This web site (www.vivatel.com.my) and the related web sites contained herein (collectively, the "Site") make available information on hotels and other stay facilities (each a "Property" or "Premise") owned, managed or franchised by Vivatel Sdn Bhd and/or its subsidiaries and affiliates (collectively, "Vivatel"), and other travel-related or consumer goods and services. This Site, and the services of each of its modules, are offered exclusively by Vivatel and/or its various third party providers and distributors. The offer of such goods and/or services is conditioned on the user's ("User('s)" or "You(r)") acceptance of the terms and conditions and notices set forth herein and on other pages of the Site (collectively the "Terms").
BY ACCESSING USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. IF YOU DO NOT AGREE, PLEASE CEASE USE OF THE SITE AND LEAVE THE SITE IMMEDIATELY.
Use of Site.
The services of this Site are available only to individuals who can form legally binding contracts under applicable law, and thus, are not available to minors. By using this Site, You represent that you are of sufficient legal age to use this Site and to create binding legal obligations for any liability. You may incur as a result of the use of this Site. You also warrant that You are legally authorized to make the travel reservations and/or purchases for either Yourself or for another person for whom You are authorized to act.
You may only use this Site to make legitimate reservations or purchases and shall not use this Site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservations, or any reservation in anticipation of demand.
This Site is to be used by You for Your personal use only. Commercial uses of this Site are strictly prohibited unless prior written consent from Vivatel has been granted. You agree that You will not use this Site for chain letters, junk mail, "spamming", solicitations (commercial or non-commercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list. In addition, You agree not to create a hypertext link from any web site controlled by You or otherwise, to this Site without the express written permission of Vivatel. You agree not to pretend to be any other person or a representative of any entity, whether actual or fictitious, including employee/staff, agent of Vivatel or any third party that provides services related to this Site.
"LiveChat" means our online chat service, message board, or similar service offered in conjunction with this Site. If You participate in a LiveChat, You agree that, in addition to complying with the Terms, You will not: defame, abuse, harass, threaten, or make any discriminatory statements about others; advocate illegal activity; use indecent, obscene or discourteous language or images; or provide content that is not related to the designated topic or theme of the LiveChat. You shall remain solely responsible and liable for Your use of the LiveChat
You agree that You will not use any robot, spider, Penguin, other automatic device or manual process to monitor or copy the Site or any contents or information contained therein, unless You obtain VIvatel's prior express written consent. You agree that You will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to Vivatel and/or to this Site: (i) any viruses, worms, time bombs, Trojan horse, malware and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for Vivatel or cause Vivatel to lose (in whole or in part) the services of our suppliers.
Proprietary Rights Information.
This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of Vivatel and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Vivatel and/or other parties is granted to or conferred upon You. Reproduction or storage of materials obtained from this Site is subject to the Malaysia Copyright Act 1987. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Vivatel trademarks, logos, or other proprietary information (including images and text). You may not use any meta-tags or any other "hidden text" utilizing our name, trademarks or other proprietary information.
The trademarks, logos and service marks and trade dress displayed on this Site (collectively, the "Trademarks") are registered and common law Trademarks of Vivatel, its affiliates and various third parties. Vivatel logo and product and service names are trademarks of Vivatel. Any reproduction or use of any of the contents of this Site without the express written consent of Vivatel is prohibited. Nothing contained on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any of the Trademarks without the written permission of Vivatel Trademarks.
This Site, including each of its modules, is the copyrighted property of Vivatel and/or its various third party providers and distributors. This Site and the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, modified, transmitted or distributed without the written permission of Vivatel, except that You may download, display and print one copy of the materials presented on this Site on a single computer for Your personal, non-commercial use only. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other web site or in any environment of networked computers is strictly prohibited.
If any software and/or pdf format's document that is made available to download from this Site ("Software") is the copyrighted work of Vivatel and/or its various third party licensors. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement terms. Please note that copyright laws and international treaty provisions protect all Software. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted. Without limiting the foregoing, copying or reproduction of the Software for further reproduction or redistribution is expressly prohibited. Any warranty applicable to the Software will be specified in the terms of the License Agreement. You acknowledge that the Software and any accompanying documentation and/or technical information are subject to applicable export control laws and regulations of the Malaysia. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Malaysia export restrictions.
By submitting any ideas, comments, suggestions or other information: to a LiveChat session; or to Vivatel related to improvements to the Site and/or services related to the Site; (collectively, the "Feedback"), You agree that such Feedback shall be deemed, and shall remain, Vivatel's property. None of the Feedback shall be subject to any obligation of confidentiality on Vivatel's part and Vivatel shall not be liable for any use or disclosure of any Feedback. Vivatel shall own all rights related to the Feedback (including without limitation intellectual property rights and moral rights) and shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation to You.
You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to You the right to provide the proprietary rights to Vivatel stated above.
Notice and Procedure for Making Claims of Copyright Infringement
Vivatel respects the intellectual property rights of others. If you think that your work has been copied in a manner that constitutes copyright infringement, please provide our copyright agent with the following information:
Vivatel's copyright agent can be reached as follows:
85, Jalan Loke Yew,
55200 Kuala Lumpur.
Privacy, Use of Personal Information.
Vivatel respects the privacy of Users of this Site. Vivatel provides the Vivatel Online Privacy Statement so You will be informed about use of information Vivatel collects at this Site.
When You reserve accommodation through this Site, information that You have provided us about You is provided to the airline, car rental agency, hotel, travel package vendor or other involved third parties to fulfill Your travel arrangements.
In addition, if You are registered as a member of Vivatel Pre-paid card, Vivatel may maintain information about You in a preferred guest profile. This Site is designed to minimize the need for You to re-enter such information from the preferred guest profile on the variety of reservation forms that appear when You use the Site. Such information in the preferred guest profile may be used by Vivatel to automatically fill in certain forms that appear when You browse this Site for information and reservations, and when You utilize any other sites linked from this Site. When You browse, reserve or purchase travel services through such sites, such information may be provided to the applicable vendors or other involved third parties to fulfill Your travel arrangements.
This Site contains links to other web sites that may collect personally identifiable information about You. When You click on one of these links, You are entering another web site for which this Site has no responsibility. We encourage You to read the privacy policies of all such sites, as their policies may be materially different from Vivatel's Online Privacy Statement.
In addition to the circumstances described above, Vivatel may disclose information if required to do so by law, court order, as requested by other government or law enforcement authority, or in the good faith belief that disclosure is otherwise necessary or advisable including, without limitation, to protect the rights or properties of Vivatel when we have reason to believe that disclosing the information is necessary to identify, contact or bring legal action against someone who may be causing interference with our rights or properties, whether intentionally or otherwise, or when anyone else could be harmed by such activities.
MonitoringYou agree that Vivatel has no obligation to, but may monitor and review information You transmit over the Site. You agree that Vivatel may censor, edit, remove or prohibit the transmission or receipt of any information that Vivatel deems inappropriate or in violation of these Terms, and use any such information as necessary to provide the Site and/or to protect the rights or properties of Vivatel. You agree that Vivatel may also monitor and review stored information without restriction. You hereby acknowledge and consent to such monitoring and reviewing.
PasswordsYou acknowledge that Vivatel will have track record when You use to access the Site. You acknowledge and agree that You are solely responsible for maintaining the confidentiality of Your information and passwords (if any), and accept responsibility for all activities that occur under Your account or password. Vivatel takes no responsibility and assumes no liability for any content posted or submitted by You or any users of Your account.
Linked Web Sites
This Site includes links to other web sites. Vivatel provides such links solely as a convenience to You and for informational purposes only. Vivatel has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates Vivatel's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from such web sites. Neither Vivatel, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If You decide to access other web sites, You do so at Your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site's endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from the Site.
Advertising Disclosure, Accuracy
Product descriptions posted on our product pages are the representations of our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. Vivatel is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. Vivatel reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.
Mis-Communications / Lost Transactions
Vivatel and any other providers of products or services related to this Site are not responsible for communication malfunctions, failures, or difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, Vivatel and any other providers of products or services related to this Site are not responsible for incorrect or inaccurate entry information, whether caused by User(s) or by any of the equipment or programming associated with the Site, or by any technical or human error that may occur in the processing of any information related to the Site. Vivatel and any other providers of products or services related to this Site may cancel or modify reservations where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.
You agree that neither Vivatel nor any other providers of products or services related to this Site are responsible for any damages that may arise as a result of any travel or hotel arrangements or other orders You request or make on this Site which are not processed or accepted for any reason.
Personal Information, Credit Card Information
YOU AGREE THAT NEITHER VIVATEL NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE ARE RESPONSIBLE OR LIABLE IN ANY WAY FOR INJURY, LOSS OR DAMAGE TO YOUR COMPUTER, OR INTERCEPTION OR USE OF CREDIT CARD INFORMATION OR OTHER PERSONALLY IDENTIFIABLE INFORMATION, RELATED TO OR RESULTING FROM USE OF THE SITE OR ANY SITES LINKED OR ASSOCIATED WITH THIS SITE.
VIVATEL MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITE OR ANY WEB SITE LINKED TO THIS SITE. YOU AGREE THAT NEITHER VIVATEL, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER VIVATEL, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.
Travel to certain destinations may involve greater risk than others. Vivatel urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the Malaysia Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov. VIVATEL DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO, OR ACCOMMODATIONS IN, DESTINATIONS WHERE SERVICES ARE OFFERED VIA THIS SITE IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO, OR STAYING IN, SUCH DESTINATIONS.
Use of Third Party Suppliers
In order to offer the services related to this Site, and fulfill reservations or orders users place on this Site, Vivatel may use third party suppliers. You acknowledge and agree that, the carriers, hotels and other suppliers providing travel or other services for Vivatel may be independent contractors, and not agents or employees of Vivatel. Your credit card statements for products or services purchased on this Site may refer to such third-party suppliers or their respective fulfillment vendors, rather than to Vivatel or the Property at which you may have booked a reservation.
You agree to the terms and conditions of purchase imposed by Vivatel, each Property, and other suppliers of other travel services (air, land, or sea), which may include, but are not limited to, restrictions against back to back ticketing, hidden city ticketing and round trip for one-way ticketing. You also agree to pay all amounts, duties, taxes, and related charges arising out of Your use of this Site and of the services provided herein when due, including additional taxes and fees that may not be included in the quoted fare. You agree to comply with all rules regarding the availability of fares, products or services, including penalty fees arising from the failure of the User to comply with said rules. You understand that any violation of any supplier's conditions of purchase may result: in cancellation of Your reservation(s) or purchase(s); in Your being denied access to any flight(s), hotel(s), automobile(s), activities, or service; in Your forfeiting any monies paid for such reservation(s) or purchase(s); and in Vivatel debiting Your account for any costs Vivatel incurs as a result of such violation. You also agree to allow Vivatel and each Property, and other suppliers of other travel services to charge the credit card on file for the payment of penalties arising from the Your failure to comply with such rules. Such payment will be collected without additional notice. You agree that You are completely responsible for all charges, fees, duties, taxes, and assessments arising out of Your use of this Site.
YOU AGREE THAT VIVATEL IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD PARTY SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM THE USE OF SUCH SUPPLIERS. VIVATEL HAS NO LIABILITY AND WILL NOT MAKE REFUNDS FOR ANY DELAY, CANCELLATION, OVERBOOKING OR OTHER CAUSES BEYOND VIVATEL'S DIRECT CONTROL, AND VIVATEL HAS NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES RESULTING THEREFROM.
Property Reservations General Terms.
In addition to the other terms and conditions specified on this Site regarding our Properties, the following general terms and conditions apply to reservations booked on this Site:
Cancellation policies and other information about specific room reservations and properties may vary by Property and by the type of reservation. Individual rate rules, tax information, applicable charges and cancellation policies are displayed in the "Terms & Additional Charges" section on the room reservation section of the Site.
If you plan to travel with your pet, we recommend that You confirm directly with the Property that they do, indeed, accept pets. Vivatel accepts NO RESPONSIBILITY for an individual Property's pet policy.
For non-US Properties, rates confirmed in MYR may be converted to local currency by the Property at Your time of stay, based on the exchange rate used by the Property and are subject to exchange rate fluctuations. Credit card charges are subject to additional currency conversions by banks or credit card companies, which are not within the Property's control and may impact the amount charged to your credit card.
Reservations made by one or more individuals or by an agency on the Site, on behalf of one or more proposed guests, and involving more than nine (9) rooms at the same Property for the same period of stay, must be directly through the Property. If more than nine (9) rooms at the same Property for the same period of stay are booked through any other method, Vivatel reserves the right to cancel or impose additional requirements on such reservations.
Requests for specific features such as bedding type or non-smoking rooms are simply that, and while most Properties will strive to honor Your requests, neither Vivatel nor the Property guarantee that Your request will be honored.
Some rates have special requirements such as Pre-paid card holder, authorized agent or Senior Citizen proof of age at check-in. Verify that You qualify for the rate that You have booked. Properties are not obligated to honor this rate if You do not qualify.
Denial of Access
In its sole discretion, in addition to any other rights or remedies available to Vivatel, and without any liability whatsoever to User, Vivatel, at any time and without notice, may terminate or restrict User's access to this Site and any related services.
The headings used in these Terms are included by convenience only and will not limit or otherwise effect these Terms.
You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.
Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this Site, and You agree to abide by such other terms and conditions.
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
If Vivatel takes any action to enforce this Agreement, Vivatel will be entitled to recover from You, and You agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which Vivatel may be entitled.
Vivatel may at any time modify these Terms, and Your continued use of this Site will be conditioned upon the terms and conditions in force at the time of Your use. Accordingly, You agree to review these Terms periodically, and Your continued access, use and/or posting on this Site shall be deemed Your acceptance of the changed Terms.
EXCLUSION OF WARRANTY, DISCLAIMER
YOU AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE, AND ANY RELATED INFORMATION, CONTENTS AND/OR MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. VIVATEL HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to You. This warranty gives You specific legal rights and You may also have other legal rights that vary from state to state.
NO ORAL ADVICE OR WRITTEN CORRESPONDENCE OR INFORMATION PROVIDED BY VAITEL WILL CREATE A WARRANTY OF ANY KIND, AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL VIVATEL, ITS AGENTS, REPRESENTATIVES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR INJURY OR ANY DAMAGES, EITHER DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS) RESULTING FROM OR IN ANY WAY CONNECTED TO:(1) YOUR USE OF THIS SITE; (B) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING); OR (C) THE PERFORMANCE OR NON PERFORMANCE BY VIVATEL OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE; EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY.
Some jurisdictions do not allow the exclusion of consequential or incidental damages, so some of the foregoing exclusions may not apply to You. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST VIVATEL, ITS AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF, OR IN ANY WAY CONNECTED TO YOUR USE OF THE SITE AND/OR ANY RELATED PRODUCTS OR SERVICES.
IN THE EVENT VIVATEL IS HELD LIABLE FOR ANY DAMAGES RELATED TO THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE LIMITED TO REIMBURSEMENT OF THE CHARGES FOR SERVICES OR PRODUCTS PAID BY YOU THAT WERE NOT PROVIDED TO YOU.
YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to indemnify and hold Vivatel and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Your breach of this agreement or the documents it incorporates by reference, or Your violation of any law or the rights of a third party. Vivatel's failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches.
Any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with, the laws of Malaysia applicable to contracts entered into and to be performed entirely within Malaysia. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation this paragraph. All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, shall be resolved individually, without resort to any form of class action.
These Terms, together with those incorporated herein or referred to constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
Revised: July 9, 2012.