Etravel.my provides travel related services (“Services“) operated by Myinfo Asia Pte Ltd and/or its subsidiaries, affiliates or associated companies in various countries (“Etravel”).
Use of Services Conditioned on Acceptance of these Terms and Conditions
The Services are offered to you conditioned on your acceptance without modification of these terms of service (“Terms”). Your access, use of the Services and any content made available through the Services constitutes your agreement to these Terms.
1. Limitations on Use
You agree that you will use the Services solely for your own personal, non-commercial, lawful purposes, and in accordance with these Terms. You will only use the Services to make legitimate inquiries, reservations or purchases, and not for any purpose that is unlawful or prohibited by these Terms, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. You further agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services and will not send automated queries of any sort to the Services.
Etravel reserves the right to modify or terminate the Services from time to time, for any reason, and without notice, without liability to you, any other user or any third party. Etravel reserves the right to change these Terms in the future and asks that you review these Terms from time to time so that you will be aware of any changes. A copy of the current Terms will be readily accessible at our web site at www.etravel.my. Your continued use of the Services following any change will be subject to the Terms in effect at the time of your use. Except as expressly described in this Section 2, you and Etravel can only modify these Terms in a written document signed or otherwise accepted by you and by us.
4. User Account
You may choose to create an account with etravel.my and provide certain data. In consideration of etravel permitting you to use the site, in providing such data, you represent and warrant that the information about yourself is true, accurate, current and complete. You are responsible for maintaining the confidentiality of the password and user ID of your account, and are fully responsible for all activities that occur under your password or user ID. Your account is for your own use only. You may not permit others to use your passwords. You agree to (a) immediately notify Etravel of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Etravel cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
5. Disclaimer of Warranty
THE SERVICES ARE PROVIDED BY ETRAVEL “AS IS” AND YOU USE THEM AT YOUR SOLE RISK. ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ETRAVEL DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. Some jurisdictions do not allow the disclaimer of warranties. In such jurisdictions, the foregoing disclaimers shall apply to the fullest extent permitted by law.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL ETRAVEL OR ITS AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF ETRAVEL OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY WILL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, MALFUNCTION, OR TERMINATION OF THE SERVICES. THIS LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS DISPLAYED THROUGH THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICES. SUCH LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW AND EVEN IF ETRAVEL OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of liability for incidental damages, consequential damages, or intentional conduct, so the above limitations and exclusions may not apply to you. In such jurisdictions, the foregoing limitations shall apply to the fullest extent permitted by law. IN NO EVENT SHALL ETRAVEL’S LIABILITY TO YOU EXCEED $100 IN TOTAL FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, (EVEN IF ETRAVEL OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
You agree to defend and indemnify Etravel, its subsidiaries, affiliates, and associated companies and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (a) your breach of these Terms; (b) your violation of any law or the rights of a third party; or (c) your use of the Services.
8. Trademark Notices
Etravel’s logo(s) and slogan(s) are trademarks of Etravel. Other product and company names mentioned herein may be the trademarks of their respective owners. Unauthorized use of the Services and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws.
9. Third-party Providers and Sites
9.1 The third parties offering travel product options, or products or services that are accessible or bookable through the Services are independent contractors and are not agents or employees of Etravel or its subsidiaries, associated companies or affiliates.
9.2 You understand the mere fact that the Services displays travel product options, or offer the sale of products or services of certain third parties does not in any way imply, suggest, or constitute any sponsorship or approval by Etravel of any such provider or any affiliation between any such provider and Etravel. Unless otherwise expressly stated, Etravel’s display of specific options does not suggest a recommendation by Etravel of the providers or their travel options, products or services.
9.3 You agree that Etravel is in no way responsible for the accuracy, timeliness or completeness of information it may obtain on your behalf from these travel product providers or travel deal providers.
9.4 You have to transact with and make payment directly to third party travel service providers or their agents which are displayed by the Services. Your interaction with any travel product provider accessed through the Services is at your own risk and may be based on terms and conditions imposed independently of Etravel by such third parties, and Etravel shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such suppliers or for any personal injuries, death, property damage, or other damages or expenses resulting there from.
9.5 Furthermore, the Etravel owned or branded websites and the Services contain hyperlinks to websites operated by parties other than Etravel. Etravel does not control such websites and is not responsible for their contents. Etravel also does not control the contents of or information published by any third party travel deal provider. Etravel’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.