Last updated: [18 May 2023]
T-BROKER MARKETPLACE - Terms of use
THESE TERMS OF USE MUST BE READ BEFORE USING THE WEBSITE. THE USAGE OF ANY PART OF THE WEBSITE INDICATES ACCEPTANCE OF THESE TERMS OF USE.
This Marketplace website and/or platform (“Website”) is operated by HYPE DMC TRAVEL SDN. BHD. Please read these terms of use (“Terms of Use”) carefully before using this Website and accepting the services offered by HYPE DMC TRAVEL SDN. BHD., or its specified affiliated companies (collectively, “we”, “us”, “our” or “HDT”) or the third-party operators (the “Operator”) through this Website (the “Services”). The Services that HDT provides via the Website include making available the Website and the online platform “Marketplace”, as a platform for the marketing, advertising, and sale and purchase of travel and tourism related goods and services between buyer(s) and vendor(s) who are registered users of this Website (individually as “Buyer” and “Vendor”). “You”, “your” and “User” when used in these Terms of Use includes (i) any person who accesses the Website, whether a registered user or otherwise; (ii) a Buyer or a person for whom the Buyer makes a purchase on the Website; and (iii) a Vendor or a person for whom the Vendor makes a sale on the Website.
By accessing and/or using any part of this Website, you acknowledge that you have read and understood, and agree to these Terms of Use and other terms and conditions in relation to this Website. If you do not agree to be bound by these Terms of Use, please immediately discontinue your access to this Website.
We may change these Terms of Use at any time where this is necessary to comply with any law or regulation binding on us or to reflect a change to our operational practices, so please check these Terms of Use from time to time as your continued use of this Website signifies your acceptance of any changed term. If you navigate away from this Website to a third-party site, you may be subject to alternative terms and conditions of use, as may be specified on such site. In such an event, the terms and conditions of use applicable to that site will govern your use of that site.
1. Use of the website
1.1 As a condition of your use of this Website, you warrant that:
- you are at least 18 years of age and are of sound mind;
- you possess the legal authority to create a binding legal obligation;
- you will use this Website in accordance with this Terms of Use;
- for Buyer(s) – you will only use this Website to make legitimate bookings/reservations for you or for another person for whom you are legally authorised to act;
- for Buyer(s) – you will inform such other persons about the Terms of Use that apply to the bookings/reservations you have made on their behalf, including all rules and restrictions applicable thereto;
- all information supplied by you on this Website is true, accurate, current and complete; and
- if you have an online account with this Website, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you.
2. Access and use of the service
2.1 HDT will use commercially reasonable efforts to ensure that the Services will be generally uninterrupted. However, HDT does not guarantee that the Services will always be available or uninterrupted. HDT will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
2.2 We retain the right at our sole discretion to deny access to anyone to this Website and the Services we offer, at any time without notice and for any reason, including, but not limited to, for violation of these Terms of Use.
3. Website and content
3.1 Use of the Content
(a) All materials displayed or performed on this Website including but not limited to text, data, graphics, articles, photographs, images, illustrations, videos, audios and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Website and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.
(b) If HDT agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable, non-sublicensable and limited license to access this Website and make use of the Services in accordance with this Terms and Use. HDT may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
(c) You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
3.2HDT’s Liability for the Website and Content
(a) HDT cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. HDT cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
(b) Under no circumstances will HDT be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
4. Intellectual property rights
4.1 All intellectual property rights subsisting in respect of this Website and the Services belong to HDT or have been licensed to HDT for use on this Website or for purposes of the Service. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. Subject to the limited licence granted under Clause 3.1.2 above, HDT and its affiliates reserve all rights, title and interest in all such intellectual property rights.
5. User submissions
5.1 In the course of accessing this Website or using the Services, you may provide information which may be used by HDT and/or the Operators in connection with the Services and which may be visible to other users of this Website. You understand that by posting information or content on the Website or otherwise providing content, materials or information to HDT and/or the Operators in connection with the Services (“User Submissions”):
(a) You hereby grant to HDT and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website and HDT’s business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels;
(b) You agree and authorize HDT to use your personal data in accordance with the Privacy Policy in effect from time to time;
(c) You hereby grant each user of this Website a non-exclusive license to access your User Submissions through this Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of this Website and under this Terms of Use;
(d) You acknowledge and agree that HDT retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license granted to HDT does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing;
(e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and
(f) That all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that HDT will not be liable for any errors or omissions in any content.
6. Registration and security
6.1 As a condition of using some aspects of the Services, you may be required to register with HDT and select a password and username (“Marketplace User ID”). If you are accessing the Services through a third-party website or service, HDT may require that your Marketplace User ID be the same as your username for such third party website or service.
6.2 You shall provide HDT with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your user account.
6.3 You represent that you shall not: (a) select or use as a Marketplace User ID a name of another person or organisation with the intent to impersonate that person; or (b) use as a Marketplace User ID a name subject to any rights of a person other than you without appropriate authorization.
6.4 HDT reserves the right to refuse registration of or to cancel a user account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
7. Privacy
7.1 We treat personal data with respect and integrity. Any personal data you transmit to us will be collected, used, disclosed and/or processed in accordance with our Privacy Policy. Please review the Privacy Policy to understand our privacy practices in detail.
7.2 Your continued use of the Website and/or the Services signifies your consent for our collection, use, disclosure and/or processing of your personal data as described in the Privacy Policy.
8. User conduct
8.1 HDT reserves the right to refuse registration of or to cancel a user account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
8.2 In accessing this Website, you are not authorised to:
(a) disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;
(b) disrupt or interfere with any other user’s enjoyment of this Website or linked websites;
(c) use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;
(d) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;
(e) reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website;
(f) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;
(g) engage in any kind of illegal, criminal or tortious activity through the use of the Website, including infringement of any third party intellectual property rights (including without limitation copyright, trade marks, patent, trade secrets and confidential information), fraud, child pornography, trafficking in obscene material, violation of applicable export restrictions, drug dealing, gambling, harassment, stalking, spamming, hacking, sending of viruses or other harmful files, or illegal posting of computer passwords or computer code;
(h) attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; or
(i) post or transmit to or via this Website any material that may infringe the intellectual property rights of any third party, or any defamatory, derogatory or offensive material or publication.
8.3 If we issue you with a password that permits you to access certain parts of this Website, we are entitled to assume – unless there are strong grounds for believing otherwise – that any use of the Website through such access is you or authorised by you, whether in fact authorised or not. You should treat your password as confidential and should not disclose your password to any person, allow anyone else to use your password or use your password for any unauthorised purpose.
8.4 You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.
9. Disclaimer
9.1 We are not responsible for interruptions or limitations to the Service which are caused or arise from the Vendor(s), payment system provider(s), and/or the financial institution(s), as the case may be, system capacity limitations, system repairs or modifications, or in response to suspected fraud, abuse, hacking or malicious viruses, or misuse of the internet network. You agree that the Service may be interrupted due to maintenance, updates or system or network failures and we disclaim all liability for damages caused by any such interruption or errors in functioning.
9.2 We are not responsible for any service outages, loss of data, inability to retrieve data, or service limitations or interruptions which are caused or arise from act or omission of the Vendor(s), payment system provider(s) and/or the financial institution(s), as the case may be.
9.3 While care will be taken by us to provide the Services and ensure a high level of security, we disclaim all liability whatsoever for any loss, alteration, destruction or disclosure to any third party whomsoever, of any of your data or other data howsoever caused or arising including without limitation, delays, interceptions, non-deliveries or misuse as a result of any interruption, suspension or termination of our Service(s). Further, we cannot guarantee and do not warrant the accuracy of any data delivered to us by the Vendor(s) who sell their products on the Website. By accessing and using this Website, you expressly understand and agree that we disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material on the Website that we receive from the vendor(s), payment system provider(s), and/or and financial institution(s), as the case may be. We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or document derived from the system and Website.
9.4
We are not liable for any incidental, punitive or consequential damages caused or arise out of any events, and we make no warranty that:-
(i) the Services and the Website will meet your requirements;
(ii) the Services will be uninterrupted, timely, secure or error-free; and
(iii) the results that may be obtained from the Services will be accurate or reliable.
9.5 We disclaim all liability for impossibility of access, poor use conditions caused by inappropriate equipment, disturbances attributable to internet service providers, saturation of the internet network or due to any other reason. We make no warranties or representations for the delivery of messages sent through our system to anyone.
10. Links to third parties
10.1 This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by HDT, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by HDT of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
10.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.
10.3 HDT has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, HDT will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold HDT harmless from any and all liability arising from your use of any Third Party Website.
10.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
10.5 You agree that HDT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that HDT is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release HDT, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
11. Indemnity
11.1 You agree to defend and indemnify us (including our parent company, affiliates, subsidiaries, associate companies, business partners, suppliers and any of 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 or nature including but not limited to reasonable legal and accounting fees, brought by:-
(i) you or on your behalf in excess of the liability described above; or
(ii) by third parties as a result of:
(a) your breach of these Terms of Use;
(b) your violation of any law or the rights of a third party; or
(c) your use or misuse of this Website and the service(s) provided herein; or
(d) any intellectual property right or proprietary right infringement claim made by a third party against HDT in connection with your unauthorised use of such intellectual property rights on this Website.
12. Other rules and policies
12.1 Your continued use of the Website and/or the Services signifies your acknowledgment and agreement to observe and adhere to any other Marketplace rules and policies that HDT may publish on the Website from time to time, including but without limitation to the Payments Policy and the Refunds and Returns Policy.
13. General
13.1 These Terms of Use are governed by and are to be construed in accordance with the laws of Malaysia. By accessing this Website, you hereby consent to the exclusive jurisdiction of the Malaysian courts in Kuala Lumpur, Malaysia in all disputes arising out of or relating to the use of this Website.
13.2 HDT makes no representation that the materials, information, functions and/or services provided on this Website are appropriate or available for use in jurisdictions other than Malaysia.
13.3 The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.