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USE
OF THIS WEBSITE IS ON CONDITION THAT YOU ACCEPT WITHOUT
VARIATION THE TERMS AND CONDITIONS SET OUT HERE WHICH MAY BE VARIED BY
US ("Capslock Sdn. Bhd.") FROM TIME TO TIME WITHOUT NOTICE
TO YOU. IF YOU DO NOT AGREE
TO ANY PART OF THE FOLLOWING TERMS OR CONDITIONS, YOU MUST NOT USE THIS
WEBSITE.
1. REPRESENTATIONS & WARRANTIES.
You represent and
warrant that:
a.
You
are of sufficient legal age to use these websites 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 websites;
b.
All
information supplied by you as a result of using these websites is true
and accurate;
c.
You will 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;
d.
You
will not use these websites to make any speculative, false or fraudulent
reservations or any reservation in anticipation of demand without full
non-refundable payment.
2.
DISCLAIMER
Your
use of these websites is at your sole risk. These websites (including
products and services) is provided on as "as is" basis
and information is subject to change without notice, and you assume total risk and responsibility for your use of these
websites.
To
the maximum extent permitted by law, Capslock Sdn. Bhd. specifically
disclaims all warranties, express or implied, in respect of these websites
purpose, non-infringement of intellectual property or other proprietary
rights or compatibility between these websites and any software or
hardware.
While
every effort has been taken to assure accuracy in the free information and
data presented on these websites at the time of publishing, Capslock Sdn. Bhd.
neither warrants nor makes any representations regarding the
accuracy or completeness of these websites or of any of the data or
information contained in these websites or that the use of these websites
will be uninterrupted or error free or that any information, data,
content, software or other material accessible through these websites will
be free of bugs, viruses, worms, Trojan horses or other harmful
components.
3.
LIMITATION OF LIABILITY
Capslock
Sdn. Bhd shall not be liable for any direct, indirect, special, incidental
or consequential damages arising out of or in any way connected with the
use of or inability to use these websites, or the information, products
and services obtained through these websites, the submission of any
personal information, including, but not limited to, bank and credit card
details, the performance or non-performance by Capslock Sdn. Bhd. or any
unauthorized access or breach of security into these websites through the
internet or otherwise arising, whether based on contract, strict
liability, tort (including negligence), product liability or otherwise
even if Capslock Sdn. Bhd. has been advised of the possibility of
such damages.
Not
withstanding anything to the contrary in this Agreement, the liability of
Capslock Sdn. Bhd. shall in no event exceed, in the aggregate, Ringgit
Malaysia One Hundred and you agree that if you engage legal action you
will fully reimburse all attorney and legal fees incurred by Capslock Sdn.
Bhd in such action.
4.
ACKNOWLEDGMENTS
The
disclaimer and limited liability of Capslock Sdn. Bhd. as set in this
Agreement are fundamental elements of the basis of this agreement between
you and Capslock Sdn. Bhd., and you agree that Capslock Sdn. Bhd. would
not otherwise be able to offer the information, products and services on its present
basis without such limitations. This clause shall survive any termination
of any part of this Agreement.
5.
CANCELLATION OF SERVICE
Capslock
Sdn. Bhd may at any time and at its sole discretion and without cause or
notice, terminate or restrict your access to these websites or refuse to
provide services requested without being
required to give any reasons or advance notice to you.
6.
INDEMNITY
You
shall indemnify and keep Capslock Sdn. Bhd indemnified against all claims,
demands, actions, proceedings made or brought against Capslock Sdn. Bhd
arising from your use of these websites and/or any breach of any term or
condition by you.
7.
LINKS TO THIRD PARTIES
These
websites may contain hyperlinks to websites operated by parties other than
Capslock Sdn. Bhd.. The inclusion of hyperlinks to such websites does not
imply Capslock Sdn. Bhd�s endorsement of such websites nor any
association with their operators. Capslock Sdn. Bhd is not responsible for
the contents of other websites.
8.VARIATIONS
Capslock
Sdn. Bhd. may at any time vary these terms of use (including without
limitation Capslock Sdn. Bhd�s conditions of purchase as set out below).
9.
SEVERABILITY
Any
provision of this Agreement which is invalid, prohibited or unenforceable
in any jurisdiction shall:
a.
Be
ineffective in that jurisdiction to the extent of the invalidity,
prohibition or unenforceability;
b.
Not invalidate the remaining provisions of this Agreement; and
c.
Not effect the validity of that provision in any other jurisdiction.
10.
RELATIONSHIP BETWEEN THE PARTIES
No
joint venture, partnership, employment or agency relationship exists
between you and Capslock Sdn. Bhd as a result of this Agreement or
your use of these websites.
11.
ADDITIONAL TERMS AND CONDITIONS
Additional
terms and conditions will apply to your booking and purchase of products
and services. You agree to abide by Capslock Sdn. Bhd's conditions of
purchase and/or the terms and conditions of any supplier of the
travel-related products or services.
12.
ENTIRE AGREEMENT
This
Agreement, including Capslock Sdn. Bhd�s condition of purchase which are
set out below, is 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.
13.
GOVERNING LAW
sThis
Agreement shall be governed by and construed in accordance with the laws
of Malaysia and you submit to the exclusive jurisdiction of the courts of
Malaysia.
Please
note that the booking and purchase of products and services are subject to
the following terms and conditions
AND
other terms imposed by our suppliers from time to time ("Supplier
Term").
By
effecting a booking through these websites, you agree to be bound by
Capslock Sdn. Bhd conditions of purchase and the supplier terms.
1.
RATES
The
rates quoted in respect of the products or services are subject to change
without notice.
2.
VOUCHERS
It
is your responsibility to ensure that the details on your travel voucher
are in order. You are liable for any additional charges arising from
correction of any inaccuracies in the voucher.
3.
PAYMENT
a.
Depending on the service requested, payment must be made 50% deposit or in full upon confirmation or your reservation
will be cancelled automatically, please inquire for your particular
service.
4.
BOOKING/RESERVATION REQUESTS
In
processing your booking/reservation request, we check availability with
the individual travel provider for the time period in question. Capslock
Sdn. Bhd. will notify you by email or telephone of availability.
Upon your wire transfer, telegraphic transfer, or direct deposit into
the current account of Capslock Sdn. Bhd. of the total due for the
requested services, please confirm your transfer of funds by faxing
your transfer receipt to Capslock Sdn. Bhd. at 006-03 9171 7867. Capslock
Sdn. Bhd. will then contact the supplier and request a confirmed booking on
your behalf. Submission of your booking/request and funds shall be
deemed to be IRREVOCABLE AUTHORIZATION by you for Capslock Sdn. Bhd to
book the Travel Product(s) immediately on your behalf. If
by the time your booking payment is received, your requested tour package
is no longer available, Capslock Sdn. Bhd. will contact you with
alternative dates available. If you are agreeable with an alternative date, your booking will
proceed. If
no alternative is acceptable to you, your booking fee will be refunded
in full, less telegraphic transfer or other fees as applicable.
5.
CURRENCY
You
may make payment in any one of the currencies supported on these websites,
currently Ringgit Malaysia. The applicable exchange rates of the supported
currencies shall be determined at the sole discretion of Capslock Sdn. Bhd.
from time to time. The exchange rates determined shall be final and is not
negotiable.
6.
LIABILITY
Capslock
Sdn. Bhd merely acts as a platform for products and services of the
suppliers and shall not be responsible nor liable for :
a.
Overbooking, misinformation or mishandling of any reservation or booking
by the suppliers; or
b.
Any other dissatisfaction or complaint of the consumer in relation to the
quality of the products or services provided by supplier or otherwise
howsoever;
c.
Any damage or loss to your personal property or personal injury howsoever
sustained or caused.
In
the event of mishandling, misinformation or overbooking by a supplier, or
any other dissatisfaction or complaint aforesaid, the member should take
up the matter directly with the supplier who is under an obligation to
deal with such matters in accordance with their own individual policies. Capslock Sdn. Bhd. will send you a copy of applicable supplier
terms upon request.
7.
TRAVEL REQUIREMENTS
It
is your responsibility to obtain a visa (where required).
Please
ensure you have a valid passport for the duration of your trip, plus 6
months. If you
require any further information on passport or visa requirements please
refer contact the nearest applicable embassy.
8. NON-AVAILABILITY
All products and
services offered on these websites are subject to availability and
acceptance, at the discretion of the supplier of such product or service.
In
the event a product or service is not available for booking by the time
your booking funds transfer is complete, Capslock Sdn. Bhd shall use its
reasonable endeavors to suggest an alternative product or service of similar
pricing and quality.
Where the product or
service is either not available or our suggested alternative (where
applicable) is not acceptable to you, but the booking fee is fully paid, we
shall make a refund in accordance with our refund policy as noted under
section 4 bookings/reservations above.
If you fail to accept
our suggested alternative product or service by the specified deadline, we
reserve our right to cancel our tentative booking of the same and
automatically refund according to the refund policy in section 4 above.
9. REFUND POLICY
There will be no refund upon
confirmation of booking of requested product or service, as confirmation
entails the travel provider no longer offer the requested services to
other members of the public for the time period requested. Capslock
Sdn. Bhd. recommends you purchase
Travel Insurance to reimburse you in the unlikely event you must
cancel or change your travel plans or circumstance beyond the control of
the individual operator cause cancellation.
Capslock
Sdn. Bhd
18 - 8 - 8 Indah
Mas, Jalan Ikan Mas, Cheras, 56000 Kuala Lumpur,
Malaysia
Tel
- 603 91717867 or 603 91717852 Fax 603 91717867
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