INTRODUCTION & ACCEPTANCE
This User Agreement ("Agreement") is made between Kinabalu Yacht Club ("KYC") which owns and operates the internet sites with the URL: www.kinabaluyachtclub.com ("the Web Site") and you who access and/or visit or cause to access and/or visit the Web Site ("you/your").
Your usage, access, visit or shopping at the Web Site is on express condition that you accept without variation the terms and conditions set out herein. The information contained in these webpages may be amended by us from time to time without notice to you. You need to review these webpages each time you use these Sites.
Your usage, access, visit or shopping at this site constitutes your agreement to all the terms and conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use these Sites.
1. YOUR OBLIGATIONS.
You agree to:
- to bear full financial responsibility for all uses of these Sites by you and those using your login and credit card information, including but not limited to minors living with you and to supervise all usage by such minors of these Sites;
- to use the information available on or from these Sites for non-commercial use and information purposes only. Any unauthorized commercial use of the information or services provided through these Sites is expressly prohibited;
- not to use these Sites in a way which interferes with its availability for other users;
- not to use the account of any other member's, without the express permission of the account holder;
- not to use these Sites to make any speculative, false or fraudulent booking/reservation or any booking/reservation in anticipation of demand.
2. REPRESENTATIONS WARRANTIES.
You fully represent and warrant that you are of sufficient legal age to use these Sites 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 Sites; all information supplied by you in using these Sites are complete, true and accurate; you shall 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.
3. SOFTWARE AND COPYRIGHT
These Sites and all content on these Sites ("the Content") is the property of KYC and/or it’s third party providers, fulfillment providers, airlines, other travel product suppliers or independent supplier(s) ("Suppliers") or the party credited as the provider of such Content. KYC retains all rights (including, but not limited to trademark rights, copyright and patent rights) with respect to all software and underlying information or material available through these Sites.
The Content is intended solely for your personal, non-commercial use. You may not copy, print, reproduce, reengineer, disassemble, upload, download, store, display in public, alter or modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part.
You are not to download or otherwise export or re-export any software or underlying information or material available through these Sites, except to the extent that such downloading occurs in the course of using these Sites in accordance with our written instructions or otherwise as expressly permitted in this Agreement. All rights not expressly granted herein are reserved. This clause shall survive any termination of this Agreement.
Your use of these Sites is at your sole risk. These Sites (including the products and services) is provided on an "as is" basis and you assume total risk and responsibility for your use of these Sites.
To the maximum extent permitted by law, KYC assume no responsibility whatsoever and howsoever and specifically disclaims all warranties, express or implied, in respect of these Sites including, but not limited to, merchantability, fitness for a particular purpose, non-infringement of intellectual property or other proprietary rights or compatibility between these Sites and any software or hardware.
The information contained in these Sites is subject to change without notice.
KYC neither warrants nor makes any representations regarding the accuracy or completeness, quality or adequacy of these Sites or of any of the data or information contained in these Sites or that the use of these Sites will be timely, uninterrupted, secure or error free or that any information, data, content, software or other material accessible through these Sites will be free of bugs, viruses, worms, trojan horses or other harmful components. KYC will not be responsible for any loss resulting from your reliance on any information provided on these Sites.
5. LIMITATION OF LIABILITY
KYC ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL KYC NOR ITS SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,
ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR BOOKING/RESERVATIONS OR TICKETING), OR THE PERFORMANCE OR NON PERFORMANCE BY KYC OR ANY SUPPLIER(S) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
Notwithstanding anything contained in this Agreement, the liability of KYC and/or its Suppliers and their officers, directors, employees and agents shall in no event exceed, in the aggregate, United States Dollars Fifty Only.
Your acceptance of the entire terms and conditions of KYC as set out in this Agreement and in particular, Clauses 4 and 5, are fundamental elements of the basis of the bargain between you and KYC, and you agree that KYC would not otherwise be able to offer the products and services on its present basis without your acceptance of such terms and conditions. This clause shall survive any termination of this Agreement.
7. FORCE MAJEURE
KYC will not be held liable or any damages or loss arising from any events which are beyond the reasonable control of KYC or any of its Suppliers. Such an event shall include Acts of God, earthquakes, typhoons, flood, natural disaster or fire, strikes, dangers incidental to sea, land and air travel, government action, compliance with any laws, regulations or orders, default of any Suppliers, civil war, industrial disputes, power failure, hardware and or system failure, malfunction or breakdown, failure of internet transmission or links, system hacking, software contamination, or corruption, howsoever caused.
8. RESTRICTION/ CANCELLATION OF SERVICE
KYC may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to any component of these Sites or refuse to give effect to any booking or booking/reservation requested by you, terminate your password, account (or any part thereof) or use of these Sites, and remove and discard any Content within these Sites, without being required to give any reasons or advance notice to you.
Further, you agree that KYC shall not be liable to you or any third-party for any termination of your access to these Sites.
You shall indemnify and keep KYC and/or any of its Suppliers and their officers, directors, employees and agents indemnified against all claims, demands, actions, proceedings made or brought against KYC arising from your use of these Sites and/or any breach of any term or condition by you.
10. LINKS TO THIRD PARTIES
These Sites may contain hyperlinks to web sites operated by third parties. The inclusion of hyperlinks to any such web sites does not imply KYC's endorsement of such web sites nor any association with their operators. KYC is not responsible for the contents of other web sites. linking to any hyperlinked web sites is done at your own risk and subject to the specific terms and conditions (if any) of such hyperlinked sites.
These Sites also may contain advertisements by third parties. Unless otherwise specifically stated on these Sites, we do not endorse or make any representation or warranty regarding the liability or quality or accuracy of any products or services featured in, or linked to any advertisements that appears on these Sites.
KYC reserves the right to change the terms, conditions, and policies under which KYC’s products and services are offered. You are responsible for regularly reviewing these terms and conditions including such additional, modified or varied terms posted from time to time.
Your continued use of these Sites shall constitute your acceptance of the terms and conditions, as modified.
Any provision of this Agreement which is invalid, prohibited or unenforceable shall:
be ineffective to the extent of the invalidity, prohibition or unenforceability; not invalidate the remaining provisions of this Agreement; and such provision shall nonetheless be applicable or enforceable to the fullest extend permitted by law.
13. RELATIONSHIP between THE PARTIES
No joint venture, partnership, employment or agency relationship exists between you and KYC as a result of this Agreement of your use and/or access, visit or shopping at these Sites.
14. ADDITIONAL/SPECIFIC TERMS AND CONDITIONS
Additional terms and conditions and policies posted on these Sites may apply to your booking/reservations and purchase of KYC's products and services and use of other components of the Sites and you agree to abide by these terms, conditions and policies and other components of these Sites.
You may not assign, convey, sub-contract, delegate or substitute howsoever your rights, duties or obligations hereunder the Agreement.
KYC may at any time modify these terms and conditions without notice to you and your usage of these Sites shall be conditioned upon the terms and conditions in force at the time of your use.
17. ENTIRE AGREEMENT
This Agreement (including Parts 1 to 5) constitute 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 and may not be amended or modified except by us herein.
18. GOVERNING LAW
This Agreement and its performance shall be governed by and construed in accordance with the laws of the state of Sabah, Malaysia.