The terms and conditions set out below (“Terms and Conditions”) are applicable to any and all access and use of the Website. You may view the Terms and Conditions via the link set out on the main page of the Website.
These Terms and Conditions are to be read together with the following documents:
(a) Seller Agreement (in respect of a Seller);
(b) Cancellation, Exchange, Returns and Refunds Policy; and
(d) all other policies as published on the Website from time to time.
All prices are nett or charges are including 6% GST. All prices or charges are subjected to additional of 6% Government Service Tax (GST) effectively from April 1st, 2015 for all of our tour bookings and check in and out dates.
CANCELLATION & OTHERS
All content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials related to the Site (“Content”) are works protected under the Malaysian Copyright Act 1987.
Subject to the exceptions stated in this Agreement, the User is strictly prohibited from carrying out any of the following acts without the prior written consent of the GunungHub:-
modifying, copying, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, transferring, downloading, posting, creating derivative works from, framing and using on any other website, the Content; and
transferring and / or selling any information, software, user list, database or other lists, compilations, products or services provided through or obtained from the GunungHub or from the Site including but not limited to, the texts, graphics, logos, photos, audio files and visual files.
No part of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, for republication, distribution, assignment, sublicense, sale, and preparation of derivative works or other use other than for the User’s personal use only. The User further agrees that he or she will not infringe the GunungHub’s copyright by any method or manner now known or as may exist in the future.
The User hereby agrees to assign absolutely to the GunungHub all title and interests relating to copyright in the listings and advertisements posted on the Site, including but not limited to texts, graphics, drawings, layouts and photographs (‘the Assigned Works’).
The User hereby warrants that he or she is the copyright owner in the Assigned Works and any marks reproduced by the User on the Site and shall indemnify the GunungHub from any claims by any third party arising from the ownership of the Assigned Works or marks.
All photographs used in any listings and advertisements and posted on the Site will be endorsed with the GunungHub’s watermark seal (the “Watermark”). The Watermark shall not at any time be removed, altered or tampered with.
The GunungHub takes a serious view of intellectual property right infringement and will not hesitate to take action including commencing legal proceedings against any person for such infringement. The GunungHub aggressively enforces its intellectual property rights to the fullest extent of the law.
TERMINATION AND SUSPENSION
GunungHub reserves its right to immediately suspend or terminate its service to the User without warning and/or notice for violation of any of the terms and conditions in this Agreement.
GunungHub does not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be disrupted due to numerous factors outside the GunungHub’s control and the GunungHub shall not be liable for any loss, liability or damage which the User may incur as a result.
The Site and the Services are provided “as is” and as and when available, without any warranty of any kind whether express or implied including but not limited to warranties of merchantability, fitness for purpose, title or non-infringement. To the extent permissible by law the GunungHub excludes all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance.
The User acknowledges and agrees that the GunungHub does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any products or services advertised on the Site through the Services, and the GunungHub hereby expressly disclaims all liabilities and responsibilities arising in relation to any products or services whether available or advertised via the Site through the Services.
The User agrees that all statements, offers, information, opinions, materials, Content, and third party products or services, from other Users and from advertisers and other third parties on this Site should be used, accepted and relied upon only with care and discretion and at the User’s own risk, and the GunungHub shall not be responsible for any loss, damage or liability suffered by the User arising from such use or reliance.
EXCLUSION OF LIABILITES
To the full extent allowed by applicable law, in no event shall GunungHub, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns, be liable under any circumstances for:
a) any punitive, incidental, indirect or consequential damages and/or losses related to this agreement including economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings);
b) any loss of goodwill or reputation;
c) any special, indirect or consequential damage arising out of or in connection with this Agreement, including but not limited to actions for breach of contract, actions under the tort of negligence, defamation, copyright infringement, trade mark infringement, passing-off, infringement of registered industrial designs , patent infringement, breach of confidence;
d) any liability at common law; or
e) in any other way.
Subject to the limitation stated above, nothing in this Agreement shall be deemed to limit or exclude the GunungHub’s liability for fraudulent misrepresentation, or for death or personal injury resulting from the GunungHub’s negligence or the negligence of the GunungHub’s servants, agents or employees.
For avoidance of doubt, the GunungHub is not liable and shall not be liable for the acts or omissions of other providers of telecommunications services or for faults in or failure of their networks and equipment.
The User at all times agrees and undertakes to indemnify, hold harmless and defend the GunungHub, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns from any actions, claim, demand, proceedings, costs, liabilities and expenses (including reasonable legal fees and disbursements) sustained, incurred or paid by the GunungHub directly or indirectly, due to or arising out of the User’s breach of this Agreement (including the documents incorporated by reference), or arising out of the User’s violation of any law or the rights of a third party.
In the event that one User has a dispute, claim and/or action against one or more other Users, the User hereby agrees to release the GunungHub, its parent company, subsidiaries, associated companies, directors, officers, employees, servants, suppliers, agents or assigns to the full extent allowed by the applicable law from all claims, demands, expenses, costs and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including legal fees) arising out of or in any way connected with such disputes.