Terms & Conditions
FROM TIME TO TIME, WE MAY NEED TO REVISE THESE TERMS AND CONDITIONS, IN WHICH CASE WE WILL POST THE REVISED TERMS AND CONDITIONS ON THIS WEBSITE. IF YOU CHOOSE TO CONTINUE USING THIS WEBSITE AFTER ANY REVISION TO THESE TERMS AND CONDITIONS, YOU SHALL BE DEEMED TO HAVE ACCEPTED THE REVISED TERMS AND CONDITIONS ACCORDINGLY.
SOTA is a technology platform provider that enables travel suppliers such as travel agents, tour operators, and hotels ("Travel Suppliers") to list their travel product offerings ("Travel Packages") through the Website and on other third party e-market places such as Tourism Malaysia, MATTA.Travel, STAR Media ("Partner Websites") to provide you the access and convenience of finding the Travel Packages online ("Services").
You acknowledge that the Content that we disclose is based on the information provided to us by the Travel Suppliers and does not constitute an opinion or advice, nor is it a substitute for the same. The Content is provided solely to assist you with purchasing the Packages for your travelling needs and facilitate the transaction between you and the Travel Suppliers. "Content" means any text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available or otherwise found through the Website and/or the Services. Your use of the Content is solely at your own risk.
We may, but have no obligation to have Content posted through the Website reviewed by our editorial personnel. It is important to note, however, that the timeliness, quality, legality, accuracy, and completeness of any or all of the Content are not guaranteed. We will not be responsible for any errors or omissions or for the results obtained from the use of such Content. Each Travel Supplier remains responsible at all times for the quality, legality, accuracy, completeness and correctness of the Content (including the rates and availability) displayed on the Website and/or the Services.
3. VERIFICATION OF TRAVEL SUPPLIER
Travel Suppliers who apply to use SOTA undergo a verification process prior to being accepted as a registered user of the Website. Part of this verification process includes having a valid business registration, travel agent or travel operator licence and/or endorsed by the national travel associations(s) of their country of registration.
The Travel Suppliers who apply to use SOTA are to immediately inform SOTA of events affecting their ability to perform their commitments, warranties, representations and obligations towards you or the potential risk of such events.
In the event the Travel Supplier is found to abuse the Website for purposes of intended fraud, cheating or scam, SOTA will take appropriate action to suspend the relevant Travel Supplier from further trading on the Website and the Partner Websites upon such discovery. For the avoidance of doubt, SOTA does not guarantee the due performance of the Travel Suppliers of all their commitments, warranties, representations and obligations towards you. SOTA shall not in any way be held liable in the event of a failure of performance, observance and compliance of any commitments, warranties, representations and obligations of the Travel Suppliers (including any non-compliance of the law or statutory regulations).
4. USE OF SERVICES AND WEBSITES
SOTA grants you a limited right to use the Services and Website in accordance with the terms and conditions of this Agreement. The Services and the content provided in the Website, including the text, graphics, button icons, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of SOTA, and/or its third party providers and distributors, except that you may download, display and print the materials presented on the Services and Website for your personal, non-commercial use only. You agree that you will not (a) use any "robot," "spider" or other automatic device, or a programme, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the data or content found on the Services and Website, in any case without the prior written permission of SOTA; (b) transmit or otherwise transfer any data or content found on the Services and Website to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services and Website; (d) take any action that imposes a burden or load on our infrastructure that SOTA deems in its sole discretion to be unreasonable or disproportionate to the benefits SOTA obtains from your use of the Services and Website; (f) post unsolicited advertising or promotional material.
Unauthorised use of the Services, Website, Content and/or other materials contained in the Services and Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from such posting or transmission of information.
5. AGE AND RESPONSIBILITY
If you use the Services, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Services and to create binding legal obligations for any liability you may incur as a result of the use of the Services. You understand that you are financially responsible for all uses of the Services by you and those using your login information.
6. YOUR PERSONAL INFORMATION
We collect and process your personal data in accordance with the personal data protection notice at SOTA.travel and you hereby consent to the processing of your personal data in accordance with the said notice.
7. LINKS TO OTHER SITES
The Website and/or the Services may contain links to other websites ("Linked Websites"). Such links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with the Linked Websites. The Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those Linked Websites, or of any information, graphics, materials, products or services referred to or contained on those Linked Websites, unless and to the extent stipulated to the contrary.
It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Services and/or the Website, which may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Services.
Support service is delivered within support response time by telephone or mail depending on the problem and urgency. Support service is only available during SOTA standard working hours from Monday to Friday, 9.00am to 6.00pm (GMT +08:00), excluding weekends and observed Malaysian Holidays.
The Services, and each of its modules, together with the arrangement and compilation of the content found on the Services, is the copyrighted property of SOTA and/or its various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on the Services (collectively, the "Trademarks") are registered and common law Trademarks of SOTA, its affiliates, and various third parties. Nothing contained on the Services should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of SOTA, or such other party that may own the Trademarks.
You shall defend and indemnify SOTA and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, arising out of your access or use of the Services, Website and Content. You will also indemnify us against any claims that information or material which you have submitted to us via the Services is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, breach of confidence, infringement of copyright or infringement of other intellectual property right).
SOTA is not a provider of Travel Packages. The Services and Website are provided "as is" and without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. We, our parent, subsidiaries, related entities, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law. SOTA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Website or in downloading of any materials, data, text or images from the Website.
SOTA is not responsible for the fulfilment and any loss arising from the non-fulfilment of purchases made on the Website. If you wish to make a complaint or claim for compensation, you are advised to take up the matter directly with the relevant Travel Supplier.
Notwithstanding anything contained in these terms and conditions, if you are dealing as a Consumer (hereinafter defined) under the Consumer Protection Act 1999 ("Act"):
(a) SOTA gives you such implied warranties under the Act that cannot be excluded by the Act;
(b) this Agreement is only intended to exclude or limit the rights and remedies you may have to the maximum extent permitted by law and the Act; and
(c) nothing in this Agreement is intended to exclude or limit SOTA's liability to you for any loss or damage arising from the (i) negligence on the part of SOTA or (ii) breach of any express terms contained herein or implied by the Act which cannot be excluded without adequate justification.
"Consumer" shall have the meaning prescribed to it by the Act and it means a person who (a) acquires or uses products or services of a kind ordinarily acquired for personal, domestic or household purpose, use or consumption; and (b) does not acquire or use the products or services, or hold himself out as acquiring or using the products or services, primarily for the purpose of- (i) resupplying them in trade; (ii) consuming them in the course of a manufacturing process; or (iii) in the case of products, repairing or treating, in trade, other products or fixtures on land.
12. LIMITATION OF LIABILITY
SOTA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Services and/ Website or in downloading of any materials, data, text or images from the Services and/or Website.
Except in the case of death or personal injury resulting from negligence, in no event shall we, our parent, subsidiaries, employees or our suppliers be liable for any special, exemplary, punitive, indirect, incidental or consequential damages of any kind whether based in contract, tort, strict liability, or otherwise, arising out of in connection with the Website, the Services, the Content or this Agreement. These exclusions apply to any claims for loss of profits, loss of data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses even if we knew or should have known of the possibility of such damages.
If, notwithstanding the foregoing, we, our parent company, subsidiaries, employees or our suppliers is found liable for any loss or damage which arises out of or is in any way connected with the Website, the Services, the Content or this Agreement, the liability of SOTA, its parent company, subsidiaries, employees or its suppliers shall in no event exceed, in the aggregate, the greater of (a) Fees paid by you for the twelve (12) months period immediately preceding the date the cause of action arose, or (b) US$100.00.
SOTA may terminate and/or suspend your account, the provision of any of the Services or this Agreement at any time for any reason, including any improper use of the Services or your failure to comply with these terms and conditions. Such termination shall not affect any rights that are available to SOTA, its third party providers and distributors at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to SOTA and its third party providers or distributors, as applicable.
14. GOVERNING LAW
This Agreement and its performance shall be governed by the laws of Malaysia. You consent and submit to the exclusive jurisdiction of the courts of Malaysia, in all questions and controversies arising out of this Agreement, your use of the Services and/or the Website.
15. SOLICITOR'S FEES
If SOTA or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary solicitor's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
16. INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to SOTA as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that SOTA shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by SOTA in obtaining such an injunction, including, without limitation, reasonable solicitor's fees. You agree that no bond or other security shall be required in connection with such injunction.
You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
20. ENTIRE AGREEMENT
This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Services and/or Website.