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The following terms and conditions create a legally binding agreement between you and Perhentian Island Resort Sendirian Berhad ("perhentianislandresort.net", "we" or "us" as the context may require). You acknowledge that your use of www.perhentianislandresort.net (the "website") is on condition that you accept without variation the terms and conditions set out herein which we may vary at our absolute discretion from time to time with or without notice to you. You acknowledge that your use of this website constitutes your agreement to all the terms and conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use this website nor the services provided therein.
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| a. |
In order to use the website and the products and services provided herein, you must provide all the necessary equipment such as an internet-ready computer and modem; pay any fee (including telephone charges) associated with the provision of access to the internet; you may also have to provide certain current, complete and accurate information about yourself as prompted by our registration form; maintain and update such registration details so as to keep the same current, complete and accurate. |
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| b. |
We reserve the right to terminate your account and your use of this website without notice to you if it comes to our attention that any of the registration details you have provided is not current, incomplete or inaccurate. |
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Keep your username and password secure and protected from unauthorized access or use |
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| b. |
Be entirely responsible for any and all activities that occur under the use of your username and password whether or not actually or expressly authorized by you. |
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| c. |
Immediately email us at webmaster@perhentianresort.com.my if you become aware of, or suspect, that your username and password have been misused or compromised in any way, or any other breach of security that comes to your attention |
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| d. |
Not use this website in any way which interferes with its availability to other users nor do anything that degrades the operational performance of the website |
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| e. |
Not post or transmit onto the website or to any other users, any unlawful, harassing, abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, racially or ethnically objectionable, 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 |
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| f. |
Not interfere with other users' use and enjoyment of the website and the services therein or engage in surveys, contents, chain letters or post/transmit "junk mail", " spam" or any unsolicited mass dissemination of email |
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| g. |
Not upload or distribute any files that contain viruses, corrupted files or any other similar computer program � that may adversely affect the operational performance of another computer |
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| h. |
Not use any device, software or routine or attempt to interfere with the proper functioning of the website or any transaction offered at this website |
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| i. |
Not use the website for any illegal purpose |
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| j. |
Not use this website to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand |
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| 3. |
Representations & Warranties |
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You represent and warrant that: |
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| a. |
You are of sufficient legal age and capacity to use this website in accordance with all terms and conditions herein and to create binding legal obligations in relation to the access and use of this website and the� services therein |
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| b. |
You are legally and financially responsible for all uses of this website under your username and password whether or not actually or expressly authorized by you |
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| c. |
All information supplied by you is true, current complete and accurate |
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You acknowledge that the content of the website, including but not limited to data, text, software, music, sound, photographs, video, graphics or other material contained in any form including but not limited to advertisements or commercially produced information presented to you through the website, by us, or our advertisers or other content providers, is protected by copyright, trade marks, service marks, trade secrets,� patents, database rights, moral rights, publicity rights, confidentiality or other proprietary rights and laws, belong to perhentianresort.com.my or such third party identified therein. The name of perhentianresort.com.my or the trade marks, service marks and logo used and displayed on this website may not be used in any way, including in advertising or publicity, without prior written permission of perhentianresort.com.my. |
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| b. |
You may make a copy of the content on this website for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not further copy, modify, edit, reproduce, create derivative works or materials, republish, upload, post, transmit, or distribute in any way the content available through the website, including code and software. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, databases or directory is prohibited. |
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You are not to download or otherwise export or re-export any software or underlying information or material available through this website, except to the extent that such downloading occurs in the course of using this website in accordance with our written instructions or otherwise as expressly permitted in this Agreement. |
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| d. |
This clause shall survive any termination of this Agreement. |
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You acknowledge that your use of this website is at your sole risk and discretion. This website (including the products and services provided herein) are provided on an "as is" and "as available" basis and you assume total risk and responsibility for any loss or damage arising from or attributable to your use of this website (including the products and services provided herein) including but not limited to any damage to your computer, equipment or loss of your data. |
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perhentianresort.com.my neither warrants nor makes any representations regarding the accuracy, quality, timeliness, merchantability, fitness for a particular purpose or completeness of this website or of any of the data,� communications, transmissions, information or service contained in this website or that the use of this website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this website will be free of bugs, viruses, worms, cancelbots, trojan horses or other harmful components. |
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We may modify or discontinue the website; any of the features or services of the website and the information � contained therein, at any time, with or without notice to you, without any liability whatsoever to you or any third party. |
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| 6. |
Limitation of Liability |
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To the maximum extent permitted by any law, perhentianresort.com.my specifically excludes any and all liability for any direct, indirect, special, incidental or consequential damages arising out of or in any way connected with the access to and use of, availability of or inability to access to and use of this website, or the information,� products and services obtained through this website, the submission of any personal information, including, but not limited to, bank and credit card details, the performance or non-performance by perhentianresort.com.my
or any unauthorized access breach of security into this website through the internet or otherwise arising, whether based on contract, strict liability, tort (including negligence), product liability or otherwise even if perhentianresort.com.my or its agents or employees have been advised of the possibility of such damages.
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| b. |
Notwithstanding anything to the contrary in this Agreement, the liability of perhentianresort.com.my shall in no event exceed, in aggregate, Ringgit Malaysia One thousand. |
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The disclaimer and limited liability of perhentianresort.com.my as set out in this Agreement are fundamental elements of the basis of the bargain between you and perhentianresort.com.my, and you agree that perhentianresort.com.my would not otherwise be able to offer the products and services on its present basis without such limitations. This clause shall survive any termination of this Agreement. |
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perhentianresort.com.my shall not be liable for damages of any kind arising out of any failure or delay by perhentianresort.com.my in performing any or all of our obligations contained herein or in respect of any product or service if the failure or delay is due to circumstances or cause beyond our reasonable control. |
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| 9. |
Cancellation of Service |
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perhentianresort.com.my may without any liability to you whatsoever, at any time and at its sole discretion and without cause or notice, terminate your account or restrict your access to this website or refuse to give effect to any booking or reservation requested by you without being required to give any reasons or advance notice to you. |
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You shall indemnify and keep perhentianresort.com.my indemnified against all claims, demands, actions, proceedings made or brought against perhentianresort.com.my arising from your use of this website and/or any breach of any term or condition by you. |
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| 11. |
Links to Third Parties |
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This website may contain hyperlinks to websites operated by parties other than perhentianresort.com.my. The inclusion of hyperlinks to such websites does not imply perhentianresort.com.my's endorsement of such websites nor any association with their operators. perhentianresort.com.my is not responsible for the contents of other websites. |
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perhentianresort.com.my may at any time vary these terms and conditions of use (including without limitation perhentianresort.com.my's conditions of purchase as set out below) with or without notice to you. |
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You acknowledge that your continued use of the website and services provided herein after the variations of these terms and conditions of use shall constitute your acceptance of the same with immediate effect. |
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Please check this website regularly for such variations. |
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Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall:
01. Be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability;
02. Not invalidate the remaining provisions of this Agreement;
03. Not affect the validity of that provision in any other jurisdiction.
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| 14. |
Relationship Between the Parties |
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No joint venture, partnership, employment or agency relationship exists between you and perhentianresort.com.my as a result of this Agreement or your use of this website.
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| 15. |
Additional Terms & Conditions |
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Additional terms and conditions will apply to your booking and purchase of our products and services. You agree to abide by perhentianresort.com.my's conditions of purchase and/or the terms and conditions of any supplier of the travel-related products or services |
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Subject to clause 13, this Agreement (including perhentianresort.com.my's conditions of purchase which are set out below) constitutes 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. |
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This Agreement shall be governed by and construed in accordance with the laws of Malaysia and you submit to the non-exclusive jurisdiction of the courts of Malaysia. |
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