TERMS AND CONDITIONS |
|
|
1. Introduction |
|
|
| a) |
In these terms and conditions (the Terms and Conditions), “we”, “our” or “us” means Mystic Borneo. |
|
|
| b) |
Please read the Terms and Conditions carefully as they apply to your use of the internet site www.mysticborneo.com or any other Tourism Sabah owned and operated internet site, including but not limited to ultimaretourism.com (the Site(s)). By using the Site(s) you agree to be bound by the Terms and Conditions including those revisions referred to in (c). |
|
|
| c) |
We may revise the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
|
|
|
| d) |
Your use of some parts or features of the Site(s) may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions: |
|
|
| |
i) |
will apply to your use of such parts or features of the Site(s) in addition to these terms and conditions; and |
|
|
| |
ii) |
will prevail over the Terms and Conditions to the extent of any inconsistency. |
|
|
| |
|
|
|
|
2. Intellectual Property Rights |
|
|
| a) |
You acknowledge that the Content on the Site(s) is subject to copyright, trade mark and possibly other intellectual property rights. In these Terms and Conditions, “Content” means anything that you may see, read, hear, upload, download or access on or via the Site(s) (including but not limited to messages, files, data, software, images, artwork, graphics, design, photographs, illustrations, text, music, songs, videos, tags and other materials or subject-matter on the Site(s)). |
|
|
| b) |
Unless you are expressly authorised by us, or otherwise by law, you must not do any of the following yourself, or permit or authorise any other person to:
|
|
|
| |
i) |
sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the Content (or any readily identifiable portion of the Content) in any way without our prior written consent; or |
|
|
| |
ii) |
otherwise infringe the intellectual property rights of any person in using the Site(s) or any Content. |
|
|
| c) |
Nothing you do on or in relation to the Site(s) will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated. |
|
|
| d) |
You agree that Mystic Borneo owns the copyright and trade marks in the marketing logo “Borneo”, the domain name(s) MYSTICBORNEO.COM, www.ultimatetourism.com the advertising tag line(s) appearing in Mystic Borneo advertisements. You agree not to use any of the Mystic Borneo Trade Marks without our prior written consent. All other trade marks appearing on our Site(s) are the property of their respective owners. |
|
|
| |
|
|
|
|
3. Content of the Site(s) |
|
|
| a) |
We attempt to keep the Content of the Site(s) up to date. However, we do not warrant the accuracy or currency of the Content.
|
|
|
| b) |
You acknowledge that the Content on the Site(s) is subject to change at any time. |
|
|
| c) |
All prices quoted on the Site(s) are in Malaysian Ringgit unless otherwise indicated. |
|
|
| d) |
Prices quoted on the Site(s) should be used as a guide only as they may change from time to time.
|
|
|
| e) |
Some of the Content on the Site(s), including articles, sponsorships and promotions, constitute paid advertising (Sponsored Content). This means that Mystic Borneo may have received a payment or other benefit in return for publishing or disseminating the Sponsored Content on the Site(s). Mystic Borneo does not verify, endorse or otherwise approve Sponsored Content.
|
|
|
| f) |
The views which are expressed by members of the public who have uploaded Content to the Site(s) are not our views and we accept no liability in respect of any Content posted on the Site(s) by third parties, nor are we responsible for its content or accuracy. Any reliance you place on Content posted on the Site(s) is at your own risk. |
|
|
| g) |
If you consider any Content that has been posted to the Site(s) is offensive, unsuitable or has in some other way breached these Terms and Conditions, please email us at info@ultimatetourism.com with a link to the relevant Content and your reasons for objecting to it. We will consider your objection and determine whether the Content should be removed at our sole discretion. |
|
|
| |
|
|
|
|
4. Your Use of the Site(s) |
|
|
| a) |
You must not: |
|
|
| |
i) |
use the Site(s) without the authority and supervision of a parent or guardian, if you have not reached the age of majority under any Applicable Law; |
|
|
| |
ii) |
disrupt or interfere with the Site(s) or servers or other software, hardware or equipment connected to or via the Site(s);
|
|
|
| |
iii) |
reproduce any Content from our Site(s) without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion; |
|
|
| |
iv) |
violate any applicable law relating to your use of the Site(s); or |
|
|
| |
v) |
use or disseminate personal data or private information about other users of the Site(s). |
|
|
| b) |
In these Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing: |
|
|
| |
i) |
any law, rule or regulation of any country (or political sub-division of a country); |
|
|
| |
ii) |
any obligation under any licence in any country (or political sub-division of a country); and
|
|
|
| |
iii) |
any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country). |
|
|
| |
|
|
|
|
5. Links, Downloads, Plug-ins, Features and Advertisements |
|
|
| a) |
We have not reviewed all of the websites, downloads, plug-ins, features or advertisements linked to the Site(s) and are not responsible for the content or accuracy of any such off-Site materials, including any websites linked to the Site(s) through advertisements or search engines (collectively, Third Party Material). The linking of our Site(s) to any Third Party Material does not imply that we endorse the linked material, and you use the links at your own risk. We do not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or of the descriptions or information supplied there. |
|
|
| b) |
You agree that you will not misuse any downloadable Content included on the Site(s), including but not limited to, reproducing, adapting, communicating the Content to the public, including the Content on another website or making misleading or false representations about the Content, unless expressly authorised by Mystic Borneo. |
|
|
| c) |
Your correspondence or dealings with, or participation in promotions or business of, advertisers on the Site(s) are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site(s). |
|
|
| |
|
|
|
|
7. Monitoring of Content |
|
|
| a) |
You acknowledge that Mystic Borneo may or may not pre-screen Content, and that there is no obligation on Mystic Borneo to pre-screen Content, and that Mystic Borneo shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content provided by you. |
|
|
| b) |
Without limiting paragraph (a), you agree that Mystic Borneo may edit, remove or not publish any Content if it considers that: |
|
|
| |
i) |
the Content is unlawful in any way, including because it is defamatory or breaches laws about unlawful discrimination, racial vilification, privacy or contempt; |
|
|
| |
ii) |
the Content is false or misleading; |
|
|
| |
iii) |
publication of the Content will infringe intellectual property rights (including copyright) or a person’s moral rights; |
|
|
| |
iv) |
the Content is abusive, offensive or obscene; or |
|
|
| |
v) |
the Content is otherwise in breach of these Terms and Conditions. |
|
|
| c) |
Although we may from time to time monitor or review Content, discussions, chats, postings or other contributions to the Site(s), we are under no obligation to do so and we assume no responsibility or liability arising from the contents of any such communications nor for any error, defamation, libel, obscenity, profanity or inaccuracy contained in any such communication. |
|
|
| |
