Term of Use
ACCEPTANCE OF TERMS
For the purposes of these Terms, the “Services” means the online platform and solution that facilitate our users, hosts and/or owners of homestays that provide overnight accommodations, activities and, related services and activities.
Amendments to the Terms can be made and effected by us from time to time without specific notice to your end. The Terms posted on the Site reflects the latest legal notice and you should carefully review the same before you use our site.
USE OF THE SITE
The Site allows you to post offers, sell, advertise, bid and shop online. However, you are prohibited to do the following acts, to wit: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) maneuvering the price of any item or interfere with other users’ listings; (f) post false, inaccurate, misleading, defamatory, or libelous content; (g) take any action that may damage the rating system.
Unauthorized access by any illegitimate channels, hacking and password “mining” are strictly prohibited for any portion or feature of the Site, to any of the products or services offered on or through the Site or to any other websites, systems or networks connected to the Site.
You are strictly prohibited from attempting reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of DLOOP. This includes any account information which is not owned by you, any service or information made available or offered by or through the Site, where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Site
No part of the Site or any material contained in the Site can be used for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of DLOOP or others.
Any attempt to modify or make copies of the technologies or software used or owned by the Site in any manner or form or to use the modified versions, including (without limitation) for the purpose of obtaining unauthorized access to the Site is not allowed.
Certain areas of the Site can only be accessed upon registration. Access of most areas of the Site is open without registering your details with us. When you access any part of the Site, you are deemed as having accepted the Terms in full. You must leave the Site immediately if you do not accept any part of the Terms. DLOOP has the right to revise the Terms at any time by updating this posting. You are advised to check periodically to review the latest legal notice as it is binding on you. There are designated notices or terms located on specific pages of the Site that may supersede certain provisions of the Terms.
Users of the Site are prohibited to use the services of the Site in connection with any commercial endeavors or ventures. This includes providing links to other websites, whether deemed competitive to this website or not.
Users of the Site are allowed to print and download extracts from the Site for their own use on the following basis:
- the graphics on the Site are not used separately from the corresponding text;
- the documents or related graphics on the Site are not to be modified in any manner; and
- DLOOP’s copyright and trade mark notices and this permission notice appear in all copies.
DLOOP or its licensors own the copyright and other intellectual property rights in all material on the Site (including without limitation photographs, graphical images and videos) unless otherwise stated. For the purposes of this legal notice, any use of extracts from the Site, other than in accordance with the Terms specified, for any purpose is prohibited.
Breach of any of the conditions in this legal notice will mean the immediate termination of your permission to use the Site. You are required to destroy any downloaded or printed extracts from the Site immediately. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of the Site and should not use the site for any purpose.
REGISTRATION OF INFORMATION
DLOOP does not allow any posting or transmitting to or from the Site through any channels, the following:
- material that is deemed as defamatory, offensive, pornographic, abusive, obscene, seditious, liable to incite racial hatred, discriminatory, menacing, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
- material that is considered to be technically harmful (including, without limitation, computer viruses, Trojan horses, logic bombs, , worms, corrupted data, harmful components, or other malicious software or harmful data; or
- material or content that you have not or yet to obtain all required approvals and/or approvals; or
- material that can be regarded as encouragement to conduct criminal offences, provide opportunities for civil liability, that is contrary to the law or that infringes on the rights of any third party, in any country in the world.
DLOOP retains our right to view, review and take the appropriate action on content that contravenes the said Terms and shall give our full cooperation with any law enforcement authorities or court order requesting or directing DLOOP to disclose the identity or locate anyone posting any material or otherwise misusing the Site in breach of the Terms.
This legal notice will remain in full force and effect while you use the Site. You may terminate your membership at any time for any reason by sending an email titled “TERMINATION OF ACCOUNT” via firstname.lastname@example.org or any other channels or method provided on the Site. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this legal notice, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this legal notice will remain in effect.
DLOOP shall not be liable if for any reason the Site is unavailable at any time or for any period. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond DLOOP’s control.
LINKS & FRAMINGS
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the Site will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the site and you are allowed to establish hyperlink to appropriate part within the site provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the site; (iii) the link does not state or imply any sponsorship or endorsement of your site and (iv) you immediately stop providing any links to the site on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites.
DLOOP expressly reserves the right to revoke the permission granted for breach of these terms and/or to take any other action it deems appropriate. You shall fully indemnify DLOOP for any loss or damage suffered by DLOOP or any of its group companies for any breach of the clauses in the Terms.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
We make no express or implied warranties or representations with respect to the Site or any products sold through the Site (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the site or any part of it at any time. The information, content and services on the site are provided on an “as is” basis. When you use the site and or participate therein, you understand and agree that you participate at your own risk.
DLOOP, any other party (whether or not involved in creating, producing, maintaining or delivering the Site), and any of DLOOP’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use or the results of use of the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Site or your downloading of any material from the Site or any websites linked to the Site
INTELLECTUAL PROPERTY RIGHTS
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the Site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this legal notice. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Site or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to the Site is proprietary information of DLOOP. Such customer information is confidential and may not be disclosed. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
DLOOP EMPEIRIA Private Limited shall comply with all of its obligations as a data controller in relation to your personal information pursuant to the Personal Data Protection Act 2010.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this legal notice, without liability to us. However, we may assign this legal notice to any person at any time without notice.
Failure of DLOOP to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
You agree to hold harmless and indemnify DLOOP, and its subsidiaries, affiliates, officers, agents, and employees, from and against any claim arising from or in any way related to your use of the Site, including any liability or expense (including legal costs and expenses) arising from all claims, losses, damages (actual and consequential), suits, judgments, legal costs of every kind and nature.
SEVERABILITY OF TERMS
ENTIRE LEGAL NOTICE
This legal notice shall be governed by and construed in accordance with the substantive laws of Malaysia, without any reference to conflict-of-laws principles. The legal notice describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this legal notice.
CHOICE OF LAW; JURISDICTION; FORUM
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this legal notice is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Malaysia, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.