Last updated: [03 Feb 2025]

T-BROKER MARKETPLACE - Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. YOUR ACCESS TO AND USE OF ANY PART OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS AND USE OF THIS WEBSITE.

This Marketplace website and platform (“Website”) is operated by Mal Central Travel Sdn Bhd. (“MCT”). These Terms of Use govern the use of this Website and the services provided by MCT, its affiliated companies, and third-party operators (“Operators”) through the Website (“Services”). The Services include providing an online platform (“Marketplace”) that facilitates the marketing, advertising, sale, and purchase of travel and tourism-related goods and services between registered users of this Website, referred to as “Buyers” and “Vendors.”

In these Terms of Use, references to “you“, “your“, and “User” include:

Any person who accesses or uses this Website, whether as a registered user or otherwise;
A Buyer or any person on whose behalf a Buyer makes a purchase;
A Vendor or any person on whose behalf a Vendor makes a sale.
By accessing or using any part of this Website, you confirm that you have read, understood, and agreed to these Terms of Use, along with any additional terms and policies referenced herein. If you do not agree to these Terms, you must refrain from using this Website.

Changes to Terms of Use
MCT reserves the right to update or modify these Terms of Use from time to time to comply with legal or regulatory requirements or to reflect changes in operational practices. You will be notified of material changes through a notice on the Website or via email. Continued use of the Website after such notification constitutes acceptance of the revised Terms.

Third-Party Websites
If you navigate from this Website to a third-party website, separate terms and conditions may apply. MCT is not responsible for the content, policies, or practices of third-party websites, and your use of such websites is at your own risk.

Governing Law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

Use of the Website

  1. Legal Capacity: You are at least 18 years of age, of sound mind, and capable of entering into legally binding agreements.
  2. Legal Authority: You have the legal authority to create and accept binding obligations on your own behalf or on behalf of another person where legally permitted.
  3. Compliance: You will use this Website in full compliance with these Terms of Use and all applicable laws and regulations.
  4. Accuracy of Information: All information you provide on this Website is true, accurate, current, and complete, and you will promptly update any changes if necessary.
For Buyers:
  • You will only make legitimate bookings and reservations for yourself or for another person whom you are legally authorized to act on behalf of.
  • You will inform any such persons of these Terms of Use, including all applicable booking rules and restrictions.
Account Responsibility:
  • If you register for an online account, you are responsible for maintaining the security and confidentiality of your login credentials.
  • You accept full responsibility for all activities conducted under your account, whether by you or any other person using your credentials.
  • You agree to notify us immediately of any unauthorized use of your account or any other security breach.

Access and Use of the Services

  1. Service Availability:
    • We will use commercially reasonable efforts to ensure that the Services are generally available and uninterrupted. However, we do not guarantee that the Services will always be available, uninterrupted, secure, or error-free.
    • We are not liable for any downtime, service interruptions, or unavailability caused by maintenance, system failures, force majeure events, or other factors beyond our reasonable control.
    • You are responsible for ensuring your internet connectivity, device compatibility, and necessary arrangements to access the Services.
  2. User Responsibilities:
    • You must ensure that anyone who accesses the Services through your internet connection complies with these Terms of Use and all applicable policies.
    • You agree not to misuse the Services in any manner that disrupts, damages, or interferes with the Website, platform, or other users.
  3. Right to Restrict or Terminate Access:
    • We reserve the right, at our sole discretion, to suspend, terminate, or restrict access to this Website and the Services at any time, without prior notice, for reasons including but not limited to:
      • Violation of these Terms of Use;
      • Fraudulent or unauthorized activity;
      • Misuse or abuse of the Services;
      • Security concerns or suspected cyber threats;
      • Any activity that we deem harmful to us, our partners, or other users.
  4. Remedies for Service Disruptions:
    • If a paid Service is disrupted due to technical issues or service unavailability for an extended period (e.g., more than 24 hours), you may be entitled to one of the following remedies, at our sole discretion:
      • Service Credit: Extension of the affected service period.
      • Alternative Access: Provision of alternative access to similar services where feasible.
    • To claim a remedy, you must submit a request with supporting details within 7 days of the service disruption. We reserve the right to review and approve claims at our discretion.
    • We are not responsible for service disruptions caused by third-party providers, internet failures, or force majeure events.

Website and Content

Use of the Content
All materials displayed or available on this Website, including but not limited to text, data, graphics, articles, photographs, images, illustrations, videos, audio, and other materials (“Content”), are protected by copyright, trademarks, and other intellectual property laws. The Website and its Content are intended solely for your personal and non-commercial use and may only be used in accordance with these Terms of Use. If we grant you access to this Website and/or its Content, such access is under a non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Website and Services only as permitted under these Terms of Use. We reserve the right to modify, remove, or alter any part of the Content or Website functionality at any time without prior notice. You must comply with all copyright notices, trademark rules, and intellectual property restrictions associated with this Website and its Content. You shall not:
  • Copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit any Content for any commercial purpose without express written consent from the rights owner.
  • Use the Content in any way that infringes third-party rights, violates applicable laws, or breaches these Terms of Use.
  • Use automated tools, bots, or scraping technologies to extract data from this Website.
If you believe that any Content on this Website infringes your intellectual property rights, you may submit a copyright infringement notice by providing the following information:
  • A detailed description of the copyrighted work that you claim has been infringed.
  • A direct URL or specific location of the allegedly infringing content.
  • Your contact details, including name, address, email, and phone number.
  • A statement that you have a good faith belief that the use of the content is unauthorized.
  • A declaration that the information provided is accurate and that you are the copyright owner or authorized to act on their behalf.
Notices must be sent to [email protected]. We will review and process all copyright infringement claims in accordance with applicable laws.
MCT’s Liability for the Website and Content
We do not guarantee the identity, authenticity, or accuracy of any content, materials, or information provided by other users, third-party operators, or vendors. We are not responsible for monitoring, verifying, or endorsing third-party content. Any reliance on such content is at your own risk, and you assume full responsibility for any loss or damages arising from interactions with other users or third-party operators. Under no circumstances shall we be liable for:
  • Errors, omissions, or inaccuracies in any Content;
  • Loss or damage arising from the use of or exposure to any Content, including content that is posted, emailed, accessed, or transmitted through this Website;
  • Any indirect, incidental, special, consequential, or punitive damages, including loss of profits, business interruption, or reputational harm resulting from the use of this Website or Content.
This Website may contain third-party content, links, or references, which are provided for informational purposes only. We do not control or endorse third-party content, and we are not responsible for any damages or losses resulting from third-party reliance. If you believe that third-party content hosted on this Website is false, misleading, offensive, or infringing, please contact [email protected] with relevant details.
Indemnity Clause
You agree to indemnify, defend, and hold harmless MCT, its affiliates, officers, directors, employees, agents, licensors, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:
  • Your use of the Website or Services in violation of these Terms of Use;
  • Any infringement of intellectual property rights or misuse of Content by you or any person using your account;
  • Any third-party claims arising from your actions, interactions, or content submissions on the Website.
This indemnity obligation will survive the termination of your use of the Website.

Intellectual Property Rights

All intellectual property rights related to this Website and the Services, including but not limited to copyrights, trademarks, logos, trade secrets, patents, database rights, and proprietary content, belong to MCT or have been licensed to MCT for use on this Website and for the purposes of providing the Services. This Website, the Services, and all Content are protected under copyright and other intellectual property laws, including collective works and/or compilations, as defined by applicable national copyright laws, international conventions, and intellectual property regulations. Except as expressly permitted under these Terms of Use, no part of this Website, Services, or Content may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission from MCT or the relevant rights holder. MCT and its affiliates reserve all rights, title, and interest in and to all intellectual property rights associated with this Website and Services, including any updates, modifications, enhancements, or derivative works. No rights or licenses are granted to users except as expressly stated in these Terms of Use. Any unauthorized use of this Website, Services, or Content may violate copyright laws, trademark laws, privacy and publicity laws, and communication regulations and may result in legal consequences.

User Submissions

When accessing this Website or using the Services, you may provide information, content, or materials that may be used by MCT and/or third-party Operators in connection with the Services and may be visible to other users of this Website. By posting or submitting any information, content, or materials (“User Submissions”), you agree to the following:

License to MCT and Operators

You grant MCT and the Operators a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable right to use, modify, reproduce, distribute, publicly display, prepare derivative works of, and otherwise fully exploit such User Submissions in connection with providing the Services, operating this Website, and MCT’s business. This includes, but is not limited to, promoting and redistributing part or all of the Services in any media format or through any media channels.

Use of Personal Data

You agree and authorize MCT to use your personal data in accordance with the Privacy Policy in effect at the time of submission.

User License for Submissions

By posting User Submissions, you grant each user of this Website a non-exclusive license to access, use, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted through the functionality of the Website and in compliance with these Terms of Use.

Modification and Adaptation Rights

You acknowledge and agree that MCT has the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. However, the license granted to MCT does not affect your ownership rights over the original content, nor does it prevent you from granting additional non-exclusive licenses to other parties unless otherwise agreed in writing.

Prohibited Content

You agree that you shall not upload, post, transmit, distribute, or otherwise make available any content that:

  • Violates any laws or regulations, including but not limited to intellectual property, privacy, and data protection laws.
  • Infringes any third-party rights, including copyrights, trademarks, trade secrets, patents, moral rights, or any proprietary rights.
  • Contains defamatory, false, misleading, libelous, offensive, obscene, abusive, hateful, inflammatory, harassing, or threatening material.
  • Promotes discrimination, bigotry, racism, hatred, violence, or harm against any individual or group.
  • Contains viruses, malware, or any other harmful components designed to disrupt, damage, or interfere with the operation of this Website or any user’s access.
  • Is false, misleading, or intended to defraud users or misrepresent affiliation with any person or entity.
  • Encourages or facilitates illegal activities, including but not limited to hacking, phishing, identity theft, or unauthorized access to data.
  • Includes personal, confidential, or sensitive information of any third party without explicit consent.
Legal Compliance and Third-Party Rights

You represent and warrant that any content in your User Submissions, including but not limited to text, graphics, and photographs, does not violate any applicable laws, regulations, or third-party rights, including intellectual property, privacy, or contractual rights.

Liability Disclaimer

You acknowledge and agree that all User Submissions posted publicly or transmitted privately through this Website are your sole responsibility. MCT assumes no liability for any errors, omissions, or consequences resulting from any User Submission. You are responsible for ensuring that your submissions comply with all applicable laws and that they do not infringe on the rights of any third party.

Right to Remove or Restrict Content

MCT reserves the right, at its sole discretion, to remove, restrict, or disable access to any User Submission that violates these Terms of Use, infringes any intellectual property rights, or is otherwise deemed inappropriate or unlawful. MCT also reserves the right to report violations to relevant authorities if necessary.

Privacy

MCT treats personal data with the utmost respect and integrity. Any personal data you provide to MCT will be collected, used, disclosed, and processed in accordance with the Privacy Policy. We encourage you to review the Privacy Policy to fully understand our data protection practices. By continuing to use this Website and the Services, you expressly consent to the collection, use, disclosure, and processing of your personal data as outlined in the Privacy Policy.

User Conduct

MCT reserves the right to refuse registration, suspend, or cancel a user account at its sole discretion. You are responsible for maintaining the confidentiality of your password, and any activities conducted under your account shall be deemed your responsibility unless there is clear evidence of unauthorized use.

When accessing this Website, you must not:

  • Disrupt or interfere with the Website, its services, system resources, accounts, servers, or networks connected to or accessible through this Website or any linked websites.
  • Disrupt or interfere with any other user’s access or enjoyment of this Website or linked websites.
  • Use any robot, spider, scraping tool, or other automated process to monitor, copy, or extract any web pages or Content without prior written permission from MCT.
  • Take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure.
  • Reverse engineer, decompile, or attempt to discover the source code of any software or algorithm associated with this Website.
  • Use the Website to violate the security of any computer network, crack passwords, transfer or store illegal materials, or engage in any unlawful activities.
  • Engage in illegal, fraudulent, or tortious activity, including but not limited to:
    • Intellectual property infringement, including unauthorized use of copyrighted material.
    • Fraud, child exploitation, or trafficking in obscene material.
    • Illegal gambling, harassment, spamming, hacking, or virus transmission.
    • Posting unauthorized computer code.
  • Attempt to gain unauthorized access to restricted sections of the Website.
  • Post, transmit, or distribute any material that infringes the intellectual property rights of others or contains defamatory, offensive, obscene, or derogatory content.

If MCT issues you a password to access certain parts of this Website, we are entitled to assume that any use under that password is authorized by you, unless there is strong evidence to the contrary. You must keep your password confidential and must not disclose it, share it, or use it for any unauthorized purpose.

You must comply with all applicable local, state, national, and international laws and regulations regarding your use of this Website. MCT reserves the right to report any suspected criminal activity to relevant law enforcement agencies.

Disclaimer

MCT is not responsible for any interruptions, limitations, or disruptions to the Services that arise from factors beyond its control, including but not limited to vendor(s), payment system provider(s), financial institution(s), system capacity limitations, repairs, modifications, fraud prevention measures, abuse, hacking, malicious viruses, or misuse of the internet network. You acknowledge that the Services may be interrupted due to maintenance, updates, system failures, or network issues, and MCT disclaims all liability for any damages or losses resulting from such interruptions.

MCT is not responsible for any service outages, loss of data, inability to retrieve data, or service limitations caused by or arising from the acts or omissions of vendor(s), payment system provider(s), and/or financial institution(s).

While MCT takes reasonable precautions to provide secure and reliable Services, it does not guarantee the security, accuracy, or integrity of any data stored, transmitted, or processed through the Website. MCT disclaims all liability for any loss, alteration, destruction, or unauthorized disclosure of data, including but not limited to delays, interceptions, non-deliveries, or misuse resulting from service interruptions, suspensions, or terminations.

MCT does not guarantee and does not warrant the accuracy of any data or content provided by vendor(s), payment system provider(s), or financial institution(s) on the Website. By using this Website, you expressly acknowledge and agree that MCT disclaims any and all responsibility for the accuracy, completeness, legality, reliability, or operability of information or materials received from third parties. MCT also disclaims liability for deletion, failure to store, misdelivery, or untimely delivery of any information or document processed through the system or Website.

MCT is not liable for any incidental, punitive, or consequential damages arising out of or related to any events. MCT makes no warranties that:

  • The Services or Website will meet your requirements.
  • The Services will be uninterrupted, timely, secure, or error-free.
  • The results obtained from the Services will be accurate or reliable.

MCT disclaims all liability for issues related to access failures, poor service conditions caused by inappropriate equipment, internet service provider disruptions, network congestion, or any other external factors. Additionally, MCT makes no warranties or representations regarding the successful delivery of messages, notifications, or communications sent through its system.

Force Majeure

MCT shall not be held liable or responsible for any failure or delay in the performance of its obligations under these Terms of Use if such failure or delay is caused by events beyond its reasonable control, including but not limited to:

  • Acts of God, natural disasters (e.g., earthquakes, floods, fires, storms).
  • Public health emergencies, pandemics, or epidemics.
  • Cyberattacks, malware, data breaches, or major internet failures.
  • Government actions, sanctions, embargoes, or regulatory restrictions.
  • Power outages, telecommunications disruptions, or technical failures.
  • Labor strikes, lockouts, industrial disputes, or civil disturbances.
  • Acts of war, terrorism, riots, or insurrections.

In the event of a force majeure situation, MCT shall be excused from its performance obligations for the duration of the event and shall take reasonable steps to mitigate the impact of such events on the Services.

Links to Third Parties

This Website may contain links to third-party websites or services (“Third-Party Websites”) that are not owned or controlled by MCT. Additionally, the Services may be accessible through login authentication from a Third-Party Website. The inclusion of links to Third-Party Websites does not constitute an endorsement, sponsorship, or recommendation by MCT, nor does it imply any affiliation with or responsibility for the content, products, advertisements, or services provided by those Third-Party Websites.

By accessing any Third-Party Website, you acknowledge and agree that you do so at your own risk. You further represent and warrant that you have read and agreed to abide by all applicable policies and terms of any Third-Party Websites you use in connection with the Services. Your use of such Third-Party Websites is subject to their respective terms and conditions, and you agree to comply with those policies in addition to your obligations under these Terms of Use.

MCT does not control, monitor, verify, censor, or edit the content, accuracy, privacy policies, or practices of any Third-Party Website. MCT assumes no responsibility for the availability, accuracy, or legality of any content, advertisements, products, services, or information contained within Third-Party Websites. By using the Services, you expressly release and hold MCT harmless from any and all liability arising from your use of Third-Party Websites.

Your interactions with third parties, including vendors, operators, payment providers, or other individuals through the Services, are solely between you and such third parties. MCT is not a party to any transactions, agreements, warranties, or representations associated with such dealings, including but not limited to the purchase or delivery of goods and services, the accuracy of information provided by third parties, and the security and privacy policies of Third-Party Websites.

MCT shall not be responsible or liable for any loss, damage, or disputes arising from your dealings with third parties. If a dispute arises between users or between a user and any third party, MCT has no obligation to intervene or mediate. By using this Website, you expressly waive and release MCT, its parent companies, subsidiaries, officers, directors, employees, agents, and successors from any claims, demands, or damages (whether actual or consequential, known or unknown, disclosed or undisclosed) arising from such disputes.

Indemnity

You agree to defend, indemnify, and hold harmless MCT, including its parent company, affiliates, subsidiaries, associate companies, business partners, suppliers, and their respective 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, including but not limited to reasonable legal and accounting fees, brought by:

1. You or on your behalf, in excess of the liability limitations stated in these Terms of Use.

2. Any third party, as a result of:

  • Your breach of these Terms of Use.
  • Your violation of any applicable law or infringement of a third party’s rights.
  • Your use or misuse of this Website and the services provided.
  • Any intellectual property infringement claim made against MCT due to your unauthorized use of protected content on this Website.

This indemnity obligation shall survive the termination of your access to this Website and the Services.

Other Rules and Policies

By continuing to use this Website and the Services, you acknowledge and agree to observe and adhere to all applicable Marketplace rules and policies that MCT may publish from time to time. This includes, but is not limited to, the Payments Policy and the Refunds and Returns Policy.

MCT reserves the right to update, modify, or introduce new policies at its sole discretion. Your continued use of the Website and Services constitutes acceptance of any such changes. It is your responsibility to regularly review the Website for policy updates and ensure compliance with the latest terms and conditions.

General

These Terms of Use are governed by and shall be construed in accordance with the laws of Malaysia. By accessing this Website, you expressly consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia for all disputes arising out of or related to the use of this Website.

MCT makes no representations or warranties that the materials, information, functions, or services provided on this Website are appropriate or available for use in jurisdictions outside of Malaysia. Users accessing this Website from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent applicable.

These Terms of Use have been drafted and shall be interpreted exclusively in the English language. Any translation of these Terms of Use is for reference purposes only. In the event of any inconsistency between the English version and a translated version, the English version shall prevail.

Failure or delay by MCT in enforcing any provision of these Terms of Use shall not be construed as a waiver of MCT’s rights to enforce that provision at any time in the future. Any waiver must be expressly stated in writing by an authorized representative of MCT.