General Terms & Conditions

1. OVERVIEW
1.1. Please read the Terms and Conditions and our Privacy Policy (“these Terms”) carefully before you use our Platform. These Terms and Conditions governs your use and access to the Platform and/or Services and shall constitute a valid and binding legal contract between you and us.
1.2. By using this Platform and/or our Services, or by registering an Account on our Platform, you agree to these Terms.
1.3. By accepting these Terms and Conditions, no party shall rely on any representation, undertaking or promise given by any other party prior to the acceptance these Terms and Condition, unless otherwise expressly stated in these Terms and Conditions.
1.4. We may revise, update, amend or modify these Terms and Conditions at any time by posting the updated Terms and Conditions on our Platform. Kindly check these Terms and Conditions from time to time to ensure you are aware of any amendments or updates. By continuing to use the Platform after the changes come into effect, you agree to be bound by the revised Terms and Conditions.
1.5. Such Terms and Conditions terms should be read in conjunction with our Privacy Policy. By using this Website, you agree to comply with these Terms and Conditions. If you are not agreeable to or do not understand these Terms and Conditions, please do not proceed to access and/or use this Platform and/or the Services.
2. DEFINITIONS & INTERPRETATIONS
2.1. In these Terms and Conditions, unless the context otherwise requires, the following words and phrases shall have the respective meanings assigned to them as follows: -
“Account” means the account registered on Resorts World Tours Sdn Bhd by any User;
“Agency Product” means the good or service which is offered, promoted, displayed, listed or advertised for sale or supply on the Platform by Resorts World Tours Sdn Bhd, who shall only act as an agent on behalf of the Supplier who is the principal, whereby the Contract, or any other agreement in relation thereto, shall be concluded by the Buyer with agent, Resorts World Tours Sdn Bhd, in accordance with the covenants which the Buyer and Resorts World Tours Sdn Bhd have agreed in writing whereas the delivery of good or service shall be the sole responsibility of and shall be performed by the Supplier;
“Buyer” means a User who purchases any Agency Product on the Platform;
“Contract” means:-
a) the sale and purchase agreement between a vendor and purchaser of a good for valuable consideration; or
b) the supply of service agreement between a vendor and purchaser acquiring service from the vendor for valuable consideration; or
c) combination of (a) and (b);
“Resorts World Tours Sdn Bhd”, “we”, “us” or “our” means Resorts World Tours Sdn Bhd (Company Registration No 199201017704 (249208-X)) and any of its holding companies, related or subsidiary companies as defined under the Malaysian Companies Act 2016, and its respective directors, officers, servants, employees, consultants, agents and affiliates;
“Force Majeure” means an act, omission or circumstance relied on by any party as a force majeure event which Resorts World Tours Sdn Bhd and/or its Suppliers) could not reasonably have exercised control, including but not limited to acts of God, acts or omissions of any authorities, riots, acts of war, strike or lockout, acts of terrorism, epidemics, pandemics, lockdowns, uncontrolled spread of contagious disease, governmental orders or regulations imposed, earthquakes or other natural disasters;
“Intellectual Property” includes patents, trademarks, service marks, design rights, trade names, goodwill and reputations as protected by law in any relevant jurisdiction, including but not limited to, copyrights, proprietary information, industrial designs and topography rights, geographical indications, whether or not any of them are registered, and including applications for registration of any of them, and rights under licences and consents in relation to any of them and all forms of protection of a similar nature or having equivalent or similar effect in any jurisdiction.
“Minor” means any User who have yet to attain the age of majority of eighteen (18) years as prescribed in the Malaysian Age of Majority Act 1971, or the legal age of majority in any other jurisdiction;
“Platform” means Resorts World Tours Sdn Bhd’s website and/or any mobile applications and/or mobile interface applications which provide a platform for the User to access, view, browse or purchase Agency Products listed, advertised, promoted, offered or displayed in the Platform;
“Privacy Policy” shall have the meaning in https://rwt-prd.alphareds.com/privacy;
“Relevant Data” shall have the meaning stipulated in the Privacy Notice;
“Services” shall have the meaning in paragraph these Terms 2.2;
“SST” means the sales tax payable under the Malaysian Sales Tax Act 2018 and/or service tax payable under the Malaysian Services Tax Act 2018
“Supplier” means a body corporate, partnership, sole proprietorship and/or any other legally recognised entities with whom Resorts World Tours Sdn Bhd is in commercial collaboration, whether agreed in writing or otherwise, to sell or supply Agency Product to the User where Resorts World Tours Sdn Bhd act as the agent for and on behalf of the Supplier, to offer, promote, display, list or advertise the Agency Product on the Platform.
“Terms and Conditions” means these Terms and Conditions and all other terms, conditions and/or policies in relation to the use of Platform and/or Services;
“User” means a Buyer, and/or any person who uses the Services on the Platform, including any person who accesses, views, or browses the Platform, whether or not such person has registered an Account with Resorts World Tours Sdn Bhd; and
“you” or “your” means a User of the Platform.
2.2. Any reference these Terms and Conditions to any provision of a statute or code in these Terms and Conditions shall be construed as reference to that provision as amended, re-enacted or extended at the relevant time.
2.3. The headings in these Terms and Conditions shall not in any way affect the interpretation of the Terms and Conditions.
2.4. Except to the extent that the context requires otherwise, reference to the singular shall include references to the plural, and vice versa.
3. ABOUT US
3.1. We are Resorts World Tours Sdn Bhd (Company Registration No 199201017704 (249208-X)), a company duly registered under the laws of Malaysia with License KPL/LN 2465 with registered address is at 24TH FLOOR WISMA GENTING , JALAN SULTAN ISMAIL KUALA LUMPUR 50250 WILAYAH PERSEKUTUAN , MALAYSIA. We are a marketplace that acts as a platform that allows Buyer to purchase Agency Products provided by third party Suppliers. The actual contract for sale of Products is directly between the seller and the buyer. We are not involved in the transaction between a Buyer and Supplier save that we facilitate a marketplace for Buyers and Sellers and process payments on behalf of Supplier. The actual contract for sale of Supplier Services is directly between the Supplier and the Buyer. The Buyers do not pay for our Services and only for Agency Products. We charge a commission to the Supplier for our Services.
3.2. The services we facilitates or make available (“Services”) includes: -
(a) the Platform which enables you to browse, view, select, reserve and/or purchase Agency Products; and
(b) connecting the Buyers and Supplier, collecting payment on behalf the Supplier, designing the listings, coordinating the Buyer’s orders, acting as an agent between the Buyer and Supplier for the purpose of communication, mediating disputes, assistance in selecting suitable Sellers and other facilitative services.
in the capacity of an agent between the Buyer and the Supplier, whereby the said Supplier shall be fully responsible of delivering the Agency Product(s) to the Buyer.
4. TERMS & CONDITIONS OF USE
4.1. You are granted a limited and revocable license to access and use the Platform and/or Services provided by us subject to the provisions of these Terms and Conditions.
4.2. All Intellectual Property as displayed, shown and published in the Platform shall be our property and, where applicable, third-party proprietors as identified in the Platform. For the avoidance of doubt, no right or license is in any way or any manner granted directly or indirectly to any party accessing or using the Platform and/or Services, for the use or reproduction of any Intellectual Property and no party shall claim any right, title or interest other than the proprietor. Any third-party scripts or code, whether linked to or referred by the Services as abovementioned, are not generated or provided by us but by such third-party(ies) who owns such scripts or code.
4.3. By using and accessing the Services and/or Platform, you further warrant and undertake not to: -
(a) violate any applicable laws and regulations, including but not limited to any laws and regulations in relation to the export and import restrictions and third party rights;
(b) display, show, upload, post, transmit or otherwise make available any content which incites violence, or is harmful, unlawful, threatening, abusive, distressing, controversial, seditious, harassing, tortious, defamatory, obscene, libellous, vulgar, invasive, hateful, discriminative, or racially, ethically, morally or religiously objectionable that may constitute a criminal offence, result in civil liability or otherwise may breach any applicable laws, regulations or code of practice;
(c) impersonate any person and/or entity, or in any way misrepresent your affiliation with any such person and/or entity;
(d) without the express approval of Resorts World Tours Sdn Bhd cause, permit or authorize the modification, creation of derivative works or translate the Services;
(e) utilize the Services in any manner for the benefit of any third party without the prior permission of the license owners herein granted;
(f) utilize the Services or upload any content which is fraudulent, false, unconscionable, misleading or otherwise deceptive to others;
(g) open and/or operate multiple user accounts in Resorts World Tours Sdn Bhd which may violate or contravene these Terms and Conditions;
(h) access the Platform and/or Services, or otherwise access your user account registered in Resorts World Tours Sdn Bhd here in using an emulator, simulator, bot or any other hardware or software of the likes;
(i) manipulate the price of any item or interfere with other User's listings on Resorts World Tours Sdn Bhd ;
(j) do anything or act in such manner which may potentially undermine the Resorts World Tours Sdn Bhd’s feedback or rating systems;
(k) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures which have been implemented by Resorts World Tours Sdn Bhd in relation to the Services and/or data transmitted, processed or stored by Resorts World Tours Sdn Bhd;
(l) collect or process any Relevant Data of any other Users or Account holders without the explicit consent of such User or Account holder;
(m) upload, publish, send, post, transmit or otherwise make available any content in the Platform which may infringe any patent, trademark, trade secret, copyright or other proprietary rights or intellectual property rights of any party;
(n) upload, publish, send, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk messages or mail, “spam”, chain messages, illegal schemes or any other unauthorized or unlawful form of solicitations;
(o) upload, publish, send, post, transmit or otherwise make available any material which may contain any software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment, whether directly or indirectly, intentionally or unintentionally;
(p) interfere, hinder or disrupt the normal flow of dialogue, which may adversely cause or affect other Users' ability to engage in any real time exchanges in the Platform;
(q) interfere with, manipulate or disrupt the Services, servers or networks connected to the Services and/or Platform or any other User's use and enjoyment of the Services and/or Platform;
(r) engage in any conduct which could damage, disable, overburden, or impair the Services and/or the Platform or the servers or networks connected to the Services, whether directly or indirectly; or
(s) use the Services for the purpose of violating the privacy of others, or to stalk or harass others.
4.4. You acknowledge and agree that we may, in our sole and absolute discretion and at any time, cease or discontinue the provision of Services on the Platform or any other website, whether in part or as a whole, without providing any notice or assigning any reason to you.
4.5. In the event that you or any User(s) violate any provision of these Terms and Conditions, we may (but are not obliged to), subject to our sole and absolute discretion: -
(a) terminate or suspend of your Account;
(b) impose limitation on any Account privileges;
(c) suspend and subsequently terminate of your Account;
(d) complaint to relevant authorities which may result in criminal prosecutions; and/or
(e) initiate civil actions, including but not limited to any claims for damages and/or interim or injunctive relief.
If you believe or suspect a User on the Platform is violating these Terms and Conditions, please make a report to us.
5. CONTENT
5.1. The contents of the Platform, whether partial or otherwise, such as text, graphics, images, logos, button icons, software and other Resorts World Tours Sdn Bhd’s content (collectively, "RWT’s Content"), are protected by copyright under Malaysian laws. All RWT’s Content is our property or belong to its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Website are our exclusive property and are protected by Malaysian laws.
5.2. By using the Platform, you grant us and our parent company’s successors’ and affiliates’ business worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable and transferable license to use, reproduce, process, adapt, modify, publish, distribute, prepare derivative works of, display, and/or perform the content in connection with the Services.
5.3. You affirm, represent and warrant that you are the owner of the content, or you have the necessary license, right, permission, approval or consent to publish any content in the Platform. By publishing any content on the Platform, you agree that you own the Intellectual Property rights to such content. However, if the content so published contains any Intellectual Property which is not owned by you, you shall, for our verification purposes, always be deemed to have obtained the approval of the owner of the Intellectual Property prior to the publication, uploading, sharing or distribution of the said content to the Platform, whether or not you have actually obtained the same.
5.4. We do not endorse any content uploaded to the Platform or any opinion, recommendation, or advice expressed by any User or any other licensor, and we expressly disclaim any and all liability in connection with any such content.
5.5. You shall be solely and entirely responsible and liable for any content you publish on the Platform and you shall hold Resorts World Tours Sdn Bhd harmless and indemnify Resorts World Tours Sdn Bhd to the fullest extent permitted by the applicable laws from any disputes, claims, request, proceedings, demand, prosecution howsoever arising from any claims of defamation, invasion of privacy or any other laws resulting from any such content.
5.6. All content found on the Platform are published or provided on an “as is” and “as available” basis and such content shall include any material and information provided by any third-party(ies). We reserve the right to change, rearrange, add, delete or otherwise modify any content published or presented on the Platform without providing any prior notice to any User.
5.7. By using and accessing the Services and/or Platform, you warrant and undertake: -
(a) to comply with all applicable laws and regulations of Intellectual Property rights including but not limited to copyright, trademark and service mark laws which protect the Services, the Platform and any content therein;
(b) to not copy, distribute, republish, transmit, publicly display, publicly perform, modify, rent, sell, adapt, reverse engineer or create any derivative works in relation to any portion of the Services, the Platform and any content therein;
(c) unless otherwise permitted in writing by us, to not frame or mirror any contents in the Platform, whether in whole or any part thereof, on any other server or as part of any other website; and
(d) to not use any robot, spider or any other automatic devices or manual process for the purpose of monitoring or copying any content of the Platform without our prior written consent.
5.8. Any content or information in connection with the supply of Agency Product, including photographs, delivery information, specifications, consumption of operating materials, operating costs or any information disclosed through the listing or chat system are not binding and for information purposes only, and you acknowledge that you do not rely on and waive any claims, request, proceedings, demand, prosecution whatsoever based on any such representations or information so provided in relation to such Agency Product.
5.9. We have no control over and we do not guarantee the existence, quality, safety or legality of the items offered or advertised on our Platform, the accuracy, completeness or truth of any content, photographs, or listings posted by Suppliers. In the event that you receive Agency Product(s) that is fundamentally different from description on the Platform, paragraphs 5.8 and 5.9 shall apply.
5.10. For the avoidance of doubt, any typographical, clerical or any other error or omission in any quotation, invoice or any other document or information issued by us in this Platform shall be subject to correction without any liability on our part.
5.11. In the event that you wish to address any infringement claims made against the content published by you, you shall submit to us the following: -
(a) the grounds of your objection;
(b) any proof which shows that you are authorized to act on behalf of the Intellectual Property rights owners; and/or
(c) any legitimate proof in relation to your ownership of Intellectual Property rights in question;
we reserve the absolute right and discretion to request for any further information or documents in relation to such matter. However, in any event you are strongly advised to resolve any Intellectual Property rights disputes against any other User(s) with the User(s) directly as we are not legally obliged to resolve or mediate any such disputes.
6. ACCOUNT
6.1. Your registration for an Account on the Platform is required to access certain features and functions of the Platform and/or Services. You are entitled to create an Account using your email and password subject to our requirements. You are required to furnish us with your Relevant Data which includes but is not limited to your name, national registration identity card number or passport number, telephone number, date of birth, email address, nationality and any other information (collectively referred to as “Registration Information”) as we may deem necessary. You shall be responsible for keeping the information updated, whether or not upon our request for identification and verification purposes.
6.2. You hereby agree to keep Resorts World Tours Sdn Bhd harmless and fully indemnified for any and all losses, damages or liability incurred or suffered by you arising from any inaccurate, false and/or forged Registration Information herein provided to us in relation to the creation of Account.
6.3. In the event that you have used the email of any third party for the purpose of registration of Account, we reserve the right to suspend or terminate your Account at our sole and absolute discretion without any prior notice or reasons given to you.
6.4. By creating an Account and using the Platform and/or Services, you grant us a non-exclusive license to use the materials or information which you have submitted to the Platform and/or provided to us, including but not limited to any questions, reviews, comments, and suggestions (“Submission”). You further grant us the right to use your name or email which you have submitted during Submission. Therefore, you shall not use any false e-mail address or pretend to be someone other than yourself which may mislead us or third-party as to the original maker of the Submissions, failing which we shall be entitled to take any action including but not limited to delete or edit such Submission.
6.5. You acknowledge and agree that you reserve the right to request for the termination of your Account and/or the discontinuance of the use or access to the Platform and/or Services pertaining to any problems, issue or dissatisfaction.
7. SECURITY
7.1. You agree to the following in relation to the use of your Account: -
(a) keep your password confidential and shall only use your registered email and password to log in to the Platform;
(b) ensure that you have logged out from your Account at the end of each session on the Platform;
(c) promptly notify us of any unauthorized use of your Account, email and/or password that you have registered; and
(d) ensure that all the information in your Account is accurate, not misleading and up-to-date.
7.2. In any event, you are fully responsible for all activities in connection to your Account, even if such activities were not committed or authorized by you. You agree that we are not in any way liable for any loss or damage arising from any unauthorized use of your Account, registered email and/or password or your failure to comply with this paragraph and these Terms and Conditions. If you know or suspect that someone else knows your password, you should notify us immediately.
7.3. By using this Platform, you are solely responsible for any and all occurrences, which includes maintaining up-to-date, correct, accurate and complete information and uploading materials which do not breach or infringe the intellectual property rights of any third party.
7.4. If we have reason to believe that there is likely to be a breach of security or misuse of our Platform, we may require you to change your password or we may suspend your account. For the purpose of ensuring the security of Platform and/or Services, you agree that we are entitled to, without notice or any reason, immediately terminate your Account, and to remove and discard any Submission in connection to your Account from the Platform and/or Services. You further agree that we are entitled to temporarily withhold any sale or refunds, and/or to take any other actions which we may deem appropriate or necessary.
7.5. We are entitled to invoke paragraph 7.5 in the following events, including but not limited to: -
(a) extended periods of idleness or inactivity;
(b) any violation of these Terms and Conditions;
(c) illegal, fraudulent, harassing, defamatory, threatening or abusive behavior;
(d) having multiple Accounts;
(e) buying Agency Products on the Platform for the purpose of commercial re-sale, unless such commercial re-sale is expressly agreed between you and Resorts World Tours Sdn Bhd in the Contract or other related agreement;
(f) abnormal or excessive purchase of the same Agency Products from the Platform;
(g) misuse of voucher (if any), including but not limited to, selling of vouchers to third party and abnormal or excessive use of vouchers on the Platform; or
(h) any of your behaviour which is deemed harmful to other Users, third party or any of our business interest.
7.6. We may refer to law enforcement authorities any use of an Account for illegal, fraudulent, harassing, stalking, defamatory, threatening or abusive purposes without any notice to you. In the event that any legal dispute arises, or if law enforcement action is being commenced in relation to your Account or your use or access of the Platform and/or Services for any reason, we are entitled to terminate your Account forthwith without providing any further notice to you.
7.7. In the event that any User is desirous to terminate its Account, the User may do so in writing via email at guestservice@rwt.com. In any event and notwithstanding any such termination, Users shall remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of Agency Products ordered, payment for the Agency Products or the likes whereby Users shall inform us after the User has duly completed all such incomplete transactions in accordance with these Terms and Conditions. You agree that we are not responsible for any penalty, claim, fines or damages incurred due to our actions taken in accordance with these Terms and Conditions and waive any and all claims pursuant to any such actions.
8. PAYMENT
8.1. We provide various payment methods on the Platform. A contract is formed when you place an order on the Platform and we accept the order of Agency Product. You acknowledge that we are entitled to require you to pay in any one (1) of the designated payment methods as stipulated in paragraph 8.2 below.
8.2. The payment methods may include any designated payment instruments allowed by the laws of Malaysia from time to time, including but not limited to the following:
(a) Credit Card
We accept credit card payments processed through third-party channels and such channels may vary depending on the type of credit card you use;
(b) Debit Card
We accept debit card payments subject to bank availability. Such payment shall be processed through third-party channels and may vary depending on the type of debit card you use; or
(c) Online Banking
You are entitled to make certain payments on the Platform by way of online banking transfer where you may be brought to the relevant website of the bank for the completion of payment transaction.
8.3. You are entitled to choose or change the preferred mode of payment as provided on the Platform for your purchase prior to the making of payment.
8.4. Any payment you make shall, unless otherwise indicated, be made in the currency of Ringgit Malaysia and shall be inclusive of any SST, import duty and excise, fees, or other costs as may be determined by us from time to time.
8.5. You agree we are not responsible for any failure, disruption or error in connection with your chosen mode of payment. We reserve the right at any time to modify or discontinue, temporarily or permanently, any mode of payment without notice to you or without any reason.
8.6. We are not responsible or liable for any loss or damages caused to you arising from the payment information provided by you or in respect of any discrepancy on the remittance of payment in connection with the purchase of Agency Product.
8.7. Your payment, if accepted upon checkout at the Platform, will be made to Resorts World Tours Sdn Bhd. Upon acceptance of the said payment, you authorize us to:
(i) verify your payment method and
(ii) upon verification, charge your payment method during the checkout process.
8.8. In the event that your purchase or Account shows any sign of fraud, abuse or being associated with government sanctioned person or entity or any other suspicious activity, we are entitled to request additional information from you and, if necessary, cancel the relevant transaction. We reserve the right to take any necessary legal actions, including holding you liable for any monetary losses arising from such suspicious or fraudulent activity.
9. TERMS AND CONDITIONS OF AGENCY PRODUCTS
9.1. You acknowledge that the Agency Products displayed, shown, promoted, listed and/or offered for sale on the Platform are sold on an agency basis whereby we are the agent of the Supplier.
9.2. You acknowledge that in addition to these Terms and Conditions, you are subjected to any terms and condition, policies or guidelines as may be imposed by such Supplier with whom you elect to deal with through the purchase of Agency Products on the Platform.
9.3. You acknowledge that the information we disclose about Agency Products are based on the information provided to us by the Supplier whom is responsible for any update of all Agency Products’ rates, availability, description, pictures, booking conditions, policies and other information which may be displayed on our Platform. We do not guarantee that any content or information provided on our Platform by the Supplier will be accurate, complete, up to date or always available.
9.4. You acknowledge and agree that we may require you to sign liability waiver prior to making any purchase of Agency Products or participating in any service and/or activity which they may offer in or through the Platform. You further acknowledge that any violation of these Terms and Conditions in relation to Agency Products may result in the following circumstances: -
(a) cancellation of your purchase or reservation;
(b) denied of access or use to the Agency Products;
(c) forfeiture of any purchase price paid for such purchase or reservation; and/or
(d) our debiting of your account for any costs that Resorts World Tours Sdn Bhd incur as a result of such violation.
9.5. The Supplier shall bear the sole responsibility and liability for ensuring the accuracy of the details of the Agency Products purchased by the Buyer. Each purchase of Agency Product is irrevocable and unconditional upon transmission through the Platform. We are entitled but not obliged to process any payment of Agency Products without further consent from the Buyer.
9.6. Upon making a purchase on the Platform, you will receive proof of the confirmation via an email confirmation accompanied with the details of the Agency Product purchase, which means that the purchase of the Agency Product has been confirmed. We are entitled to further require you to furnish us with any additional information for verification purposes including but not limited to address and contact numbers prior to issuing the said email confirmation.
9.7. The rate of the Agency Product displayed on the Platform may be exclusive of tax and service charges. Prior to making any payment pursuant to Agency Products, you will be shown the total price inclusive of tax and service charges (if any) (“Agency Products Purchase Price”) and such Agency Products Purchase Price will be charged to your preferred payment method upon your confirmation of the purchase of Agency Products. In addition, your transaction may incur a conversion or transaction fee (which may be in a foreign currency) charged by your card issuer or financial institution to process the transaction. We are not in any way associated with such additional fees and are not responsible nor liable for any fees incurred in relation to exchange rates and card issuer or financial institution fees.
9.8. You acknowledge that you may be charged directly by the Supplier for any additional fees pursuant to the Agency Products. Such incurrence of additional fees is beyond our control and we are not liable or responsible for any additional fees charged by the Supplier.
9.9. By making reservation or purchase of Agency Products on our Platform, you accept and agree to the relevant conditions, including the refund, exchange, cancellation and no-show policies imposed by the Suppliers and these Terms and Conditions, unless otherwise stipulated in the listing of the Agency Products.
9.10. Notwithstanding anything stipulated herein, your purchase of the Agency Products may be refused or cancelled by us in certain circumstances including the following: -
(a) actual or suspected reselling of Agency Products without our prior written approval of Resorts World Tours Sdn Bhd;
(b) breach of these Terms and Conditions by you;
(c) Force Majeure events;
(d) fraud, theft or any suspected criminal activity, bookings or submissions made by you;
(e) misleading or erroneous information submitted by you pursuant to any booking, purchase or reservations made on the Platform;
(f) obvious error on the Platform in term of any prices, terms and/or conditions which a reasonable person will not consider such obvious error to be ordinary;
(g) payment transaction problem;
(h) your inappropriate behaviour, threats, insults, violence, refusal to supply information during your use of the Services and/or Platform; and/or
(i) any other practical obstacles such as communication problems or blacklisting by any governments or international organizations.
10. RATINGS
10.1. Ratings shown on the Platform provided by other Users or other third-party are only for the purpose of providing information to the Users. We do not verify or endorse the rating given on the Platform with respect to any Agency Products and are therefore not responsible for the accuracy of the existing ratings.
10.2. The Users accept, agree and understand that any descriptions, testimonials, endorsements or reviews provided by the Supplier or audience that are represented through the Platform or the Supplier (as the case may be) have not been significantly evaluated by us and we disclaim any liability arising from or in connection with the Agency Products. The Users are solely responsible for ensuring compliance with all applicable laws within their specific jurisdiction.
11. YOUR REPRESENTATIONS
11.1. By using our Platform, you represent and warrant that: -
(a) you possess the legal capacity (in the case of a Minor, you have obtained valid parent or legal guardian’s consent), right and ability to enter into and be bound by these Terms and Conditions and to comply with all provisions hereof; and
(b) you have complied with these Terms and Conditions and have not violated any applicable laws or regulations through your use and access of the Platform and/or Services;
in any event, you agree to indemnify and hold Resorts World Tours Sdn Bhd, our affiliates and/or any of our authorized representatives harmless and fully indemnified from any claim, demand (including legal fees and costs), fines, penalties or any other liability incurred in connection with or as a result of your breach of these Terms and Conditions.
12. LIMITATION OF LIABILITIES
12.1. You agree that any content published, posted or displayed on this Platform is provided without any guarantee, conditions or warranties as to its accuracy. We make no warranty or guarantee that the Platform and/or Services will meet your requirement or that the Platform and/or Services will be secure, timely, uninterrupted or error free, or that any content found therein, software or any other material accessible on or through the Platform and/or Services shall be true, accurate or are free of viruses or any other harmful components.
12.2. You agree that you are fully responsible for implementing sufficient procedures and checkpoints to fulfil your requirements for the accuracy of any input and output of data, and for maintaining a means external to the Platform for the purpose of reconstruction of any lost data. All use of the Platform and/or Services shall be at your own risk and that you are solely responsible for all damages resulting therefrom.
12.3. Unless expressly stated to the contrary and to the fullest extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by the applicable laws and equities and shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for the loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute products and services, arising out of or related to the use, inability to use or performance of the Services, or failures of this Platform and any materials and content posted thereon, irrespective of whether such damages were foreseeable or arise in laws and/or equities. Any such statements on the Platform are opinions and not guarantees of the performance of the Agency Products. We do not offer any representations, warranties, or guarantees verbally or in writing in regard to the Supplier’s reviews, businesses of any kind nor are we responsible for any compliance for the Agency Products offered to the Buyer.
12.4. We are not privy to and does not have control over Agency Products. We do not guarantee or have the obligation to screen or verify and monitor the legality, quality, reliability, accuracy and completeness of truth of any endorsements, content or communication by the Suppliers to the Buyers on the Platform.
12.5. We will not be liable to any person in relation to the offer, sale or purchase or performance of any Agency Products. We are not responsible for the enforcement of any contractual obligations between any Buyer or Supplier. The Suppliers are directly liable to the Buyer for the provision of the Agency Products. It is the Supplier’s responsibility to ensure the sale is legal (including but not limited to ensuring no infringement of any third party terms) and accurately describe the Agency Products. We are not liable in contract, warranty, tort (including, without limitation, negligence (whether active, passive or imputed), product liability, strict liability or other theory), or other cause of action at law, in equity, by statute or otherwise, for the following circumstances: -
(a) any direct or indirect loss of use, loss of profits, loss of revenues, loss of data, loss of goodwill and/or failure to realise any anticipated savings; and/or
(b) any direct, indirect, incidental, special or consequential damages, therein arising out of or in connection with the use or inability to use this Platform and/or Services, including but not limited to any damages resulting therefrom, notwithstanding if Resorts World Tours Sdn Bhd has or has not been advised of any such possibility of damages.
12.6. Notwithstanding that Services include assisting the Buyer in selecting a suitable Supplier(s) and/or Agency Products, the ultimate choice of selecting Supplier and/or Agency Products lies with the Buyer and the Buyer shall be solely responsible for his own selection.
12.7. To the maximum extent permitted by the applicable laws, our maximum liability arising out of or in connection with the Platform or your use of the Platform and/or Services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise) will not exceed RM500.00.
12.8. Nothing in these Terms and Conditions will limit or exclude our liability for: -
(a) death or personal injury caused by our gross negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any matter in respect of which it would be unlawful for us to exclude or restrict liability.
12.9. By using the Platform, Users accept that they are solely responsible for any and all occurrences, which includes the use of the Agency Products, any subsequent consequences of such use, such as the infringement of any laws or terms of a third party, and the management of your business and sale process. If at any time, we reasonably determine that the conduct of the User or the Agency Products might adversely affect us in connection therewith, we shall be entitled to terminate or suspend the Agency Products or remove such User’s account and we will not be held liable for any damages of any kind arising out of the termination or suspension.
12.10. In the event that you have a dispute with one or more Users, you release us, our affiliates and our respective officers, directors, employees and representatives from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
13. INDEMNITY
13.1. You agree to indemnify us, our directors, officers, servants, employees, consultants, agents and affiliates from and against any and all losses, damages or liability you have incurred or suffered arising from: -
(a) your use of this Platform and/or Services;
(b) your breach of these Terms and Conditions;
(c) any of your wilful, unlawful or negligent act or omission; and/or
(d) any damage, loss or injury including death to any person or property arising out of any of your act or omission (whether negligent or otherwise).
13.2. We shall provide notice to you promptly of any such claim, suit, or proceeding. You also agree to fully cooperate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these Terms and Conditions.
14. THIRD-PARTY SERVICE PROVIDER
14.1. The Platform may contain links to third party websites which we do not own or control. We have no control over, and are not responsible for the content, privacy policies, or terms and conditions of any such third-party websites. You agree that you access the third-party website at your own risk.
14.2. In the event that you use your Account to gain access to any other products, websites, third-party websites or services to which we have enabled access or with which we have tied up or collaborated, we are not responsible for any third-party content, functionality, security, services, privacy policies, or other practices of those products, websites, third-party websites or services howsoever arising and any dispute arising therefrom shall by settled between you and the third party without our involvement. You shall hold us harmless and indemnify us to the fullest extent permitted by the applicable laws from any disputes, claims, request, proceedings, demand, prosecution howsoever arising from any dispute between you and the third party.
14.3. The inclusion of such third-party links in the Platform shall not in any way imply or express affiliation, endorsement or sponsorship by us of any the third-party website and/or any of its content therein, unless otherwise stipulated in the Platform.
14.4. By agreeing to use the Platform, you expressly indemnify us from any and all liability arising from your use of any third-party website.
14.5. The Platform acts, among other things, as a venue for (i) Supplier to list Agency Products (ii) Buyer to purchase, search for and evaluate Agency Products while enabling us to communicate the needs and requirements between the Users, and is not allowed to directly contact the Supplier. We will coordinate with the relevant Supplier on behalf of the Buyers.
14.6. By using the Platform, both the Buyer and Supplier duly authorises us to perform our Services as an intermediary and recognises that we are only acting as an intermediary for the Users. In such event, the terms and conditions in respect of the Agency Products provided by the Supplier directly to the Buyer remains between both parties and does not rest with us.
15. TERMINATION OF SERVICES
15.1. The terms of this Agreement will begin upon our acceptance of the orders placed by the Buyer or the listing of the Agency Products (as the case may be), and will end when terminated by either the Supplier or Buyer (as the case may be). If we determine, in our sole discretion, that you are abusing the system, we can (without limiting any other rights or remedies available to it) withdraw your participation and withhold any payable amount to you (as the Supplier) or forfeit any monies paid by you (as the Buyer) for incomplete orders.
15.2. All payment, fees and charges are non-refundable for whatever reason including but not limited to change of mind, invalid link and cancelling before the commencement of the Services.
15.3. In the event of disputes, we will suspend all delivery of services (including the Agency Products and Services, where applicable). All warranty, replacement and refund request will also be voided. In addition, we will submit all your order information (IP, email, screenshot, etc) to payment gateway & relevant parties to facilitate the dispute process. The termination of this Agreement is not an admissible acceptance of liability in this dispute.
15.4. We may also terminate your access to the Platform, Services or Agency Products (as the case may be) in our sole discretion, immediately and without prior notice, and delete or deactivate your account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms and Conditions.
16. FORCE MAJEURE
16.1. We are not liable to any User for any delay, cancellation, hindrance or breach in the performance of the Terms and Conditions or Services due to reasons attributable to Force Majeure. In the event that the Force Majeure lasts for more than thirty (30) days from the date the force majeure event first arises, we are entitled to terminate any Order by written notice to you without any liability other than a refund for any Agency Product you have duly paid to us but has yet to be delivered to you.
16.2. Notwithstanding anything in these Terms and Conditions, we are entitled to decide at our sole discretion on the extent of action to be in relation to the performance of Terms and Conditions or Services during any Force Majeure event.
17. WAIVER
17.1. No failure or delay on our part in exercising our rights or our omission to assert any right, power, privilege or remedy accruing to us under these Terms and Conditions or of any of the remedies to us in law or in equity shall be construed as a waiver or an acquiescence in any default.
18. FRAUDULENT & SUSPICIOUS ACTIVITY
18.1. If we have any reason or suspicion to believe that you have conducted or engaged in any unauthorized, improper, unlawful, fraudulent or suspicious activity and/or transactions, we are entitled to take immediate actions including but not limited to the followings: -
(a) to suspend, close, restrict and/or limit your access to the Platform and/or the Services temporarily or indefinitely;
(b) to suspend and/or cancel the processing of any transactions on the Platform;
(c) to suspend your eligibility for any guarantee and/or warranty provided by us including but not limited to Resorts World Tours Sdn Bhd’s Warranty;
(d) to hold, apply or transfer the funds in full or any part thereof in your Account in accordance with any judgment, order or instruction made by authorities of competent jurisdictions;
(e) to refuse, suspend and/or cancel any Services provided or to be provided to you; and/or
(f) to hold your funds for a period time reasonably required to protect us or any third-party from the risk of liability.
18.2. The suspension shall be for a period as we at our discretion determine necessary to investigate the matter and shall be lifted if we are satisfied that you are not involved in any fraudulent, illegal or criminal activity. In such an event, you shall not hold us liable for any withholding of, delay in, suspension, forfeiture or cancellation of, any payments. However, we may grant extension of time on the contractual term accounting for the suspended periods, assessed on a case-by-case basis.
19. PERSONAL DATA
By providing you or your client personal data to us, you are deemed to have read, understood, voluntarily and unconditionally consented to the collection, usage, processing and storage of the personal data in the manner and for the purposes described in the Personal Data Processing Statement (PDPS) of Genting Malaysia Berhad available at Privacy Policy | Resorts World Genting (rwgenting.com)
20. GENERAL
19.1. These Terms and Conditions will remain in full force and effect while you are a User of the Platform at any level. We reserve the right, at its sole discretion, to pursue all its legal remedies, including but not limited to deletion of your account from the Platform and immediate termination of your registration with or ability to access the Platform any/or any other Services provided to you by us, upon breach by you of these Terms and Conditions or if we are unable to verify or authenticate any information you submit to the Platform. Even after you are no longer a user of the Platform, certain provisions of these Terms and Conditions will remain in effect.
21. GOVERNING LAW
These Terms and Conditions shall be governed by the laws of Malaysia. Both Resorts World Tours Sdn Bhd and User agree to submit to the non-exclusive jurisdiction of the courts in Malaysia. All dealings, correspondences and contacts to be made pursuant to this term shall be made or conducted in the English language.
22. CONTACT US
For questions or problems relating to our Platform, or the Terms and Conditions, you may email us at guestservice@rwt.com.