Terms & Conditions
ACCEPTANCE OF TERMS AND CONDITIONS
- Modified Terms.
- End User Conduct.
- Copyright and Trademarks.
- Copyright Policy.
- Disclaimer of Warranty.
- Limitation of Liability.
- License Grant.
- Third-Party Content.
- Account Registration.
- Payment Methods and Payout Methods.
The Site provides an interactive online service operated by Axiago eTravel Sdn. Bhd. on the World Wide Web of the Internet (the "Web"), consisting of information services, content and transaction capabilities facilitated through Axiago, affiliates of Axiago or hosts or merchants (“Hosts” "Merchants") offering vouchers for booking confirmation ("Vouchers") which may be exchanged for goods/services at Hosts or Merchants and other third parties.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User's password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Axiago, and Axiago shall not be responsible for any data lost while transmitting information on the Internet. While it is Axiago's objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Axiago, access to the Site may be interrupted, suspended or terminated from time to time.
Axiago shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Axiago may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
You represent that you are of legal age to form a binding contract. You must be at least 18 years old to be eligible to use the Site. However, if you are at least 13 years old but not yet 18, you may use the Site in conjunction with your parent or guardian who agrees to this Agreement. No one under age 13 may use the Site.
End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Axiago shall not be liable for any damages to the End User's equipment resulting from the use of this Site.
The foregoing provisions of this Section 4 apply equally to and are for the benefit of Axiago, its subsidiaries, affiliates, Hosts, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Everything located on or in this Site, including the Microsites, is the exclusive property of Axiago eTravel Sdn. Bhd. or used with express permission of the copyright and/or trademark owner. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this site or any of the microsites without the express written permission of Axiago is strictly prohibited. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and/or criminal penalties.
This Site and any Microsites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under Malaysia copyright laws. Axiago owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. End User may download, print, and/or save copyrighted material for End User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Axiago or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Microsite otherwise owned or operated in conjunction with Axiago shall not be deemed to be in the public domain but rather the exclusive property of Axiago, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Axiago unless otherwise stated.
End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Axiago does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Microsite, End User warrants that the owner of such material has expressly granted Axiago the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that End User's personal use. End User hereby grants Axiago the right to edit, copy, publish and distribute any material made available on this Site or any Microsite by End User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Axiago, its subsidiaries, affiliates, Hosts, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
Axiago reserves the right to terminate its agreement with any End User who repeatedly infringes third-party copyright rights upon prompt notification to Axiago by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the Site or any Microsite in a way that constitutes copyright infringement, you shall provide Axiago with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location on the Site or any Microsite of the copyrighted work that you claim has been infringed; (c) a written statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) your name and contact information, such as telephone number or e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Contact information for Axiago's Copyright Agent for notice of claims of copyright infringement is as follows: [email protected]
End user expressly agrees that use of this site and the microsites is at end user's sole risk. Neither Axiago, its affiliates nor any of their respective employees, agents, hosts, merchants, third-party content providers or licensors, or any of their officers, directors, employees or agents, warrant that use of the site or any microsite will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this site, or any microsite, or (ii) the accuracy, reliability or content of any information, service or vouchers provided through this site or the microsites.
This site and the microsites are made accessible on an "as is" and "as available" basis. Axiago hereby disclaims any and all representations, warranties and conditions, whether express or implied, including, but not limited to, those of title non infringement, merchantability, and fitness for a particular purpose.
In no event shall Axiago, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or related to this agreement. In no event will Axiago's liability in connection with a voucher exceed the amounts paid for such voucher, and total aggregate liability arising out of or related to this agreement shall not exceed the amounts paid by end user during the six months preceding the bringing of any claim.
Axiago shall have the right, but not the obligation, to monitor the content of the Site and any Microsites at all times, including any chat rooms and forums that may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Axiago, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Axiago shall have the right, but not the obligation, to remove any material that Axiago, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
By posting communications on or through this Site or any Microsite, End User shall be deemed to have granted to Axiago a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees.
End User agrees to defend, indemnify and hold harmless Axiago, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or related to any products or services purchased by End User in connection with the Site or any Microsites.
End User is solely responsible for interactions with Hosts, Merchants and other users of the Site or Microsites. To the extent permitted under applicable laws, End User hereby releases Axiago from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Hosts, Merchant, including Hosts or Merchant's failure to comply with applicable law and/or failure to abide by the terms of a Voucher, and any conduct or speech, whether online or offline, of any other user.
Axiago may terminate this Agreement at any time. Without limiting the foregoing, Axiago shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Axiago, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement."
Axiago is a trademark of Axiago eTravel Sdn. Bhd. All rights in respect of this trademark are hereby expressly reserved. Unless otherwise indicated, all other trademarks appearing on Axiago are the property of their respective owners.
Axiago, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and End Users. Accordingly, Axiago has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Axiago.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Axiago. Axiago neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Axiago by anyone other than authorized Axiago employee spokespersons while acting in official capacities. Under no circumstances will Axiago be liable for any loss or damage caused by an end user's reliance on information obtained through Axiago. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Axiago.
Axiago contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Axiago of the contents on such third-party sites, and Axiago hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Axiago expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Axiago reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Axiago established by Axiago, constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
By using this Site, End User agrees that: (1) any claim, dispute, or controversy End User may have against Axiago arising out of, relating to, or connected in any way with this Agreement, this Site, or any Microsite, or the purchase or sale of any Voucher(s), shall be resolved exclusively by final and binding arbitration administered by the Kuala Lumpur Regional Centre for Arbitration ("KLRCA") and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by KLRCA ("Rules and Procedures"); (2) the arbitration shall be held at a location determined by KLRCA pursuant to the Rules and Procedures (provided that such location is reasonably convenient for End User), or at such other location as may be mutually agreed upon by End User and Axiago; (3) the arbitrator shall apply Malaysian law consistent with the Malaysian Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the End User's and/or Axiago's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) in the event that the End User is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Axiago will pay as much of the End User's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (6) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by KLRCA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither End User nor Axiago shall be entitled to arbitrate their dispute. For more information on KLRCA and its Rules and Procedures, End Users may visit the KLRCA website at http://www.klrca.org.my.
In order to use the Services, you must have an Axiago Account in good standing. If you or Axiago closes your Axiago Account for any reason, you will no longer be able to use the Services. You may authorize a third party to use your Axiago Account in accordance with the Axiago Terms. You acknowledge and agree that anyone you authorize to use your Axiago Account may use the Payment Services on your behalf and that you will be responsible for any payments made by such person.
When you add a Payment Method or Payout Method to your Axiago Account, you will be asked to provide customary billing information such as name, billing address, and financial instrument information either to Axiago Payments or its third-party payment processor(s). You must provide accurate, current, and complete information when adding a Payment Method or Payout Method, and it is your obligation to keep your Payment Method and Payout Method up-to-date at all times. The information required for Payout Methods will include:
- for direct deposit, your address, name on the account, account type, routing number, and account number;
- for PayPal, your address, email address, and payout currency; and
- for Payoneer prepaid debit cards, your address, and Payoneer account information.
II. TERMS OF SALE
The Voucher you purchase through Axiago is redeemable for goods or services by the Hosts or Merchant. The Hosts or Merchant, not Axiago, is the seller of the Voucher and the goods and services and is solely responsible for redeeming any Voucher you purchase. Axiago sells a Voucher that can be redeemed in connection with your purchase of the goods or services from Hosts or Merchant.
III. REFUND POLICY
If you are ever having trouble redeeming your certificate, we are here to help. We approach refund requests for unredeemed certificates in this straightforward way:
- Our first response will always be to try and help you receive the exploration you purchased.
- If we can’t assist you in redeeming your certificate, we will offer you to try another exploration.
- If you don’t want to use towards another activity and it’s within the validity period, we’ll return the purchase price.
If a hosts or merchant’s services closes permanently, we will always honour returns for unredeemed certificate.
If you’ve already redeemed your voucher, and you’re disappointed with your purchase, please contact us and we’ll evaluate returns on a case-by-case basis.
- How long will it take to receive my refund?
- Can I return a voucher?
- Under these circumstances, what do you need to process my refund?
Refunds are processed back to your method of payment within 14 working days, not including weekends and public holidays.
Returns are handled on a case-by-case basis. Within the limits of reason, the cancellation policy provided by hosts or merchants, we’ll do what it takes to make you satisfy.
Please contact us and include your booking reference number along with the activity’s name and date of purchase.
If you have any further questions on this matter, please email us at [email protected].