Kuala Lumpur By Night Tour

1. Your Agreement

1.1 This website www.klmalaysiatours.com and/or the KL Malaysia Tours App (together, 'KL Malaysia Tours Platform') is operated by KL Malaysia Tours Travel Technology Limited, a Hong Kong incorporated company. Please read these terms of use (“this Terms of Use”) carefully before using the KL Malaysia Tours Platform and the services offered by KL Malaysia Tours Travel Technology Limited, its affiliated companies (together, “KL Malaysia Tours”) or the third-party operators (the “Operator”) through the KL Malaysia Tours Platform (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the KL Malaysia Tours Platform and (2) persons for whom you make a purchase of the Services.

2. Change of Terms of Use

2.1 KL Malaysia Tours' Modifications:

2.1.1 KL Malaysia Tours reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If KL Malaysia Tours changes or modifies this Terms of Use, KL Malaysia Tours will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.

2.1.2 Your continued use of the KL Malaysia Tours Platform after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access the KL Malaysia Tours Platform and/or the Services. It is your responsibility to regularly check the KL Malaysia Tours Platform to ascertain if there are any changes to this Terms of Use and to review such changes.

2.1.3 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time, the privacy policy (the “Privacy Policy”) and the terms and conditions of KL Malaysia Tours AI tools (the “Terms and Conditions of KL Malaysia Tours AI Tools”) adopted by KL Malaysia Tours from time to time. All such terms are hereby expressly incorporated by reference in this Terms of Use.

3. Access and Use of the Services

3.1 Ownership of Content:

3.1.1 This KL Malaysia Tours Platform, the domain name (www.klmalaysiatours.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by KL Malaysia Tours in connection therewith are owned and operated by KL Malaysia Tours.

3.2 Provision and Accessibility of Services:

3.2.1 Subject to this Terms of Use, KL Malaysia Tours may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on the KL Malaysia Tours Platform. The Services that have been selected by you on the KL Malaysia Tours Platform are solely for your own use, and not for the use or benefit of any third party. The term "Services" includes but is not limited to the use of the KL Malaysia Tours Platform, any Services offered by KL Malaysia Tours by itself or on behalf of the Operators on the KL Malaysia Tours Platform. KL Malaysia Tours may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. KL Malaysia Tours may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.

3.2.2 KL MALAYSIA TOURS does not guarantee that the Services will always be available or uninterrupted. KL MALAYSIA TOURS will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through an Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.

3.2.3 If you link to the KL MALAYSIA TOURS Platform, KL MALAYSIA TOURS may revoke your rights to so link at any time, at KL MALAYSIA TOURS' sole discretion. KL MALAYSIA TOURS reserves the right to require prior written consent before linking to the KL MALAYSIA TOURS Platform.

4. KL MALAYSIA TOURS Platform and Content

4.1 Use of the Content:

4.1.1 All materials displayed or performed on the KL MALAYSIA TOURS Platform including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials ("Content") are protected by copyright and/or other intellectual property rights. This KL MALAYSIA TOURS Platform and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with Terms of Use. For the avoidance of doubt, any inputs into and outputs from KL MALAYSIA TOURS AI Tools do not constitute "Content". For more information on KL MALAYSIA TOURS AI Tools, please see the Terms and Conditions of KL MALAYSIA TOURS AI Tools.

4.1.2 If KL MALAYSIA TOURS agrees to grant you access to the KL MALAYSIA TOURS Platform and/or the Content, such access shall be a non-exclusive, non-transferable and limited license to access the KL MALAYSIA TOURS Platform in accordance with this Terms of Use. KL MALAYSIA TOURS may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from the KL MALAYSIA TOURS Platform.

4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in the KL MALAYSIA TOURS Platform and the Content accessed through the KL MALAYSIA TOURS Platform, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever the KL MALAYSIA TOURS Platform or the Content or third-party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third-party rights.

4.2 KL MALAYSIA TOURS' Liability for the KL MALAYSIA TOURS Platform and Content:

4.2.1 KL MALAYSIA TOURS cannot guarantee the identity of any other users with whom you may interact within the course of using the KL MALAYSIA TOURS Platform. KL MALAYSIA TOURS cannot guarantee the authenticity and accuracy of any content, materials, or information which other users or the Operators may provide. All Content accessed by you using the KL MALAYSIA TOURS Platform is at your own risk, and you will be solely responsible for any damage or loss to any party resulting therefrom.

4.2.2 Under no circumstances will KL MALAYSIA TOURS be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the KL MALAYSIA TOURS Platform.

4.2.3 Sort Order: We provide sorting and filter settings for you to adapt the search results to your preferences using criteria such as availability, price recommendations, Services' popularity, Services' reviews, or other criteria. We continually optimize the KL MALAYSIA TOURS Platform to provide you the best experience and may test different default sort order algorithms from time to time.

5. Intellectual Property Rights

5.1 Intellectual Property:

5.1.1 All intellectual property rights subsisting in respect of the KL MALAYSIA TOURS Platform belong to KL MALAYSIA TOURS or have been licensed to KL MALAYSIA TOURS for use on the KL MALAYSIA TOURS Platform. This KL MALAYSIA TOURS Platform, the Services, and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit any part of the KL MALAYSIA TOURS Platform and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on the KL MALAYSIA TOURS Platform or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and non-commercial use is expressly prohibited without prior written permission from KL MALAYSIA TOURS or from the copyright holder identified in such Content's copyright notice.

6. User Submissions

6.1 Uploading of Information:

6.1.1 In the course of accessing the KL MALAYSIA TOURS Platform or using the Services, you may provide information which may be used by KL MALAYSIA TOURS and/or the Operators in connection with the Services and which may be visible to other users of the KL MALAYSIA TOURS Platform. You understand that by posting information or content on the KL MALAYSIA TOURS Platform or otherwise providing content, materials or information to KL MALAYSIA TOURS and/or the Operators in connection with the Services ("User Submissions"): (a) You hereby grant to KL MALAYSIA TOURS and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating the KL MALAYSIA TOURS Platform and KL MALAYSIA TOURS's business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize KL MALAYSIA TOURS to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of the KL MALAYSIA TOURS Platform a non-exclusive license to access your User Submissions through the KL MALAYSIA TOURS Platform, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the KL MALAYSIA TOURS Platform and under this Terms of Use; (d) You acknowledge and agree that KL MALAYSIA TOURS retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to KL MALAYSIA TOURS does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) does not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through the KL MALAYSIA TOURS Platform are the sole responsibility of you and that KL MALAYSIA TOURS will not be liable for any errors or omissions in any content.

7. Users Representations, Warranties and Undertakings

7.1 Use of the KL MALAYSIA TOURS Platform and the Services:

7.1.1 You represent, warrant and undertake to KL MALAYSIA TOURS that you will not provide any User Submissions or otherwise use the KL MALAYSIA TOURS Platform or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without KL MALAYSIA TOURS’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of KL MALAYSIA TOURS; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

7.2 Removal of User Submissions:

7.2.1 KL MALAYSIA TOURS reserves the right to remove any User Submissions from the KL MALAYSIA TOURS Platform at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if KL MALAYSIA TOURS is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.

7.3 Responsibility for User Submissions:

7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the KL MALAYSIA TOURS Platform.

7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on the KL MALAYSIA TOURS Platform. You represent, warrant and undertake to KL MALAYSIA TOURS that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize KL MALAYSIA TOURS to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by the KL MALAYSIA TOURS Platform and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or KL MALAYSIA TOURS's use of the User Submissions, or any portion thereof, on or through the KL MALAYSIA TOURS Platform and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.

7.3.3 You are responsible for all of your activity in connection with using the KL MALAYSIA TOURS Platform and/or the Services. You further represent, warrant and undertake to KL MALAYSIA TOURS that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use the KL MALAYSIA TOURS Platform and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via the KL MALAYSIA TOURS Platform; (c) use the KL MALAYSIA TOURS Platform for commercial or competitive activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the KL MALAYSIA TOURS Platform; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run maillist, listserv, or any other form of auto-responder, or "spam" on the KL MALAYSIA TOURS Platform, or any processes that run or are activated while you are not logged on to the KL MALAYSIA TOURS Platform, or that otherwise interfere with the proper working of or place an unreasonable load on the KL MALAYSIA TOURS Platform’s infrastructure; or (g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the KL MALAYSIA TOURS Platform; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of KL MALAYSIA TOURS Platform.

7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using the KL MALAYSIA TOURS Platform and/or the Services.

8. Registration and Security

8.1 Opening of the KL MALAYSIA TOURS Account:

8.1.1 In the course of using the Services, you may be required to open and maintain an account with KL MALAYSIA TOURS (“KL MALAYSIA TOURS Account”).

8.2 Provision of Personal Information:

8.2.1 As a condition to using some aspects of the Services, you may be required to register with KL MALAYSIA TOURS and select a password and user name (“KL MALAYSIA TOURS User ID”). If you are accessing the Services through a Third Party Website or service, KL MALAYSIA TOURS may require that your KL MALAYSIA TOURS User ID be the same as your user name for such Third Party Website or service.

8.2.2 You shall provide KL MALAYSIA TOURS with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your KL MALAYSIA TOURS Account.

8.2.3 You represent that you shall not: (a) Select or use as a KL MALAYSIA TOURS User ID a name of another person with the intent to impersonate that person; or (b) Use as a KL MALAYSIA TOURS User ID a name subject to any rights of a person other than you without appropriate authorization.

8.2.4 KL MALAYSIA TOURS reserves the right to refuse registration of or to cancel a KL MALAYSIA TOURS Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.

9. Reviews - Further correspondence - Rights to User Content

9.1 By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the KL MALAYSIA TOURS platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account may be awarded KL MALAYSIA TOURS credits, which may be used towards your next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of KL MALAYSIA TOURS credits. KL MALAYSIA TOURS further reserves the right to deduct any credits directly from your KL MALAYSIA TOURS account without prior notice. 9.2 By posting a review, you grant KL MALAYSIA TOURS the full, perpetual, free, transferable and irrevocable rights to all submitted user content. KL MALAYSIA TOURS reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.

9.3 You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that

9.3.1 you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;

9.3.2 such content is accurate and not misleading; and

9.3.3 use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.

9.4 Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others.

9.5 You further grant KL MALAYSIA TOURS the right to pursue at law any person or entity that violates your or KL MALAYSIA TOURS' rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.

9.6 Content submitted by users will be considered non-confidential and KL MALAYSIA TOURS is under no obligation to treat such content as proprietary information. Without limiting the foregoing, KL MALAYSIA TOURS reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. KL MALAYSIA TOURS is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to KL MALAYSIA TOURS. KL MALAYSIA TOURS shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Terms of Use on the Platform for more details.

10. Booking Confirmation, Tickets, Vouchers, Fees and Payment

10.1 Booking Confirmation:

10.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the KL MALAYSIA TOURS Platform is solely for reference only. Actual time required for confirmation may vary.

10.2 Purchase and Use of the Vouchers:

10.2.1 Through the KL MALAYSIA TOURS Platform, you may purchase vouchers from KL MALAYSIA TOURS for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher.

10.2.2 In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.

10.2.3 An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither KL MALAYSIA TOURS nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.

10.3 Terms of the Vouchers:

10.3.1 The Terms of Use for each Voucher may vary amongst Operators and any restrictions that apply to the use of such Voucher, including but not limited to a minimum age requirement, will be conveyed to you at the time of purchase on the KL MALAYSIA TOURS Platform.

10.3.2 Vouchers are admission tickets to one-time events ('Events'): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.

10.4 Cancellation of Vouchers:

10.4.1 You may cancel your Voucher by contacting KL MALAYSIA TOURS customer service within the cancellation period, as stated at the time of purchase on the KL MALAYSIA TOURS Platform. Cancellation windows vary on a case-by-case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.

10.4.2 The Operator, not KL MALAYSIA TOURS, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.

10.4.3 Please directly consult with the Operator if you have any inquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the KL MALAYSIA TOURS Platform at the time prior to purchase.

10.4.4 If an Event for which you have purchased a Voucher is canceled by the Operator, KL MALAYSIA TOURS will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.

10.5 Required Assistance:

10.5.1 If you attempt to use a Voucher in accordance with this Terms of Use and the additional terms and conditions applicable to such Voucher and you are unable to do so (due to the fault of the Operator or otherwise), please contact KL MALAYSIA TOURS at sales@barytours.com, and KL MALAYSIA TOURS will try to liaise with the Operator for an appropriate remedy.

10.6 Additional Charges:

10.6.1 KL MALAYSIA TOURS reserves the right to require payment of fees or charges for any Services offered by KL MALAYSIA TOURS. You shall pay all applicable fees or charges, as described on the KL MALAYSIA TOURS Platform in connection with such Services selected by you.

10.7 Modifications to Charges:

10.7.1 KL MALAYSIA TOURS reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on the KL MALAYSIA TOURS Platform. Your use, or continued use, of the Services offered by KL MALAYSIA TOURS following such notification constitutes your acceptance of any new or revised fees or charges.

10.8 KL MALAYSIA TOURS's Rights and Obligations:

10.8.1 KL MALAYSIA TOURS reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at KL MALAYSIA TOURS's sole discretion.

10.8.2 KL MALAYSIA TOURS intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.

10.8.3 Whilst the Operators are required to provide KL MALAYSIA TOURS with accurate and updated prices of the Services on the KL MALAYSIA TOURS Platform, KL MALAYSIA TOURS cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.

10.9 The above terms and conditions & return policies are applicable to all KL MALAYSIA TOURS users worldwide.

11. Discounts

11.1 KL MALAYSIA TOURS Credits:

11.1.1 KL MALAYSIA TOURS Credits are points that are awarded to you and will be accumulated in your KL MALAYSIA TOURS Account until expiry. Points are awarded on the actual participated and unrefunded activities purchased from KL MALAYSIA TOURS platforms, based on the award program at the time of purchase. Except as otherwise stated, every ten (10) KL MALAYSIA TOURS Credits may be used to offset one Hong Kong Dollar (HK$1.00) of the total check out price. Conversion into any other currencies will be calculated based on the exchange rate KL MALAYSIA TOURS uses on the date of your purchase offset.

11.1.2 KL MALAYSIA TOURS Credits may be earned through the following means and the amount of KL MALAYSIA TOURS Credit received may vary with each purchase and is at the sole discretion of KL MALAYSIA TOURS: (a) rebates from previous purchases (b) earning through any means authorized by KL MALAYSIA TOURS at its sole discretion (c) submission of activity review after successfully completing any eligible KL MALAYSIA TOURS activities you purchased

11.1.3 You will only receive KL MALAYSIA TOURS Credits for the first ten activities you have reviewed in any calendar month. If you have completed the same activity more than once in the same month, you will only receive KL MALAYSIA TOURS Credits for the first review you have submitted for that activity.

11.1.4 All KL MALAYSIA TOURS Credits earned any time will expire 365 days after the last valid KL MALAYSIA TOURS Credits Eligible Transaction. A “KL MALAYSIA TOURS Credits Eligible Transaction” includes unrefunded purchase of any Services from KL MALAYSIA TOURS platforms, and other activities for which KL MALAYSIA TOURS Credits are awarded, such as leaving reviews for applicable Services. If any purchase is refunded, your KL MALAYSIA TOURS Credits will adjusted, and your KL MALAYSIA TOURS Credits will be valid from 365 days since your last KL MALAYSIA TOURS Credits Eligible Transaction. All expired KL MALAYSIA TOURS Credits will be forfeited and cannot be reinstated. For any KL MALAYSIA TOURS Credits earned on or before 30 June 2022, the 365-day period for the KL MALAYSIA TOURS Credit earning activity will start to count on 1 July 2022.

11.1.5 Booking and delivery fees and charges are not eligible for earning KL MALAYSIA TOURS Credits, nor can KL MALAYSIA TOURS Credits be used to redeem or deduct booking and delivery fees and charges.

11.2 KL MALAYSIA TOURS Coupons:

11.2.1 KL MALAYSIA TOURS Coupons are coupons with a one-time use and will not be returned if used that will be sent to your designated email address or applied directly to your KL MALAYSIA TOURS Account, which may be used in exchange for discounts of future bookings on the KL MALAYSIA TOURS Booking Platform. For the avoidance of doubt, once you have used the KL MALAYSIA TOURS Coupons on the KL MALAYSIA TOURS Booking Platform, such KL MALAYSIA TOURS Coupons will not be returned or refunded under any circumstances.

11.2.2 KL MALAYSIA TOURS Credits may be attained through the following means: (a) You may receive KL MALAYSIA TOURS Coupons through the KL MALAYSIA TOURS Referral Program, as further elaborated on in Clause 11; or (b) You may receive KL MALAYSIA TOURS Coupons by other authorized means as determined at KL MALAYSIA TOURS's sole discretion.

11.3 Abuse of Discounts:

11.3.1 In the event where it has come to KL MALAYSIA TOURS's attention that the KL MALAYSIA TOURS Credits or KL MALAYSIA TOURS Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by KL MALAYSIA TOURS, KL MALAYSIA TOURS reserves the right to the following: (a) Termination of your KL MALAYSIA TOURS Account with immediate effect; or (b) Cancelation of all KL MALAYSIA TOURS Credits or KL MALAYSIA TOURS Coupons as previously accrued; or (c) Refusal of the provision of the Services to you; or (d) Any other measures as deemed appropriate by KL MALAYSIA TOURS at its sole discretion.

12. KL MALAYSIA TOURS Referral Program

12.1 The Program:

12.1.1 On certain KL MALAYSIA TOURS Sites, KL MALAYSIA TOURS may offer members the chance to earn KL MALAYSIA TOURS Coupons when they invite friends to become members of a KL MALAYSIA TOURS Site and those friends make a confirmed booking through an authorized KL MALAYSIA TOURS invitation channel (“KL MALAYSIA TOURS Authorized Channel”) (e.g. an invitation sent through the KL MALAYSIA TOURS Platform, Facebook, or another social media channel as supported by KL MALAYSIA TOURS).

12.2 Terms:

12.2.1 You may only earn KL MALAYSIA TOURS Coupons via KL MALAYSIA TOURS's authorized member invite mechanisms. Referrals outside of KL MALAYSIA TOURS Authorized Channel will not result in any KL MALAYSIA TOURS Coupons. You understand that KL MALAYSIA TOURS Coupons are not transferable, may not be auctioned, bartered, or sold, and may not be pooled with other members.

12.2.2 You will only receive KL MALAYSIA TOURS Coupons for the first confirmed booking made by a friend who makes his or her first booking on the KL MALAYSIA TOURS Sites and subsequently completes his or her first booking as a result of an invite from you via a KL MALAYSIA TOURS Authorized Channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive KL MALAYSIA TOURS Coupons, and KL MALAYSIA TOURS will have no liability to you for your friend’s failure to follow directions.

12.2.3 You agree that having multiple KL MALAYSIA TOURS Accounts is a violation of this Terms of Use and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent the KL MALAYSIA TOURS Referral Program system may, without limiting any of KL MALAYSIA TOURS's other rights or remedies, result in forfeiture of your membership and all KL MALAYSIA TOURS Coupons in your KL MALAYSIA TOURS Account.

12.2.4 You must not conduct your promotion in connection with the KL MALAYSIA TOURS Referral Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of KL MALAYSIA TOURS, including the use of any trademarks of KL MALAYSIA TOURS.

12.2.5 KL MALAYSIA TOURS reserves the right to void referrals and KL MALAYSIA TOURS Coupons earned if it is suspected that the referrals or KL MALAYSIA TOURS Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by KL MALAYSIA TOURS.

12.2.6 KL MALAYSIA TOURS Coupons will be emailed to your designated email address within 24 hours of one of your qualifying invitees completing his or her confirmed booking on the KL MALAYSIA TOURS Platform.

12.2.7 KL MALAYSIA TOURS reserves the right to modify the values and rewards of the KL MALAYSIA TOURS Referral Program based on each user's activity.

12.2.8 KL MALAYSIA TOURS Referral Program is void where prohibited by law. KL MALAYSIA TOURS reserves the right to modify or terminate the KL MALAYSIA TOURS Referral Program at any time. Should there be any tax liability for the accumulation and/or use of KL MALAYSIA TOURS Coupons, such taxes are the sole responsibility of the participant. You understand that your KL MALAYSIA TOURS Account may not accurately reflect the KL MALAYSIA TOURS Coupons you have actually earned. KL MALAYSIA TOURS will have no liability for any errors displayed in your KL MALAYSIA TOURS Account.

13. Privacy Policy

13.1 Privacy Policy:

13.1.1 For KL MALAYSIA TOURS' policy relating to its use of your personal data, please review KL MALAYSIA TOURS' current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.

14. Indemnity

14.1 KL MALAYSIA TOURS' Indemnification:

14.1.1 You will indemnify and hold KL MALAYSIA TOURS, our holding companies, subsidiaries, affiliates, officers, directors, and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to the KL MALAYSIA TOURS Platform, use of the KL MALAYSIA TOURS Platform, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your KL MALAYSIA TOURS User ID.

14.2 KL MALAYSIA TOURS' Involvement:

14.2.1 KL MALAYSIA TOURS may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of KL MALAYSIA TOURS without KL MALAYSIA TOURS' prior written approval. KL MALAYSIA TOURS reserves the right, at its expense and upon notice to you, to assume exclusive defense and control of any claim or action.

15. Disclaimers and Limitation of Liability

15.1 Parties’ Relationship:

15.1.1 KL MALAYSIA TOURS has no special relationship with or fiduciary duty to you for accessing and using the KL MALAYSIA TOURS Platform and the Content. You acknowledge that KL MALAYSIA TOURS has no control over and no duty to take any action regarding: (a) which users gain access to this KL MALAYSIA TOURS Platform; (b) what content you access via the KL MALAYSIA TOURS Platform; (c) what effects the Content may have on you; (d) how you may interpret or use the Content; and (e) what actions you may take as a result of having been exposed to the Content.

15.2 Services and Comments:

15.2.1 You acknowledge and agree that the Operators may offer the Services on the KL MALAYSIA TOURS Platform, and that suggestions or recommendations may be given by the Operators or Users of the KL MALAYSIA TOURS Platform. KL MALAYSIA TOURS makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services or regarding suggestions or recommendations of the Services offered or purchased through the KL MALAYSIA TOURS Platform.

15.3 Exemption of Liability:

15.3.1 In no event will KL MALAYSIA TOURS, the KL MALAYSIA TOURS Platform, or any of KL MALAYSIA TOURS' holding companies, subsidiaries, affiliates, officers, directors, and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) this KL MALAYSIA TOURS Platform; or (b) this Terms of Use; or (c) any breach of this Terms of Use by you or a third party; or (d) use of the KL MALAYSIA TOURS Platform, tools, or Services we provide related to the business we operate on the KL MALAYSIA TOURS Platform by you or any third party; or (e) any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.

15.3.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) breach of contract; or (b) breach of warranty; or (c) strict liability; or (d) tort; or (e) negligence; or (f) any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.

15.3.3 This KL MALAYSIA TOURS Platform, including all content, software, functions, materials, and information made available on or accessed through the KL MALAYSIA TOURS Platform, is provided on an "as is" basis. To the fullest extent permissible by applicable law, KL MALAYSIA TOURS makes no representations or warranties of any kind, either express or implied, including but not limited to the content on the KL MALAYSIA TOURS Platform or the materials, information, and functions made accessible through the KL MALAYSIA TOURS Platform, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the KL MALAYSIA TOURS Platform or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.

15.3.4 You acknowledge and agree that any transmission to and from the KL MALAYSIA TOURS Platform is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to KL MALAYSIA TOURS and by posting information on the KL MALAYSIA TOURS Platform, including tours and/or activities, no confidential, fiduciary, contractually implied, or other relationship is created between you and KL MALAYSIA TOURS other than pursuant to this Terms of Use.

15.3.5 You acknowledge and agree that you will not hold or seek to hold KL MALAYSIA TOURS responsible for the content provided by any Operator or third party, and you further acknowledge and agree that KL MALAYSIA TOURS is not a party to any transaction in relation to the Services provided by any Operator or third party. KL MALAYSIA TOURS has no control over and does not guarantee the safety of any transaction, tours and/or activities, or the truth or accuracy of any listing or other content provided by any Operator or third party on the KL MALAYSIA TOURS Platform.

15.4 Remedies:

15.4.1 If you are dissatisfied with the KL MALAYSIA TOURS Platform, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against KL MALAYSIA TOURS or another user of the KL MALAYSIA TOURS Platform with respect to this Terms of Use or this KL MALAYSIA TOURS Platform, your sole and exclusive remedy against KL MALAYSIA TOURS is to discontinue use of the KL MALAYSIA TOURS Platform.

15.4.2 In any event, to the fullest extent permissible by applicable law, KL MALAYSIA TOURS' liability, and the liability of any member of KL MALAYSIA TOURS, to you or any third party in any circumstance arising out of or in connection with the KL MALAYSIA TOURS Platform is limited to the greater of: (a) the amount of fees you paid to KL MALAYSIA TOURS in the twelve months prior to the action giving rise to liability; or (b) Hong Kong Dollars 500.00 in the aggregate for all claims.

16. Interaction with Third Parties

16.1 Links to Third Party Websites:

16.1.1 This KL MALAYSIA TOURS Platform may contain links to third party websites or services ("Third Party Websites") that are not owned or controlled by KL MALAYSIA TOURS, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by KL MALAYSIA TOURS of such Third Party Websites or the information, products, advertising, or other materials available on those Third Party Websites.

16.1.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.

16.1.3 KL MALAYSIA TOURS has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, KL MALAYSIA TOURS will not and cannot monitor, verify, censor, or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold KL MALAYSIA TOURS harmless from any and all liability arising from your use of any Third Party Website.

16.1.4 Your interactions with organizations and/or individuals found on or through the Services, including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.

16.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

16.2 KL MALAYSIA TOURS' Responsibility:

16.2.1 You agree that KL MALAYSIA TOURS shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings. If there is a dispute between participants on this site or between users and any third party, you understand and agree that KL MALAYSIA TOURS is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release KL MALAYSIA TOURS, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.

17. Payment

17.1 In order to ensure adequate operational support for customers in respect of refunds and cancelations (where applicable), the following KL MALAYSIA TOURS entities shall be responsible for transactions conducted in the following currencies:

(a) in respect of transactions in SGD, KL MALAYSIA TOURS Travel Technology Pte Ltd;

(b) in respect of transactions in TWD, KL MALAYSIA TOURS Travel Taiwan Limited;

(c) in respect of transactions in MYR, KL MALAYSIA TOURS Technology Sdn. Bhd.;

(d) in respect of transactions in AUD/NZD, KL MALAYSIA TOURS Travel Technology (Australia) Pty Ltd;

(e) in respect of transactions in EUR/GBP/CHF/DKK/ISK/NOK/SEK/RUB, KL MALAYSIA TOURS Travel Technology B.V.; and

(f) in respect of transactions conducted in all other currencies, KL MALAYSIA TOURS Travel Technology Limited.

18. Termination

18.1 Termination by KL MALAYSIA TOURS:

18.1.1 This Terms of Use shall remain in full force and effect while you use KL MALAYSIA TOURS Platforms or the Services. KL MALAYSIA TOURS may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. KL MALAYSIA TOURS may also terminate or suspend any and all Services and access to the KL MALAYSIA TOURS Platform immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.

18.2 Effects of Termination:

18.2.1 Upon termination of your KL MALAYSIA TOURS Account, your right to use the Services, access the KL MALAYSIA TOURS Platform, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.

18.2.2 If this Terms of Use is terminated as a result of your breach, KL MALAYSIA TOURS reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.

19. Passports, Visas, Documents, Licenses & Insurances

19.1 Your Responsibilities:

19.1.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.

19.1.2 As visa and health requirements are subject to changes without notice, KL MALAYSIA TOURS recommends that you verify health and visa requirements with the appropriate consulate prior to departure.

19.1.3 You acknowledge that some Operators may require you to adhere to local policies and furnish the necessary documents and/or licenses as a prerequisite to using and/or participating in the Services they offer.

19.1.4 KL MALAYSIA TOURS strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.

20. Governing Law

20.1 This Terms of Use shall be governed by the laws of Hong Kong Special Administrative Region of the Peoples Republic of China. You agree to submit to the non-exclusive jurisdiction of the Hong Kong court.

21. Miscellaneous

21.1 Severability:

21.1.1 If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.

21.2 Assignment:

21.2.1 This Terms of Use is not assignable, transferable, or sub-licensable by you except with KL MALAYSIA TOURS' prior written consent. KL MALAYSIA TOURS may transfer, assign, or delegate this Terms of Use and its rights and obligations without prior notice to you.

21.3 The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.

22. Contact

22.1 Please contact KL MALAYSIA TOURS at sales@barytours.com to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.

Last updated on 17 Jun 2023.

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