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Customer
Agreement
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The
terms and conditions of this Customer Agreement shall
govern your use of our Website
and the services provided through our Website by asiaegolf
Tours Sdn Bhd.
By making use of this Website, you are deemed to have
accepted, without variation,
the terms and conditions set out in this Customer Agreement
and have agreed to abide
by these terms and conditions.
Any changes to the terms and conditions
of the Customer Agreement will be posted on
this page to ensure that you will always be kept informed
and updated on our terms
and conditions. Continued use of our Website after any
change in our terms and conditions
will be conclusive that you have accepted such terms
and conditions.
| 1. |
Accuracy
of Information |
| a. |
i) |
All
information details, data, text, software,
music, sound, pictures, photographs, graphics,
maps, video or other materials on any holiday
or golf packages or otherwise posted on our
Website shall be the sole responsibility of
the person from whom such Information originated.
asiaegolf Tours Sdn Bhd shall not be responsible
for any inaccuracy, misdescription or errors
of such Information. |
| b. |
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You
understand that you shall be responsible for
the accuracy of all personal details provided
by yourself in making use of our Website to
book any golf package holidays. asiaegolf
Tours Sdn Bhd shall not be responsible for
any consequences of losses or damages suffered
by you or any other party arising from any
inaccuracy or misdescription or errors in
any of the personal details provided by you
in making use of our Website. You will indemnify
asiaegolf Tours Sdn Bhd for any loss or damage
suffered by asiaegolf Tours Sdn Bhd as a result
of any such inaccuracy, misdescription or
errors of any personal details provided by
you. |
| a. |
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You
agree that you shall:- |
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i) |
comply
with all terms and conditions governing the
usage of this Website; |
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ii) |
keep
your password and username secure and protected,
at all time, from any unauthorised access
or use; |
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iii) |
immediately
notify asiaegolf Tours Sdn Bhd if you are
aware of or suspect any unauthorised access
to your user name and/or password or any other
breach of security;
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| b. |
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You
agree that you shall not:- |
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i) |
use
this Website in any way which interferes,
whether directly or indirectly, with the availability,
usage or enjoyment of this Website by other
users; |
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ii) |
upload,
post or otherwise transmit any Information
which is illegal, harmful, abusive, harassing,
tortious, defamatory, obscene, invasive of
another's privacy, hateful or racially, ethnically
or otherwise objectionable; |
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iii) |
forge
headers or otherwise manipulate identifiers
in an attempt to disguise the origin of any
Information posted or transmitted through
the Website; |
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iv) |
upload,
post or otherwise transmit any Information
which infringes any patent, trademark, trade
secret, copyright or other proprietary rights
of any party; |
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v) |
upload,
post or otherwise transmit any Information
which contains software viruses or any other
computer codes, files or programs designed
to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunication
equipment used in connection with asiaegolf
Tours Sdn Bhd or our Website; |
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vi) |
intentionally
or unintentionally violate any applicable
laws and regulations, as amended from time
to time; |
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vii) |
collect
or store personal data about other users; |
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viii) |
offer
for sale any products or services or solicit
for advertisers or sponsors through our Website; |
| 3. |
Representations
and Warranties |
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You
represent and warrant as follows:- |
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i) |
that
you are not a minor and have legal capacity
to use this Website and to be bound by all
the terms and conditions governing your usage
of the Website; |
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ii) |
that
you are not an undischarged bankrupt and that
no petitions for bankruptcy have been presented
against you; |
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iii) |
all
details and information given by you for purposes
of making use of this Website are accurate
and correct and that you shall notify us immediately
if found otherwise.
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| 4. |
Software
and Copyright |
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All
contents of this Website shall belong to asiaegolf
Tours Sdn Bhd (formerly known as asiaegolf
Sdn Bhd) of Suite D-09-D1 Plaza Mont' Kiara
Centre,2 Jalan 1/70C, Mont' Kiara, 50480 Kuala
Lumpur who retains all rights, titles and
interests (including but not limited to copyright,
trademark or patent rights) to all software
and underlying information or material in
respect of this Website. |
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You
are not allowed to download or otherwise export
or re-export any software or underlying information
or material unless such downloading or export
are in accordance with our written instructions
or expressly permitted by this Customer Agreement. |
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This
Clause shall survive the termination or rescission
of this Customer Agreement for any reason
whatsoever. |
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Your
use of this Website shall be at your sole
risk. This Website and all Information found
therein are provided on an "AS IS WHERE
IS" basis and asiaegolf Tours Sdn Bhd
assumes no responsibility whatsoever for your
use of the Website and your reliance on any
Information found there in. |
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asiaegolf
Tours Sdn Bhd makes no representation or warranty
on the accuracy of any Information posted
on this Website. |
| 6. |
Limitation
of Liability |
| a. |
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asiaegolf
Tours Sdn Bhd shall not be liable or responsible
for any losses or damages arising, whether
direct, indirect or incidental, out of the
following:- |
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i) |
your
use of or inability to use the Website; |
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ii) |
your
reliance on any of the Information posted
or obtained through this Website; |
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iii) |
the
submission of any personal details, including
but not limited to bank and credit card details; |
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iv) |
the
failure of any of the hotels or golf courses
or any other service providers to provide
or deliver their respective services; or |
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v) |
any
unauthorised access or breach of security
into this Website by any party through the
internet or otherwise. |
| b. |
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In
addition to the above and notwithstanding
anything to the contrary, asiaegolf's liability,
where asiaegolf Tours Sdn Bhd admits or is
found to be liable, shall be limited to the
aggregate of Ringgit Malaysia Five Thousand
(RM5,000.00) only. |
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asiaegolf
Tours Sdn Bhd shall not be responsible or
liable for loss or damages of any kind or
additional expenses or charges arising out
of any failure or delay by asiaegolf Tours
Sdn Bhd in performing our obligations contained
herein or in respect of any service connected
therewith where the failure or delay is caused,
whether directly or indirectly, by any event
or circumstances which are beyond the control
of asiaegolf Tours Sdn Bhd. |
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You
shall indemnify asiaegolf Tours Sdn Bhd and
keep asiaegolf Tours Sdn Bhd indemnified against
all claims, demands, actions, proceedings
made or brought against asiaegolf Tours Sdn
Bhd by any party arising from your use of
this Website and/or any breach of any terms
and condition contained herein. |
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This
Website may contain hyperlinks to other websites
operated by other parties. asiaegolf Tours
Sdn Bhd shall not be responsible for the contents
of such website and asiaegolf Tours Sdn Bhd
does not endorse or claim any association
with such websites. |
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This
Customer Agreement and all other terms and
conditions in respect of this Website may
be varied, amended or updated from time to
time at the sole discretion of asiaegolf Tours
Sdn Bhd. asiaegolf Tours Sdn Bhd shall not
be obliged to notify you or any party of any
variation, amendments or updates made. All
such variations, amendments and updates will
be posted on the Website with immediate effect
and you are deemed to have knowledge of such
variations, amendments and updates by your
continued usage of the Website. |
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If
one or more of the provisions of this Customer
Agreement shall be found to be invalid, illegal
or unenforceable in any respect under any
applicable law or decision, the validity,
legality or enforceability of the remaining
provisions contained in this Customer Agreement
shall not be affected or impaired in any way
whatsoever. If any such provision shall be
void, illegal or unenforceable but would be
valid and enforceable if read down, then that
provision shall be read down to the extent
necessary to render the provision valid and
enforceable. |
| 12. |
Additional
terms and conditions |
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Additional
terms and conditions imposed by the hotels,
golf courses and other service providers will
be imposed on you in respect of your booking,
whether through our Website or otherwise,
of their products and services. In making
a booking through our Website, you agree to
be bound and to abide by the terms and conditions
of these hotels, golf courses and other service
providers. |
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asiaegolf
Tours Sdn Bhd shall not be responsible for
any consequences, whether direct or indirect,
resulting from your breach of any such additional
terms and conditions. |
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This
Customer Agreement shall be governed and construed
in accordance with Malaysian law. |
| 14. |
Booking
Information, Cancellations, etc. |
| a. |
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Reservation
Procedures:
A booking for any of our golf packages through
our Website shall only be made in accordance
with the following procedures:- |
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i) |
call
us at 603-8996 0160, write to us at Lot 2-1B,
Support Services, Resource Centre, Technology
Park Malaysia, Bukit Jalil, 57000 Kuala Lumpur,
Malaysia, fax at 603-8996 0135, e-mail or
book through our Website using the standard
booking form found in our Website; |
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ii) |
asiaegolf
Tours Sdn Bhd will make the relevant reservations
at the hotels, golf courses and other relevant
service providers and will confirm such reservations
with you via email; and |
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iii) |
upon
asiaegolf's confirmation of your reservations,
payment of the price of the golf package shall
be made to asiaegolf Tours Sdn Bhd in US currency
in the form of Bankers' Draft, Visa or MasterCard. |
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Please
note that all reservations made are subject
to the availability of such facilities at
the hotels, golf courses and other such service
providers. asiaegolf Tours Sdn Bhd does not
guarantee the availability of the hotels,
golf courses or services requested by you
and asiaegolf Tours Sdn Bhd reserves the right
to substitute the hotels, golf courses or
service for other hotels, golf courses or
other service of similar value and standing
with similar facilities offered.
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| b. |
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Information
Required For Booking:
When confirming a reservation, you shall be
required to provide us with the following
information: |
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i) |
your
full name, age and passport number; |
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ii) |
full
names of everyone in the party, their ages
and details of their passports & a rooming
list for all persons in your party |
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iii) |
each
golfer's handicap and home golf club name;
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| c. |
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Method
Of Payment |
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All
payments for any bookings made through our
Website must be made in U.S. currency in the
form of Bankers Draft, Visa or MasterCard.
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| d. |
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Taxes
or Charges |
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All
prices of our golf packages are inclusive
of all taxes and services charges required
by the Malaysian Government except for the
Airport Departure Tax which must be paid by
you separately. All travelers (whether Malaysians
or foreigners) are required to pay the Malaysian
Airport Departure Tax of RM40.00 (US$10.00)
for international destinations or RM20.00
(US$5.00) for domestic destinations.
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| e. |
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Travel
Documents |
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You
shall ensure that your travel documents (including
your valid passport and any valid visa) are
in order, as asiaegolf Tours Sdn Bhd shall
not be responsible for any liabilities arising,
whether directly or indirectly, from any irregularity(ies)
in your travel documents.
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| f. |
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Cancellations |
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Notification
of cancellation must be forwarded in writing
via mail at Suite D-09-D1 Plaza Mont' Kiara
Centre, 2 Jalan 1/70C, Mont' Kiara, 50480
Kuala Lumpur Malaysia or fax at 603-6201 9133
to asiaegolf Tours Sdn Bhd (formerly known
as asiaegolf Sdn Bhd) with attention to Project
Coordinator. Such notification of changes
must be received by asiaegolf Tours Sdn Bhd
by or before the specified time before you
are entitled to any cancellation charges at
the following rates per person: |
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60
or more days before departure - 95% of package
price
59 - 30 days prior to departure - 50% of package
price
29 - 6 days prior to departure - 75% of package
price |
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There
will be no refund for all unused or partially
used program features and components. Within
5 days of departure - 100% of package price |
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Please
contact the relevant Airline Company directly
for details of the refund policies of airline
tickets.
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| g. |
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Changes |
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An
administrative fee of US$25.00 per change
per person will be charged for any changes
to the package requested by client or travel
agent after confirmation issued. Notwithstanding
the administrative fee, changes may not be
made to any package less than 14 days (international)
before travel, except with the express written
approval of asiaegolf Tours Sdn Bhd. |
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