USE OF ALL CAPSLOCK SDN. BHD. WEBSITES IS ON CONDITION THAT YOU ACCEPT WITHOUT VARIATION THE TERMS AND CONDITIONS SET OUT HERE WHICH MAY BE VARIED BY US ("Capslock Sdn. Bhd.") FROM TIME TO TIME WITHOUT NOTICE TO YOU. IF YOU DO NOT AGREE TO ANY PART OF THE FOLLOWING TERMS OR CONDITIONS, YOU MUST NOT USE THESE WEBSITES.
2. REPRESENTATIONS & WARRANTIES.
You represent and warrant that:
a. You are of sufficient legal age to use these websites in accordance with all terms and conditions herein and to create binding legal obligations for any liability you may incur as a result of the use of these websites;
b. All information supplied by you as a result of using these websites is true and accurate;
c. You will not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, 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;
d. You will not use these websites to make any speculative, false or fraudulent reservations or any reservation in anticipation of demand without full non-refundable payment.
3. DISCLAIMER
Your use of these websites is at your sole risk. These websites (including products and services) is provided on as "as is" basis and information is subject to change without notice, and you assume total risk and responsibility for your use of these websites.
To the maximum extent permitted by law, Capslock Sdn. Bhd. specifically disclaims all warranties, express or implied, in respect of these websites purpose, non-infringement of intellectual property or other proprietary rights or compatibility between these websites and any software or hardware.
While every effort has been taken to assure accuracy in the free information and data presented on these websites at the time of publishing, Capslock Sdn. Bhd. neither warrants nor makes any representations regarding the accuracy or completeness of these websites or of any of the data or information contained in these websites or that the use of these websites will be uninterrupted or error free or that any information, data, content, software or other material accessible through these websites will be free of bugs, viruses, worms, Trojan horses or other harmful components.
4. LIMITATION OF LIABILITY
Capslock Sdn. Bhd shall not be liable for any direct, indirect, special, incidental or consequential damages arising out of or in any way connected with the use of or inability to use these websites, or the information, products and services obtained through these websites, the submission of any personal information, including, but not limited to, bank and credit card details, the performance or non-performance by Capslock Sdn. Bhd. or any unauthorized access or breach of security into these websites through the internet or otherwise arising, whether based on contract, strict liability, tort (including negligence), product liability or otherwise even if Capslock Sdn. Bhd. has been advised of the possibility of such damages.
Not withstanding anything to the contrary in this Agreement, the liability of Capslock Sdn. Bhd. shall in no event exceed, in the aggregate, Ringgit Malaysia One Hundred and you agree that if you engage legal action you will fully reimburse all attorney and legal fees incurred by Capslock Sdn. Bhd in such action.
5. ACKNOWLEDGMENTS
The disclaimer and limited liability of Capslock Sdn. Bhd. as set in this Agreement are fundamental elements of the basis of this agreement between you and Capslock Sdn. Bhd., and you agree that Capslock Sdn. Bhd. would not otherwise be able to offer the information, products and services on its present basis without such limitations. This clause shall survive any termination of any part of this Agreement.
6. CANCELLATION OF SERVICE
Capslock Sdn. Bhd may at any time and at its sole discretion and without cause or notice, terminate or restrict your access to these websites or refuse to provide services requested without being required to give any reasons or advance notice to you.
7. INDEMNITY
You shall indemnify and keep Capslock Sdn. Bhd indemnified against all claims, demands, actions, proceedings made or brought against Capslock Sdn. Bhd arising from your use of these websites and/or any breach of any term or condition by you.
8. LINKS TO THIRD PARTIES
These websites may contain hyperlinks to websites operated by parties other than Capslock Sdn. Bhd.. The inclusion of hyperlinks to such websites does not imply Capslock Sdn. Bhd’s endorsement of such websites nor any association with their operators. Capslock Sdn. Bhd is not responsible for the contents of other websites.
9.VARIATIONS
Capslock Sdn. Bhd. may at any time vary these terms of use (including without limitation Capslock Sdn. Bhd’s conditions of purchase as set out below).
10. SEVERABILITY
Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall:
a. Be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability;
b. Not invalidate the remaining provisions of this Agreement; and
c. Not effect the validity of that provision in any other jurisdiction.
11. RELATIONSHIP BETWEEN THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and Capslock Sdn. Bhd as a result of this Agreement or your use of these websites.
12. ADDITIONAL TERMS AND CONDITIONS
Additional terms and conditions will apply to your booking and purchase of products and services. You agree to abide by Capslock Sdn. Bhd's conditions of purchase and/or the terms and conditions of any supplier of the travel-related products or services.
13. ENTIRE AGREEMENT
This Agreement, including Capslock Sdn. Bhd’s condition of purchase which are set out below, is 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.
14. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Malaysia and you submit to the exclusive jurisdiction of the courts of Malaysia.
Please note that the booking and purchase of products and services are subject to the following terms and conditions
AND other terms imposed by our suppliers from time to time ("Supplier Term").
By effecting a booking through these websites, you agree to be bound by Capslock Sdn. Bhd conditions of purchase and the supplier terms.
1. RATES
The rates quoted in respect of the products or services are subject to change without notice.
2. VOUCHERS
It is your responsibility to ensure that the details on your travel voucher are in order. You are liable for any additional charges arising from correction of any inaccuracies in the voucher.
3. PAYMENT
a. Depending on the service requested, payment must be made 50% deposit or in full upon confirmation or your reservation will be cancelled automatically, please inquire for your particular service.
4. BOOKING/RESERVATION REQUESTS
In processing your booking/reservation request, we check availability with the individual travel provider for the time period in question. Capslock Sdn. Bhd. will notify you by email or telephone of availability. Upon your wire transfer, telegraphic transfer, or direct deposit into the current account of Capslock Sdn. Bhd. of the total due for the requested services, please confirm your transfer of funds by faxing your transfer receipt to us. Capslock Sdn. Bhd. will then contact the supplier and request a confirmed booking on your behalf. Submission of your booking/request and funds shall be deemed to be IRREVOCABLE AUTHORIZATION by you for Capslock Sdn. Bhd to book the Travel Product(s) immediately on your behalf. If by the time your booking payment is received, your requested tour package is no longer available, Capslock Sdn. Bhd. will contact you with alternative dates available. If you are agreeable with an alternative date, your booking will proceed. If no alternative is acceptable to you, your booking fee will be refunded in full, less telegraphic transfer or other fees as applicable.
5. CURRENCY
You may make payment in any one of the currencies supported on these websites, currently Ringgit Malaysia. The applicable exchange rates of the supported currencies shall be determined at the sole discretion of Capslock Sdn. Bhd. from time to time. The exchange rates determined shall be final and is not negotiable.
6. LIABILITY
Capslock Sdn. Bhd merely acts as a platform for products and services of the suppliers and shall not be responsible nor liable for :
a. Overbooking, misinformation or mishandling of any reservation or booking by the suppliers; or
b. Any other dissatisfaction or complaint of the consumer in relation to the quality of the products or services provided by supplier or otherwise howsoever;
c. Any damage or loss to your personal property or personal injury howsoever sustained or caused.
In the event of mishandling, misinformation or overbooking by a supplier, or any other dissatisfaction or complaint aforesaid, the member should take up the matter directly with the supplier who is under an obligation to deal with such matters in accordance with their own individual policies. Capslock Sdn. Bhd. will send you a copy of applicable supplier terms upon request.
7. TRAVEL REQUIREMENTS
It is your responsibility to obtain a visa (where required).
Please ensure you have a valid passport for the duration of your trip, plus 6 months. If you require any further information on passport or visa requirements please refer contact the nearest applicable embassy.
8. NON-AVAILABILITY
All products and services offered on these websites are subject to availability and acceptance, at the discretion of the supplier of such product or service.
In the event a product or service is not available for booking by the time your booking funds transfer is complete, Capslock Sdn. Bhd shall use its reasonable endeavors to suggest an alternative product or service of similar pricing and quality.
Where the product or service is either not available or our suggested alternative (where applicable) is not acceptable to you, but the booking fee is fully paid, we shall make a refund in accordance with our refund policy as noted under section 4 bookings/reservations above.
If you fail to accept our suggested alternative product or service by the specified deadline, we reserve our right to cancel our tentative booking of the same and automatically refund according to the refund policy in section 4 above.
9. REFUND POLICY
There will be no refund upon confirmation of booking of requested product or service, as confirmation entails the travel provider no longer offer the requested services to other members of the public for the time period requested. Capslock Sdn. Bhd. recommends you purchase Travel Insurance to reimburse you in the unlikely event you must cancel or change your travel plans or circumstance beyond the control of the individual operator cause cancellation.
Capslock Sdn. Bhd
Kuala Lumpur, Malaysia
