(a) In these terms and conditions (the Terms and Conditions), “we”, “our” or “us” means TourismPenang.net.my.
(b) Please read the Terms and Conditions carefully as they apply to your use of the internet site www.TourismPenang.net.my (the Site). By using the Site you agree to be bound by the Terms and Conditions including those revisions referred to in (c).
(c) We may revise the Terms and Conditions from time to time by updating this posting. The revised terms will take effect when they are posted.
(d) Your use of some parts or features of the Site may be governed by additional terms and conditions. Where this is the case you will be notified accordingly, and those additional terms and conditions:
(i) will apply to your use of such parts or features of the Site in addition to these terms and conditions; and
(ii) will prevail over the Terms and Conditions to the extent of any inconsistency.
2 Intellectual Property Rights
(a) You acknowledge that the content on the Site is subject to copyright, trade mark and possibly other intellectual property rights. In these Terms and Conditions, “content” means anything that you may see, read, hear, download or access on or via the Site (including but not limited to messages, files, data, software, images, artwork, design, photographs, illustrations, text, music, songs and other materials or subject-matter on the Site).
(b) Unless you are expressly authorised by us, or otherwise by law, you must not do any of the following yourself, or permit or authorise any other person to:
(i) sell, reproduce, publish, distribute, communicate to the public (e.g. by making available online or electronically transmitting) modify, display, perform in public, prepare derivative works based on or make an adaptation of, repost or otherwise use any of the content (or any readily identifiable portion of the content) in any way without our prior written consent; or
(ii) otherwise infringe the intellectual property rights of any person in using the Site or any content.
(c) Nothing you do on or in relation to the Site will transfer any intellectual property rights to you or license to you any intellectual property rights unless this is expressly stated.
(d) You agree that TourismPenang.net.my owns the copyright and trade marks in the marketing logo “Tourism Penang”, the domain name TourismPenang.net.my, the advertising tag line(s) appearing in TourismPenang.net.my advertisements on the Site. All other trade marks appearing on our Site are the property of their respective owners.
3 Content of the Site
(a) We attempt to keep the content of the Site up to date. However, we do not warrant the accuracy or currency of the content
(b) You acknowledge that the content on the Site is subject to change at any time.
(c) All prices quoted on the Site are in Ringgit Malaysia, unless otherwise indicated.
(d) Prices quoted on the Site should be used as a guide only as they may change from time to time.
(e) Some of the content on the Site, including articles, sponsorships and promotions, constitutes paid advertising (Sponsored Content). This means that TourismPenang.net.my may have received a payment or other benefit in return for publishing or disseminating the Sponsored Content on the Site. TourismPenang.net.my does not verify, endorse or otherwise approve Sponsored Content.
4 Your Use of the Site
(a) You must not:
(i) use the Site without the authority and supervision of a parent or guardian, if you have not reached the age of majority under any Applicable Law;
(ii) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
(iii) reproduce any content from our Site without our express written permission, which we may withhold or grant (on terms acceptable to us), in our absolute discretion;
(iv) violate any applicable law relating to your use of the Site; or
(v) use or disseminate personal data or private information about other users of the Site.
(b) In the Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
(i) any law, rule or regulation of any country (or political sub-division of a country);
(ii) any obligation under any licence in any country (or political sub-division of a country); and
(iii) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
5 Links, Downloads, Plug-ins, Features and Advertisements
(a) We have not reviewed all of the websites, downloads, plug-ins, features or advertisements linked to this Site and are not responsible for the content or accuracy of any such off-site materials, including any websites linked to this Site through advertisements or search engines (collectively, Third Party Material). The linking of our Site to any Third Party Material does not imply that we endorse the linked material, and you use the links at your own risk. We do not accept any responsibility or liability for any claims, losses, costs, expenses or damages of any kind (including legal fees) arising out of your use of these links or of the descriptions or information supplied there.
(b) Your correspondence or dealings with, or participation in promotions or business of, advertisers on the Site are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of advertisements on the Site.
7 Use of the Site Is At Your Own Risk – Disclaimer of Liability
(a) Your use of the Site is at your own risk. You must not rely on any statement published on or linked to the Site without first making your own enquiries to verify the information.
(b) We exclude all warranties and liability to the fullest extent permissible under any Applicable Law. If a jurisdiction does not allow the exclusion of implied warranties or liability but does allow limitation to a certain maximum extent, then we limit our warranties and liability to that extent.
(c) To the extent permitted by law, all information on or linked to on the Site is provided “as is” and “as available” without any warranty or representation regarding condition, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, safety, quality, freedom from defects or non-infringement.
(d) To the extent permitted by law, we do not accept any responsibility or liability for:
(i) any statement in the material on or linked to the Site; or
(ii) any direct, indirect, incidental or consequential loss related to or arising from your doing, or not doing, anything as a result of using (or being unable to use) the Site and its content. This includes any claims, losses, costs, expenses or damages of any kind whatsoever (including legal fees) incurred by you or by any third party, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
8 General Provisions
(a) If any part of the Terms and Conditions is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) The Terms and Conditions, and the use of the Site and any contents thereof, are in all respects governed by and according to the laws of Malaysia. By using the Site, you irrevocably agree to submit to the exclusive jurisdiction of the courts of Malaysia, for the resolution of any dispute of any kind whatsoever, including without limitation any dispute arising out of the interpretation or application of the Terms and Conditions, or your use of the Site or any material contained therein, or accessed thereby.
Last updated: August 2009