole discretion.
(v) In certain cases, we may require additional information or verification to validate and confirm the booking, as described in more detail on the Platform. Reservations are not confirmed until you have received a confirmation email with an e-ticket or voucher and there is the possibility that the Merchant can implement fraud examination mechanisms during the booking process. If fraud occurs or is determined to occur, then the booking will be void. 96 Travel shall not bear any responsibility for such cancellations by the Merchant. If you choose not to submit additional information, reservations will not be completed and will be voided.
(vi) Payments are made in the amount and currency as stated, not including bank fees or any other charges by 96 Travel.
(vii) 96 Travel does not collect taxes or levies. If a hotel or city destination charges taxes, those taxes are your responsibility.
(viii) For all forms of reservations, you must make payment within the specified time limit. If the payment is not made, then 96 Travel reserves the right to cancel all reservations.(ix) Payment methods include but are not limited to bank transfer and credit card. For payment by bank transfer, you must provide the bank transfer receipt as proof of payment of reservations listed in the 96 Travel confirmation email. You must follow the procedures contained in the confirmation email.
(x) For other payment methods such as credit card, you must follow the procedures stated by 96 Travel and/or the relevant payment service provider.
(xi) After you make full payment, 96 Travel will place the order and issue a reservation code, which will be accompanied by:
a) Booking Code;
b) Customer Name;
c) Number Booking;
d) Booking Details; and
e) Phone Number / Extension.
4. ADDITIONAL CHARGES
(i) Each price listed on the Platform is only available with certain conditions and these prices may change depending on the availability of booking, length of booking and/or other factors. Available prices can include additional taxes and other charges, but in certain circumstances it may not include taxes and other service charges (e.g., tips for tour guides, other facilities charges (if any), and other charges/fees which may arise from the use of services other than those provided by 96 Travel (if any)). You agree that you are responsible for verifying the total cost to be paid and other terms and details when the confirmation email is sent. You must verify the booking on the booking sheet, and you may cancel the booking at any time before the final confirmation is done. Prices shown are detailed so that you can see the amount to be paid, any additional costs due to the use of credit cards or inter-bank fees charged for the shipping fees will be charged to you. If there is a discrepancy in the amount paid, 96 Travel will provide an email notification of the amount to be paid by you. In the event that you cancel the booking before paying in full any existing shortcomings, 96 Travel will refund the amount paid or, subject to any applicable rights you may have at law, refund an amount reduced by the reasonable costs incurred by 96 Travel as a result of the non-payment. If you have any questions about the Services, you can contact our customer service. For any other cancellations, subject to any applicable rights you may have at law, as well as 96 Travel’s and the airline’s/vendor’s policy, 96 Travel will first investigate and verify applicable booking prior to providing refunds of the same amount paid by you, less any applicable costs incurred by 96 Travel, including however not limited to processing and administrative surcharges, inter-bank transfer fees, credit card fees etc. (“Refund Amount”). Upon successful verification by 96 Travel, refunds may be offered to you in the form of vouchers, coupons or credit notes.
(ii) You can contact 96 Travel Customer Service for further details on the estimated duration for receiving your refund and we will assist you as best as we can.
(iii) 96 Travel is not responsible or liable for any cancelled issuing of e-tickets, e-vouchers, or other transactions caused by inaccurate transfer amounts, or exceeding the time limit for transfers or any payment that is not being made directly to 96 Travel’s bank account or 96 Travel payment channels.
5. ADDITIONAL CHARGES FROM HOTELS
(i) Please note that all prices for hotel reservations provided through our Platform (the “Hotel Prices”) are based on your selections, such as for the requested period of stay and number of guests, unless otherwise specified. Hotel Prices are quoted per room and per night, unless otherwise specified. You are responsible for verifying whether your selection and any additional requests or services are reflected in the price displayed on the Platform (please refer to more details listed under the relevant headings on the Platform) and/ or in the email-coupon confirmation. Breakfast is usually not included, unless otherwise stated. Hotel resort fees and other mandatory costs (see description below) and local taxes, tourist, or occupancy charges (if any) will be paid by you and are usually not considered in the Hotel Prices unless otherwise stated. You are responsible for verifying any explanations or policies provided by the hotel on the Platform. Insurance of any kind is not included in the Hotel Prices, unless otherwise stated. The standard hotel room reservation is for one or two guests; an additional charge will usually be required for an extra bed. The hotel can refuse to accept additional guests if not notified in advance.
(ii) Please note that some hotels may require additional charges (or the like) to use certain services. This is usually not included in the Hotel Prices; more details will be included in the hotel’s description on the Platform. You may also be charged directly by the hotel for products and services including but not limited to: energy surcharge, baggage handling fees, the cost of delivery of newspapers, in-room security costs, travel/tour fees, or the cost for cleaning the rooms under extraordinary circumstances.
(iii) Optional incidental expenses and personal consumption charges (such as those incurred during the Hotel stay) are not usually included in the Hotel Price. Such charges include but are not limited to: parking fees, in-room minibar charges, telephone charges, room service, food and beverage costs, special (gala) dinner costs, movie rentals / movies- on-demand, and Internet usage costs. During certain peak holiday seasons, some hotels may make their special events or consumption compulsory. Such charges are not included in the room rate but will be displayed on the booking form. Please refer to more details listed under the relevant headings on the Platform. If you are unsure whether or not a charge is included in the tariff, please contact our customer service to clarify.(iv) Certain hotels may add fees for transport or transfer to and from the airport. This is a common practice for travelling between islands, in order to reach the hotel. Such transportation is always governed by the hotel and is offered by or on behalf of the hotel, which is responsible for the transportation service. 96 Travel does not arrange any transport and is not responsible for such transport service. You agree that 96 Travel is not responsible for the quality, safety, frequency or service level of the transportation services, and for any loss or damage that may result from the use of such transportation services.
(v) In some jurisdictions, hotels may be required by law to directly collect occupancy tax or local city tax from guests. Government authorities may also declare additional taxes and may require the hotel to collect such taxes directly. You agree to pay any and all of such taxes/costs to the hotel directly upon checkout, unless otherwise specified. If you have any questions, please contact our customer service regarding any additional costs that may be included in the Hotel Price.
(i) By making a booking, order or reservation through the Platform, you accept and agree to the terms and conditions of applicable Merchants, including policies regarding cancellation and/or absence, or your specific requests which may be given to the Merchants. 96 Travel is not responsible for any violation of these terms and conditions, or which are based on your specific requests, so please read the Merchants’ terms and conditions carefully before you make a booking, order or reservation through the Platform.
(ii) Regarding refunds, including by means of credit card chargeback, and subject to any applicable rights you may have at law, 96 Travel may have the right to withhold or take part of the amount paid to reimburse the reasonable costs that have been incurred in connection with the cancellation.
7. SPECIAL REQUESTS
(i) In the event of any special requests (for example including but not limited to: rooms to be easily accessible by wheelchair, wheelchair assistance for people with disabilities at the hotels or airplanes, change of name, change of date, adding “frequent flyer” points or equivalent, availability of the event’s seat tickets, special equipment/tools needed for the tour packages or equivalent, add-ons, change of class or upgrade class or room), you can insert the request when making a booking on the Platform or contact the Merchant directly (as applicable). The request will be addressed at the Merchant’s and 96 Travel’s discretion, based on availability and other factors. Your special requests may be subject to additional charges and/or fees by the relevant Merchant based on the discretion and/or policy of the relevant Merchant. 96 Travel is not responsible for the availability and/or fulfilment of your special requests by the Merchant.
(ii) In the event of rescheduling or modification of the reservation by you (including but not limited to changes of date, route and/or passenger, upgrade flight class or room, add-on), 96 Travel reserves its rights to cancel any new bookings created through the rescheduling process if the initial booking is no longer valid (including but not limited to instances where the ticket or hotel reservation has actually been used or refunded) based on the information received by 96 Travel from the airlines and/or hotels and/or Merchants.
(iii) For any rescheduling and/or modifications and/or changes of the reservation by you (including but not limited to changes of date, route and/or passenger, upgrade flight class or room, add-on) made directly through the airlines and/or hotels and/or Merchants, 96 Travel is not responsible directly or indirectly for matters relating to rescheduling and/or modifications and/or changes to your reservation, including but not limited to updating the booking page on the Platform and/or informing you your reservation and/or flight information that has been modified or rescheduled or changed directly through the airlines and/or hotels and/or Merchants;
(iv) any losses, claims or legal consequences arising from the rescheduling and/or modifications and/or changes to your reservation made directly through the airlines and/or hotels and/or Merchants.
8. TRAVEL ADVICE
(i) By displaying particular destinations, 96 Travel does not represent or warrant that travel to such destinations is advisable or risk-free and 96 Travel is not liable for damages or losses that may result from travel to such destinations. Under no circumstances shall 96 Travel be liable for any incidents occurring during your trip or your stay. You are personally responsible for the selection of travel, travel route and destination, for the entire duration of your trip. To the extent permitted by law, 96 Travel is not responsible for any loss that occurs if you fail to bring the required travel documents, such as your passport, e-ticket, e-voucher, and any other reasons caused by you.
(ii) Should you purchase round trip tickets under the same Airline Booking Code (Passenger Name Record, abbreviated as PNR), both the departure and return tickets must be used in full, as written in the itinerary of your 96 Travel e-ticket. Use of (a) only the departure or the return ticket; or (b) partial use of any segment of the roundtrip flight, may cause the other ticket to be invalid and not refundable. 96 Travel will not be responsible for any consequence resulting from violation of these terms and conditions.
(iii) You shall be solely responsible for obtaining, maintaining and having available for presentation, the proper and valid travel permits or foreign entry requirements (including, but not limited to, visas or other travel permits and documents, whether for transit or otherwise) applicable to you prior to finalizing your travel arrangements in accordance with the prevailing laws of the country you are traveling from, into, over or transiting in. 96 Travel has no obligation and is not responsible for notifying you of the travel arrangements and permits necessary for you to be able to carry out your travel plans. In no event shall 96 Travel be responsible or liable for any losses or damages arising out of or in relation to your travel permits.
(i) Ratings shown on the Platform are only provided for the information of users only, and existing ratings are based on information given by third parties such as suppliers, users or other review websites. We do not verify the rating given and are therefore not responsible for the accuracy of the existing rating, nor do the ratings constitute any endorsement (or otherwise) by us. In no event shall 96 Travel be responsible or liable for any claims, losses or liability with respect to the ratings shown on the Platform.
(i) We may offer lower prices and/ or promotions from time to time. Please note that these may involve different conditions and requirements as it relates to booking and refund policies.
(ii) If there is any promotion provided directly by a Merchant, then the rights and authority over the promotion will be fully under that Merchant’s separate terms and conditions and will not apply to the reservation conducted through 96 Travel.
11. RESTRICTED USE
(i) Content available on the Platform, including any information, data, text, images, sound, graphics, video, messages, reviews, or other materials, including the software infrastructure used to provide the content (“Content”), is wholly owned by 96 Travel or its suppliers and service providers, including but not limited to the Merchants (as applicable). You can use the Platform to place orders and you hereby guarantee that you will not submit false reservation requests. You hereby declare to ensure that the payment information you provide is accurate. You also guarantee providing an accurate email and mailing address as well as other details of your contact information.
(ii) You agree to not use the Platform or the Content for commercial purposes or either directly or indirectly for other than personal use or for unlawful purposes or do any acts that violate these Terms. Except with the written consent of 96 Travel, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative creations from, transfer, sell or re-sell any information, software, products or services obtained in connection with the Platform. In addition, you agree not to:
a) use the Platform or the Content for commercial purposes without permission from 96 Travel;
b) access, monitor or copy any Content on the Platform using technology, software, or any program either manually or automatically for any purpose without written permission from 96 Travel;
c) perform any action that imposes or may impose, an unreasonable burden on the Platform or Platform infrastructure;
d) link to the Platform (including but not limited to the booking path) for any purpose without the written consent from 96 Travel;
e) resell, use, copy, perform surveillance (such as using or installing spider or scrape programs), display, download or perform any Content production, software, products, services available through the Platform for commercial purposes or objectives/activities of competition;
f) reproduce the Platform (through a “frame” or “mirror”) or set up a part of the Platform on any other website without prior written consent;
g) send or store any material to or through the Platform that violates any law, regulation, or rules, or which can support unlawful or criminal activities;
h) send or store any material (including providing any links to other material) which is defamatory, slanderous, false, obscene, threatening, libelous or otherwise unlawful or tortious;
i) send spam or other unsolicited messages or otherwise cause nuisance, annoyance or inconvenience;
j) send or store any material that may infringe upon the intellectual property or other rights of a particular entity or person, including but not limited to copyrights, patents, trademarks, trade secrets, confidential information or publications;
k) send or store any material where prohibited by applicable law or violate the rights and obligations that exist based on the contractual relationship;
l) send or store any material containing software viruses, worms, trojan horses or other harmful computer code;
m) imitate any person or entity for any purposes;
n) manipulate or falsify information with the aim to disguise the origin of statements provided;
o) use the Platform in any manner which could damage, disable, obstruct, or interfere with the use of the Platform or other users of computer equipment, or cause damage, disruption or limit the functionality of the software, hardware or telecommunications equipment;
p) gain unauthorized access or perform unauthorized modification to the Platform or other related website, other accounts, computer systems, networks connected to the Platform through hacking, password theft or other similar matters;
q) obtain or attempt to obtain any materials or information by ways that are not intentionally supplied by the Platform (including but not limited to other destinations provided by the Platform). This includes but is not limited to, obtaining or collecting information about others such as email addresses;
r) engage in fraudulent acts or actions that aim to manipulate a search engine results page (“SERP”) or perform search engine optimization (“SEO”). SEO practices considered unethical or to constitute “spamdexing” include but are not limited to cloaking, metadata, title tags, content scraping, link schemes, google bomb, search keywords, hidden text or hidden links, link schemes, comments containing spam and other matters;
s) any other action which may adversely affect or result in damage to the Platform, 96 Travel or its affiliates and employees, or 96 Travel’s reputation; or
t) modify or make derivative works based on the Platform and/or the Services, or reverse engineer or access the underlying software for any reason.
By placing an order through the Platform, you hereby represent and warrant that you are not subject to any prohibitions or restrictions by any sanctions program, or subject to any penalties under any anti-money laundering regime.
12. USER REVIEW
(i) By completing a booking, you hereby agree to receive electronic mail containing an invitation to provide reviews or content reviews with respect to the selection of Merchants. 96 Travel has sole discretion whether your review will appear on the Platform. 96 Travel can display the review, which may contain comments, level of service and your name.
(ii) In providing a review, you agree to ensure that:
a) you own and control all of the rights to the reviews that you provide to the Platform;
b) you grant us a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to use your reviews, including all intellectual property rights therein,in connection with our business operations including the operation and management of the Platform;
c) the content of the review is accurate and contains no misrepresentations; and
d) the use or performance or transmission of the content of the review does not violate these Terms or applicable laws and regulations, you are not violating any third party’s rights, and you are not causing injury to any party.
(iii) You must bear all responsibility for the content of the reviews that you provide or submit.
(iv) Reviews provided by you will be deemed to not contain confidential information and 96 Travel shall have no obligation to treat any review as confidential information. Without limiting the other provisions contained in these Terms, 96 Travel has sole discretion to use reviews as deemed appropriate including but not limited to removing, cutting, modifying, or otherwise editing the review.
(v) 96 Travel shall have no obligation to pay for the content that you submit in a review, including but not limited to content review that has been changed, eliminated or cut. 96 Travel shall have no obligation to provide or include or mention authors or other third parties.
(vi) In any case, you hereby agree that with respect to the content of your reviews:
a) you do not require any attribution or identification on any derivative works;
b) you consent that all content of reviews submitted to 96 Travel may be used by 96 Travel and its employees, successors, and transfer recipients in any way, at any time. This includes but is not limited to publishing and reproduction of the review; and
c) you hereby waive all rights and agree not to claim any rights in any review.
13. INTELLECTUAL PROPERTY
(i) All intellectual property rights (“Intellectual Property Rights”), including copyright, patents, domain names, trademarks, service marks, logos, symbols or other designs on the Platform are owned by 96 Travel and its affiliated companies or by the Merchants or other third parties. All information and materials, including software, text, data, graphics, images, sounds, videos, trademarks, logos, icons, html codes and other codes on the Platform are prohibited to be published, modified, copied, reproduced, duplicated or altered except for the permitted uses in the Platform, without the express written permission of 96 Travel.
(ii) Except as expressly set out in these Terms, nothing in these Terms shall be construed as granting you a licence or any rights, implied or otherwise, to use, possess, distribute or modify any of 96 Travel’s Intellectual Property Rights. Other product and company names contained on the Platform, including names, trademarks, marks, service marks, logos, symbols or other designs may be owned or licensed for use by third parties. Use of third-party Intellectual Property Rights on the Platform is not considered a recommendation or sponsorship for the Platform by third parties.
(iii) We and our licensors own the copyright and/or other rights over the Content and the Platform. You must not modify, reproduce, copy, perform, display, publish, or exploit the Content, in whole or in part, unless you have express written consent from 96 Travel.
(iv) 96 Travel shall not be responsible for Intellectual Property Rights owned by third parties or for your and/or other party’s infringement of Intellectual Property Rights owned by third parties.
(v) You can use the information on the Platform only for personal, non-commercial use. Unless specified otherwise, and expressly permitted by the copyright laws, you may not copy, reproduce, redistribute, retransmit, publish, change, delete or otherwise commercially exploit any downloads you make from the Platform without the permission of the owner of the Intellectual Property Rights.
14. LIMITATION OF LIABILITY
(i) YOU HEREBY DECLARE TO AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW:
a) THE SERVICES AND THE CONTENT OF THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY EXPRESSLY STATE THAT WE DO NOT MAKE ANY KIND OF GUARANTEE OR WARRANTY, WHETHER EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE MERCHANTABILITY OF A PRODUCT OR SERVICE, OR SUITABILITY OF THE SERVICES WE PROVIDE FOR A PARTICULAR PURPOSE AND AGAINST NON- INFRINGEMENT WHERE APPLICABLE;
b) WE DO NOT GUARANTEE THAT: (i) THE FUNCTIONS, SERVICES AND SECURITY FEATURES PROVIDED IN THE SITE WILL BE UNINTERRUPTED OR FREE FROM ERROR; (ii) ERRORS OR FAILURE WILL BE REPAIRED; OR (iii) THE SITE OR THE SERVER PROVIDE SERVICES THAT ARE FREE FROM VIRUSES, MALWARE OR HARMFUL COMPONENTS;
c) WE DO NOT WARRANT THE ACCURACY , AUTHENTICITY , INTEGRITY OR QUALITY OF THE CONTENT, SITES OR RESOURCES AVAILABLE TO AND FROM THE SITE INCLUDING, BUT NOT LIMITED TO, ANY GUARANTEE THAT THE CONTENT, SITES OR RESOURCES ARE FREE FROM SOURCE MATERIAL THAT IS MALICIOUS, INDECENT, OR CONTROVERSIAL;
d) WE DO NOT GUARANTEE OR WARRANT THAT YOU WILL BE GRANTED VALID TRAVEL PERMITS APPLICABLE TO YOU. WE DO NOT HAVE ANY RESPONSIBILITY TO NOTIFY YOU OR INDEMNIFY YOU IN THE EVENT THAT YOU SUFFER LOSSES OR DAMAGES RELATING TO YOUR LACK OF VISA OR TRAVEL PERMITS (INCLUDING, BUT NOT LIMITED TO, REFUSAL OF ENTRY, DEPORTATION).
e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS AT YOUR SOLE RESPONSIBILITY AND RISK. YOU VOLUNTARILY ASSUME SUCH RISK, AND YOU WILL BE FULLY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO SUCH MATERIAL, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY MATERIALS THAT ARE PROVIDED.
f) WITHOUT PREJUDICE TO WHAT IS SET OUT IN THESE TERMS AND SUBJECT TO CLAUSE 15(ii), WE SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM OR CONNECTED TO YOUR USE OF THE SITE OR
USE OF THE LINKS ON THE SITE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR OTHER ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGE THAT MAY OCCUR;
(ii) The ONLY AVAILABLE REMEDY FOR YOU IS TERMINATION OF USE OF THE PLATFORM.
(i) You hereby agree to indemnify and hold harmless 96 Travel and its employees, affiliates, staff and partners, from and against any and all claims, demands, liability, damage or loss including legal fees, which arise as a result of claims of third parties in connection with: (a) your use of the Platform; (b) Content that is given, provided or accessed through this Platform; (c) your violation of the Terms; (d) violation of any other rights or obligations; and/or (e) any act or omission by you, whether negligent, unlawful or otherwise.
16. LINKS TO THIRD PARTY SITES
(i) The Platform may contain links to websites operated by parties other than 96 Travel. We do not control those sites or links and are not responsible for the content or privacy or other activities of such sites. We, or other third parties, may upload automated search results or provide links to other sites. We provide opportunities for third parties to deliver, load, transmit or otherwise make available Content. We do not review and/or do not have control over the site, source, and such Content. You agree that we are not responsible for the content or the availability of such sites and resources, and we do not endorse or recommend and are not responsible for the origin of such other sites or Content. You hereby agree to release us from and against any and all liabilities, expenses, loss, or damage, directly or indirectly caused or allegedly caused by or in connection with the use of or account for such Content, site or resource.
(i) 96 Travel has sole and full discretion to change, postpone, discontinue or stop the Platform and/or part of the Platform, including any Services, and/ or usage of the Platform, or part thereof, at any time for any reason without prior notification to you.
(ii) Intheeventoftermination,bothyouand96Travelremainboundbytheobligationsin these Terms, including but not limited to the warranties, indemnification, waiver and limitation of liabilities that you have agreed to, in relation to any Services that have been provided to you but which have not been fully provided as at the date of the termination.
(iii) 96 Travel shall not be liable to you or any third-party for any termination or suspension of your access to the Platform.
18. FORCE MAJEURE
(i) 96 Travel shall not be liable for any non-performance or breach of these Terms by 96 Travel, including transaction failure, restricted access to the Platform or cancellation by 96 Travel or suspension or non-refund thereof, or any damage, loss or harm to users caused by any act or condition beyond our reasonable control. Such events include but are not limited to natural disaster (floods, earthquakes), epidemic, riot, a declaration of war, war, military action, terrorist action, embargo, sanctions, changes in laws or regulations, lightning, hurricanes / typhoons / cyclones, labor strikes, demonstrations, airline or hotel bankruptcy or insolvency, cyber attacks, pandemics, quarantine, shutdowns or other government actions.
(ii) 96 Travel shall not be responsible for any loss, damage or harm due to such events.
19. GOVERNING LAW
(i) These Terms (and any and all disputes arising out of or in connection with these Terms (including any alleged breach or challenge to the validity or enforceability of these Terms)) shall be governed by and interpreted in accordance solely with the laws of Malaysia.
20. DISPUTES RESOLUTION
(i) In the event of a dispute arising out of or in connection with these Terms, both parties shall first discuss in good faith to reach an amicable resolution within sixty (60) days from the date of the notice of dispute. However, if such dispute may not be settled by mutual consultation within sixty (60) days, it shall be referred to mediation at the Malaysian Mediation Centre in accordance with the mediation rules thereof. If the dispute remains unresolved, the parties agree that the courts of Malaysia shall have jurisdiction.
21. ENTIRE AGREEMENT
(i) These Terms shall constitute the entire agreement and understanding between you and 96 Travel on the subject matter thereof, and shall supersede all prior agreements, whether written or oral, between you and 96 Travel concerning the subject matter thereof.
(i) If you use the Platform for or on behalf of a third-party (“Third-party”), such as a family member or a traveling companion, you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third-party of all applicable terms and conditions. When using the Platform for or on behalf of a Third-party, you agree to indemnify and hold 96 Travel harmless from and against any and all liabilities, losses, damages, suits and claims including legal fees, arising from or connected to the breach of these Terms or negligence by you and/or the Third-party.
(ii) These Terms are drawn up in the English language. Any translation into another language is for convenience and information purposes only. In case of conflict between the English language version and any such translation, the English language version shall prevail. Headings in this Agreement are inserted for convenience only and shall not affect the interpretation or construction of these Terms.
(iii) In the event that any provision is determined to be unenforceable or invalid, by any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions. The severed provision shall be replaced by a provision as close as possible to the original wording and intent.
(iv) Failure by 96 Travel to enforce any provision of these Terms at any time shall not be construed as a waiver of 96 Travel’s rights to enforce the breach of such provision or any other provision in these Terms or as a waiver of any continuing, succeeding or subsequent breach of any provision or other provisions of these Terms.
(v) You may not assign or transfer your rights or obligations under these Terms, without our prior written consent.
(vi) 96 Travel may give notice to you by means of a general notice published on the Platform or to your email address set out in your account. You must give notice to us by registered post or courier (at our registered address, or otherwise notified) where such notice is actually received by us.