Term of Service

This website or portal (including such services as may be made available on and/or through this website or portal) (“Website/Portal”) is owned and operated by Trip Jalan-Jalan Sdn Bhd known as TRIP JALAN-JALAN and its approved third party vendors. Your access and/or use of this Website/Portal are governed by these Terms and Conditions including any amendments thereto which TRIP JALAN-JALAN, at its sole discretion, may make from time to time (collectively referred to as the “Terms and Conditions”).

TRIP JALAN-JALAN has the right at any time, to change or discontinue any aspect or feature of this Website/Portal, including but not limited to the content and availability. You are advised to refer to the Terms and Conditions each time you access and/or use this Website/Portal to ascertain and understand any deletion, modifications, variations and/or additions that may be made to the Terms and Conditions from time to time and you shall be deemed to have agreed to and accepted the Terms and Conditions, including such deletions, modifications, variations and/or additions each time you access and/or use this Website/Portal.

You shall use this Website/Portal for lawful purposes only. In this regard, you further acknowledge and agree not to:

1. upload, post, publish, e-mail, reproduce, link directly or indirectly, distribute or otherwise transmit any content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, deceptive, fraudulent, hateful, racially or ethnically discriminatory, invasive of another’s privacy, contains explicit or graphic descriptions or accounts of sexual acts or violence, discriminates , victimizes, degrades or intimidates an individual or a group of individuals based on religion, gender, sexual preferences, race, age, or disability, promotes or provides any instructional information of violence, illegal activities or sexual misconduct or cruelty to animals;
2. impersonate any person or entity or misrepresent your affiliation with a person or entity;
3. forge or manipulate headers and/or identifiers to disguise the origin of any context or use any service as storage for remote loading or as a door/signpost to another homepage or website;
4. upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content that is not yours or which you do not have any right, whether legally, contractually or through a fiduciary relationship or otherwise, to the said content;
5. upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
6. upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content or form of solicitation including, but not limited to any advertising, promotional materials, “junk mail”, “spam”, “chain-letters”, or “pyramid schemes” UNLESS such form of solicitation is expressly permitted by TRIP JALAN-JALAN for such a designated purpose. However, such proviso does NOT apply to any “junk mail”, “spam, “chain-letters”, or “pyramid schemes” or other generic forms;
7. upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that is infected with software viruses, Trojan horses, worms, logic bombs or any other infections or any other computer code, files or programmers designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to carry out any other similarly destructive activity;
8. act in any manner that negatively affects other users’ ability to engage in this Website/Portal or use any of the services herein;
9. engage in any activity that is contrary to or which would adversely affect the purpose or intention of this Website/Portal;
10. engage in any manner that is interfering and/or disrupting or in breach of the procedures, policies or regulations of any of the servers or networks connected to this Website/Portal;
11. intentionally, in a negligent manner or innocently violate any applicable local, state, national or international law currently in force (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or otherwise create any liability for TRIP JALAN-JALAN or its affiliates; and
12. shall not undertake any scheme to undermine the integrity of the computer systems or networks used by TRIP JALAN-JALAN and/or any other user and you shall not attempt to gain unauthorized access to such computer systems or networks.

Control and monitoring

You acknowledge and agree that, where any material in any form or manner is created, maintained, uploaded, posted, published, e-mailed, reproduced, distributed or otherwise transmitted by any third party user, TRIP JALAN-JALAN will not pre-screen, control, monitor, guarantee, review or edit any such material. However, TRIP JALAN-JALAN has the discretion, for any reason whatsoever and without providing any reason, to modify, add, delete or refuse, in whole or in part, any material in any form or manner, if TRIP JALAN-JALAN is of the opinion that such material is in breach of the spirit of any of the Terms and Conditions or is undesirable, inaccurate or untrue.

You acknowledge and agree that TRIP JALAN-JALAN may disclose and inform any authorities of any material in any form or manner created, maintained, uploaded, posted, published, e-mailed, reproduced, distributed or otherwise transmitted by you if, in the sole and absolute discretion of TRIP JALAN-JALAN and without reference to you or any person(s) whatsoever, it be necessary or compulsory to comply with any authorities, legal or otherwise, or necessary or compulsory to comply with any valid claims that such material has violated any third party rights, property or the personal safety of TRIP JALAN-JALAN, its affiliates, directors, officers, employees, agents, successors and assignees, or of the general public.

Copyright

Unless otherwise stated, all content within this Website/Portal including but not limited to, the rights to the look and feel of this Website/Portal, any headers and titles, text, graphics, images, audio and video clips, software, title, logo, trademark, marks, patents and legend or any other proprietary rights are either owned by TRIP JALAN-JALAN or have been licensed to TRIP JALAN-JALAN by the respective owners of those rights for use in the Website/Portal and are protected in accordance with the applicable intellectual property laws. You hereby acknowledge and agree that TRIP JALAN-JALAN shall have the exclusive rights conferred to it under law and shall be entitled to institute any legal action or proceedings for any infringement, breach or default of its rights.

You hereby agree that TRIP JALAN-JALAN shall be indemnified for any damages, costs of solicitors and any interest charged for the defense of TRIP JALAN-JALAN, its affiliates, directors, officers, employees, agents, successors or assignees, against any other individual or entity arising from your violation of any of the Terms and Conditions.

Linked sites

This Website/Portal may contain links to third party websites. You acknowledge and agree that TRIP JALAN-JALAN will not be held liable, directly or otherwise, or is in any way responsible of the content of the third party websites you access to since TRIP JALAN-JALAN does not review, control or examine the content of the third party websites. Further, TRIP JALAN-JALAN linking to such third party websites or posting of materials or advertising of such third party websites is not an endorsement of or representation concerning these third party websites, materials, products or services.

All title, logo, trademark and intellectual property rights in the content of any third party websites is the property of the respective owner of such linked websites and may be protected by applicable copyright or other intellectual property laws or treaties. You are hereby advised to read the terms and conditions and any policy that governs the particular third party website. TRIP JALAN-JALAN has the right and the sole discretion to add, change, decline or remove, without any notice, any feature or link to any of the linked sites from this Website/Portal. You may only link another website to this Website/Portal with TRIP JALAN-JALAN prior permission. TRIP JALAN-JALAN agreement to link with any other website should not be interpreted or represented to be an endorsement by TRIP JALAN-JALAN of any product, position, entity or organization.

Registered Users / Contributors

Usage of certain products and services in this Website/Portal may require registration. In such case where registration is required, you are identified as a “Registered User” upon the completion of the applicable registration process and you shall agree as follows:

1. You shall be responsible for the confidentiality of the user account established for you, including the user ID and password assigned to and/or created for the user account.
2. You shall be responsible for all uses and the content of your user account.
3. If you have registered as a business entity, you represent that:
• you have the authority to bind the entity to the Terms and Conditions of this Website/Portal;
• the address you use when registering is the principal place of business of such business entity; and
• all other information submitted to the TRIP JALAN-JALAN and this Website/Portal during the registration process is true, accurate, current and complete.
4. TRIP JALAN-JALAN reserves its right to suspend or terminate a Registered User’s account at any time.
5. You as a Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer a user account, ID or password to a third party without the prior written consent of TRIP JALAN-JALAN. TRIP JALAN-JALAN may suspend or terminate the account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this section.
6. TRIP JALAN-JALAN also reserves the right to refuse registration and deny the issuance of an account and/or any other related account and associated user ID and password to any user for any reason.

By submitting any idea, suggestion, feedback, comment, proposal, materials, information and/or document (“Contributions”) through this Website/Portal, you acknowledge and agree that:

1. The Contributions do not contain any confidential or proprietary information and TRIP JALAN-JALAN is not under any confidentiality obligation, express or implied, with respect to the Contributions; and
2. The Contributions automatically become the property of TRIP JALAN-JALAN without any obligation of TRIP JALAN-JALAN to you, unless provided otherwise by the law.

No sales agency relationship is created between you and TRIP JALAN-JALAN, our affiliates, directors, officers, agents or employees by virtue of TRIP JALAN-JALAN display of any of your information on this Website/Portal or its relevant micro-site.

You hereby represent, warrant and agree to:

1. provide TRIP JALAN-JALAN with true, accurate, current and complete information to be displayed on this Website/Portal and/or the relevant micro-site; and
2. maintain and promptly amend all information to keep it true, accurate, current and complete.

You hereby represent, warrant and agree that you have obtained all necessary third party copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party, for any material or information you posts on this Website/Portal and/or the relevant micro-site or provide to TRIP JALAN-JALAN or authorize TRIP JALAN-JALAN to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on this Website/Portal and/or the relevant micro-site, or affecting or relating to the products and services that are made available or displayed on this Website/Portal and/or the relevant micro-site, are hereafter referred to as “Third Party Rights.” You hereby represent, warrant and agree that you shall be solely responsible for ensuring that any material or information that you post on this Website/Portal and/or the relevant micro-site or provide to TRIP JALAN-JALAN or authorize TRIP JALAN-JALAN to display does not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights.

You hereby represent, warrant and agree that information which you have submitted to TRIP JALAN-JALAN for display on this Website/Portal and/or the relevant micro-site shall be in accordance with the User Conduct stated in this Terms and Conditions.

You hereby grant an irrevocable, perpetual, paid-up in full, worldwide and royalty-free, sub-licensable (through multiple tiers) license to TRIP JALAN-JALAN to display and use all information provided by you in accordance with this Terms and Conditions and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.

TRIP JALAN-JALAN reserves the right in its sole discretion to remove any material displayed on the relevant micro-site which it reasonably believes is unlawful, could subject TRIP JALAN-JALAN to liability, violates this Terms and Conditions or is otherwise found inappropriate in TRIP JALAN-JALAN sole and absolute discretion. TRIP JALAN-JALAN reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. You agree that TRIP JALAN-JALAN shall have no liability to you, including no liability for consequential or any other damages, in the event TRIP JALAN-JALAN takes any of the actions mentioned in this section, and that you agree to bear the risk that TRIP JALAN-JALAN may take in connection with any such actions.

Miscellaneous

TRIP JALAN-JALAN retains the right, at any time and without any notice or cause, to discontinue this Website/Portal and any services made available on and/or through this Website/Portal.

You acknowledge and agree that the laws of Malaysia shall govern the Terms and Conditions, and the courts of Malaysia shall have jurisdiction in connection to any claim and dispute involving TRIP JALAN-JALAN, its affiliates, directors, officers, employees, agents, successors or assignees. Users who choose to access this Website/Portal from other locations other than Malaysia shall do so on their own initiative and are personally responsible to comply with all applicable local laws affecting or being applicable to the particular user.

If any of the provisions of these Terms and Conditions are deemed to be illegal, void or unenforceable for any reason, then such offending provision shall be deemed to be severed from these Terms and Conditions and the remaining unaffected Terms and Conditions shall remain in full force and effect. Any failure by TRIP JALAN-JALAN to enforce any Term and Condition shall not be deemed to be a waiver of any right to enforce such Term and Condition in the future.