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Website Terms of Use (TOU)

Services

DestinationMalaysia.my provides travel related services (“Services“) operated by TM Info-Media Sdn Bhd (“TMIM”) and/or its affiliates (“Destination Malaysia”). By accessing and using the information and/or materials downloaded from this site or sites which are owned and/or operated by the Destination Malaysia or its affiliates, you are agreeing to comply with and be bound by the following terms of use, which may be updated and amended from time to time.

In the event of any inconsistency or conflict between the applicable additional terms and conditions, Destination Malaysia's, and/or its related corporations' rules, procedures, terms and conditions as determined from time to time AND these terms and conditions, the applicable additional terms and conditions will prevail (unless specifically provided otherwise).

On Destination Malaysia, you can find valuable traveler information, search for and find travel and travel related products and services as displayed and buy online from Destination Malaysia and its alliance partners. PLEASE TAKE NOTE that Destination Malaysia is not the end travel product/ travel service provider/ deals, hence Destination Malaysia shall not directly responsible for the end delivery of the travel/deals products and services being offered on the portal. Our aim is to make your search easy and accurate and to enable you to book and buy travel/deals products and services conveniently through us and our alliance partners via Destination Malaysia’s website.

Destination Malaysia is a travel metasearch engine, not a travel agent. We do not hold the details of any bookings. The final delivery of the product / service lies with the end service provider (ie. Airlines, Hotels, Deals). Destination Malaysia disclaims all responsibility / liability for the same.

Use of Services Conditioned on Acceptance of these Terms and Conditions

The Services are offered to you conditioned on your acceptance without modification of these terms of service (“Terms”). Your access, use of the Services and any content made available through the Services constitutes your agreement to these Terms.

1. Limitations on Use

You agree that you will use the Services solely for your own personal, noncommercial, lawful purposes, and in accordance with these Terms. You will only use the Services to make legitimate inquiries, reservations or purchases, and not for any purpose that is unlawful or prohibited by these Terms, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services and will not send automated queries of any sort to the Services.

2. Changes

Destination Malaysia reserves the right to modify or terminate the Services from time to time, for any reason, and without notice, without liability to you, any other user or any third party. Destination Malaysia reserves the right to change, amend and/or add to these Terms in the future and asks you to review these Terms from time to time so that you will be aware of any changes, amendments and/or additions. Your continued use of the Services following any change, amendment and/or addition will be subject to the Terms in effect at the time of your use.

3. Privacy

The Destination Malaysia privacy policy is available for your review at www.destinationmalaysia.my/SitePages/privacypolicy.aspx. You hereby consent to the information practices and disclosures set forth in that policy, and agree that those practices are reasonable and acceptable for the purpose of the Services. Should there be any conflict in relation to the terms of the above stated privacy policy, kindly refer to our standard privacy notice at www.tm.com.my.

4. User Account

You may choose to create an account with Destination Malaysia and provide certain data. In consideration of Destination Malaysia permitting you to use the site and in providing such data, you represent and warrant that the information about you is true, accurate, current and complete. You are responsible for maintaining the confidentiality of the password and user ID of your account, and are fully responsible for all activities that occur under your password or user ID. You hereby assure that your account is for your own use only. You may not permit others to use your passwords. You agree to (a) immediately notify Destination Malaysia of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Destination Malaysia cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.

5. Disclaimer of Warranty

THE SERVICES ARE PROVIDED BY DESTINATION MALAYSIA “AS IS” AND YOU USE THEM AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. DESTINATION MALAYSIA DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by law.

6. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL DESTINATION MALAYSIA OR ITS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF DESTINATION MALAYSIA OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF THE SERVICES. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS DISPLAYED THROUGH THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW AND EVEN IF DESTINATION MALAYSIA OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for incidental damages, consequential damages, or intentional conduct, so the above limitations and exclusions may not apply to you. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law. IN NO EVENT SHALL DESTINATION MALAYSIA’S LIABILITY TO YOU EXCEED RM100 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF DESTINATION MALAYSIA OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

7. Indemnification

You agree to defend and indemnify Destination Malaysia, its subsidiaries, affiliates, and associated companies 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 (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) your use of the Services.

8. Trademark Notices

Destination Malaysia’s logo(s) and slogan(s) are trademarks of Destination Malaysia. Other product and company names mentioned herein may be the trademarks of their respective owners. Unauthorized use of the Services and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.

9. Third-party Providers and Sites

9.1 The third parties offering travel product options, or products or services that are accessible or bookable through the Services are independent contractors and are not agents or employees of Destination Malaysia or its subsidiaries, associated companies or affiliates.

9.2 You understand the mere fact that the Services display travel product options, or offer the sale of products or services of certain third parties does not in any way imply, suggest, or constitute any sponsorship or approval by Destination Malaysia of any such provider or any affiliation between any such provider and Destination Malaysia. Unless otherwise expressly stated, Destination Malaysia’s display of specific options does not suggest a recommendation by Destination Malaysia of the providers or their travel options, products or services.

9.3 You agree that Destination Malaysia is in no way responsible for the accuracy, timeliness or completeness of information it may obtain on your behalf from these travel product providers, travel deal providers or deal providers.

9.4 You have to transact with and make payment directly to third party travel or deals service providers or their agents which are displayed by the Services. Your interaction with any travel product provider or deals provider accessed through the Services is at your own risk and may be based on terms and conditions imposed independently of Destination Malaysia by such third parties, and Destination Malaysia shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.

9.5 Furthermore, Destination Malaysia’s website and the Services provided or available therein may also contain hyperlinks and sources to other websites operated by third parties. Destination Malaysia does not control such websites and is not responsible for their contents. Destination Malaysia also does not control the contents of or information published by any third party travel and deal provider. Destination Malaysia’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

9.6 You acknowledge and agree that Destination Malaysia is not responsible for the availability of any links or accessibility to any third party websites and services that are not owned, controlled by or connected to Destination Malaysia in relation to deals. Destination Malaysia assumes no responsibility whatsoever for the content, privacy policies and practices of these third party websites and/or services. In addition, Destination Malaysia shall also not be responsible for any data/information, including any of your personal information (such as name, telephone number, age, etc), that you share through any communication or interaction with any third party in connection with these Services. Any dealings between you and any third party advertisers or merchants found on or via deals, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the relevant advertiser or merchant.

10. Miscellaneous

You may not assign, delegate or transfer your rights or obligations under these Terms. You will review these Terms periodically. If Destination Malaysia fails to act with respect to your breach of these Terms or anyone else’s breach on any occasion, Destination Malaysia is not waiving our right to act with respect to future or similar breaches. These Terms are governed by the laws of Malaysia without reference to its choice of law principles. You hereby consent to the exclusive jurisdiction and venue of courts in Malaysia, in all disputes arising out of or relating to the use of the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and these Terms shall continue in effect. These Terms (and the Privacy Policy referenced herein) constitute the entire agreement between you and Destination Malaysia with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Destination Malaysia with respect to the Services.