Terms and Conditions

WHYNET HUNTER SDN BHD, PROVIDES THIS WEB SITE OR APPLICATION (THE “SITE”) TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE “TERMS”). THROUGHOUT THE SITE, THE TERMS “WE”, “US” AND “OUR” REFER TO WHYNET HUNTER SDN BHD. “MEMBERS” REFER TO GENERAL REGISTERED USERS CALLED “MEMBERS”. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE TERMS, DO NOT USE THIS SITE.

These Terms do not alter in any way the terms or conditions of any other agreement you may have with Whynet Hunter Sdn Bhd or its affiliates for products, services or otherwise. Whynet Hunter Sdn Bhd reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, you must stop using the Site.

 

Eligibility

You must be eighteen (18) or over to register as a Member and/or use the Site and/or the Service. Membership in the Service is void where prohibited. By using the Site and/or the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. Your Membership may be terminated without warning and you may be barred from any future use of the Site and/or the Service if you provide any information that is untrue, inaccurate, not current, or incomplete, including but not limited to misrepresenting your age, or if Whynet Hunter Sdn Bhd has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Your Membership is solely for your personal use, and you agree not to authorize others to use your Membership account, including but not limited to your profile. You are solely responsible for all content published or displayed through your Membership account, including but not limited to e-mail messages, and for your interactions with other Members. Whynet Hunter Sdn Bhd reserves the right to refuse or revoke Membership to anyone at any time for any reason resulting in the loss of ownership for said member.

 

Ownership and Copyright

Except as otherwise indicated, the Site, and all text, images, marks, logos and other content contained herein, including, without limitation, the Whynet Hunter Sdn Bhd logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Content”) are the proprietary property of Whynet Hunter Sdn Bhd. Hence, the use of any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the site or any site Content is prohibited.

 

Trademarks

Whynet Hunter Sdn Bhd logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Whynet Hunter Sdn Bhd, and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Whynet Hunter Sdn Bhd or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Whynet Hunter Sdn Bhd and may not be copied, imitated or used, in whole or in part, without the prior written permission of Whynet Hunter Sdn Bhd. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Whynet Hunter Sdn Bhd.

 

Tour and Tour Guide usage

Whynet Hunter Sdn Bhd assumes no responsibility for incorrect information collected from any of the tours or tour guides registered on the Site, any delay, changes in his/her schedule, strikes, injury, weather, fire, theft, quarantine, medical or customs regulations and similar act or incident beyond its ability to control. Whynet Hunter Sdn Bhd is not responsible for any arrangements made between you and the tour and tour guide in the country you visit.

 

Booking and Payment

The booking of a tour or tour guide is confirmed after full payment is made and after we issue you a booking number and/or the Itinerary. Once confirmed, the booking cannot be cancelled and payments made are not refundable. Unless you cancel your booking 4 days prior to the start of your reservation. Terms and Condition will be applied.

You hereby acknowledge and agree that your personal data has been given to us for the purposes of making bookings for tours and providing you with confirmation of that booking, providing and developing ancillary services and facilities, facilitating immigration and entry procedures, accounting, billing and auditing, checking credit or other payment cards, security, administrative and legal purposes, credit card issuance, systems testing, maintenance and development, statistical analysis, and helping us in any future dealings with you.

 

Refund Policy

You can cancel your booking until 4 days before your reservation starts but a service charge will be applied. After that time, no cancellations, changes or refunds will be made. Please check the selected bookings information carefully before checkout. Duplicate transactions are also not refundable because duplicate transactions block other customers from booking. There will be no refund for any partly used services.

 

Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Whynet Hunter Sdn Bhd or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Whynet Hunter Sdn Bhd logo or other proprietary graphic of Whynet Hunter Sdn Bhd to link to the Site without the express written permission of Whynet Hunter Sdn Bhd. Further, you may not use, frame or utilize framing techniques to enclose any Whynet Hunter Sdn Bhd trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Whynet Hunter Sdn Bhd’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any trademark, copyright or proprietary right of Whynet Hunter Sdn Bhd or any third party. Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark, copyright or other proprietary right of Whynet Hunter Sdn Bhd or any third party without the prior written permission of Whynet Hunter Sdn Bhd or such other party that may own such trademark, copyright or other proprietary right(s).

 

Content posted on Whynet Hunter Sdn Bhd

(a) You understand and agree that Whynet Hunter Sdn Bhd may review, modify, or delete, without notice any data, text, software, music, sound, message, photograph, graphic, image, video, profile, blog, review, information, comment, work of authorship, or other material or expression (collectively, “Content”), whether posted publicly or posted privately to other Members, that in the sole judgment of Whynet Hunter Sdn Bhd violates these Terms might be offensive, indecent, or illegal, or might harm, violate the rights, or threaten the safety of any person. Whynet Hunter Sdn Bhd is the final arbiter of what is and is not allowed on the Site.

(b) You are solely responsible for the Content that you publish, transmit, upload, communicate, or display on the Site and/or through the Service, whether posted publicly or posted privately to other Members. You understand that Whynet Hunter Sdn Bhd has no obligation to monitor the Site, or monitor, control or edit the Content thereon, or monitor any use of the Service by Members, or remove inappropriate Content. Whynet Hunter Sdn Bhd is not responsible in any way for the Content posted by Members on any area of the Site, including but not limited to Profiles, Passion Groups, Reviews, Blogs, Albums, and messages, or otherwise posted through the Service. By posting Content on the Site and/or through the Service, you agree to bear all risks associated with the accuracy and completeness of such Content.

(c) If you post Content to any public area of Whynet Hunter Sdn Bhd, you automatically grant to Whynet Hunter Sdn Bhd an irrevocable, perpetual, non-exclusive, royalty-free worldwide license to use, reproduce, publicly perform, display, modify, adapt, distribute, access, view, store, prepare derivative works of, incorporate into other works, and/or otherwise exploit such content, or any part thereof, including but not limited to any copyrighted material, and your name, image, and likeness, for any purpose and in any form, media, or technology now known or later developed, including but not limited to featuring such Content, name, image, or likeness on the Site, or in any marketing, promotional materials or advertisements for Whynet Hunter Sdn Bhd, and to grant and authorize sublicenses of the foregoing (the “License”). You further agree to permit anyone to access, display, view, store and reproduce such Content for personal use. By posting any information about or photographs or images of yourself on the Site and/or through the Service, you thereby waive any rights of privacy or publicity to such information, photographs, or images.

(d) You further represent and warrant that:
(i) You exclusively and irrevocably own the Content posted by you on the Site and/or through the Service or otherwise have the right to grant the License set forth in this section; and
(ii) any Content posted by you on the Site and/or through the Service does not violate or infringe the privacy rights, copyright, trademarks, moral rights or other intellectual property rights, or proprietary rights of any person or entity. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of any Content that you post on the Site and/or through the Service.

(e) The following is a partial list of the kind of Content that you are prohibited from posting on the Site and/or through the Service. Whynet Hunter Sdn Bhd reserves the right to investigate and take appropriate legal action against anyone who, in Whynet Hunter Sdn Bhd’s sole discretion, violates this provision, including but not limited to removing the offending Content from the Site and terminating the Membership of such violators. Prohibited Content includes but is not limited to Content that, in Whynet Hunter Sdn Bhd’s sole discretion:
(i) is vulgar, profane, abusive or indecent;
(ii) contains nudity, violence, or offensive subject matter;
(iii) is patently offensive to the online community, including but not limited to Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or cruelty to animals;
(iv) exploits people in a sexual or violent manner;
(v) threatens, harasses, or advocates harassment of another person;
(vi) invades another person’s privacy;
(vii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing or “spamming;”
(viii) promotes illegal or unauthorized copying of another person’s or entity’s copyrighted work, including but not limited to providing pirated computer programs or links thereto, providing information to circumvent manufacture-installed copy-protect devices or digital rights management software, or providing pirated music or videos or links thereto;
(ix) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page of the Site);
(x) exploits people under the age of eighteen (18) in a sexual, violent, or otherwise objectionable manner, or solicits personal information from anyone under the age of eighteen (18);
(xi) involves pornographic or sexually explicit material of any kind, including but not limited to sexually suggestive imagery or language; or
(xii) promotes, furthers, or provides instructional information about illegal activities, including but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.

Notwithstanding the prohibition on the content listed above, you might become exposed to such information or material, in which event, you agree to hold harmless and covenant not to sue Whynet Hunter Sdn Bhd for any such exposure and any injuries based thereon.

(f) Whynet Hunter Sdn Bhd reserves the right to disclose any Content posted on the Site and/or through the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request. Advertisements and Promotions

Whynet Hunter Sdn Bhd may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Whynet Hunter Sdn Bhd, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Whynet Hunter Sdn Bhd is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site. Copyright Complaints

If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records.

 

Member Disputes

You are solely responsible for your interactions with other Whynet Hunter Sdn Bhd Members and tour guides. Whynet Hunter Sdn Bhd reserves the right, but has no obligation, to monitor disputes between you and other Members and take appropriate action if Whynet Hunter Sdn Bhd, in its sole discretion, finds any violation of these Terms or other improper conduct.

 

Disclaimer and Limitation of Liability

You agree that your use of the Whynet Hunter Sdn Bhd Site shall be at your sole risk. To the fullest extent permitted by law, Whynet Hunter Sdn Bhd, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Site and your use thereof. Whynet Hunter Sdn Bhd makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for:

(a) errors, mistakes, or inaccuracies in Content;
(b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site and tour guides;
(c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein;
(d) any interruption or cessation of transmission to or from our Site;
(e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our Site by any third party;
(f) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Whynet Hunter Sdn Bhd Site; or
(g) any product or service advertised or offered by a third party through the Whynet Hunter Sdn Bhd Site or any hyperlinked Site or featured in any banner or other advertising, and Whynet Hunter Sdn Bhd will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

The foregoing limitation of liability shall apply to the fullest extent permitted by law in each applicable jurisdiction. You specifically acknowledge that Whynet Hunter Sdn Bhd shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. Whynet Hunter Sdn Bhd makes no representations that the Whynet Hunter Sdn Bhd Site is appropriate or available for use in any particular location. Those who access or use the Whynet Hunter Sdn Bhd Site are responsible for compliance with local law.
Under no circumstances, including but not limited to any act or omission on the part of Whynet Hunter Sdn Bhd, will Whynet Hunter Sdn Bhd be liable for any indirect, incidental, special and/or consequential damages whatsoever which result from any use or access of, or any inability to use or access, this Site or its content, including but not limited to any dealings with the tour guides.

 

Indemnity

You agree to defend, indemnify and hold harmless Whynet Hunter Sdn Bhd, its parent or related corporations, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) Your use of and access to the Whynet Hunter Sdn Bhd Site;
(b) Your use of the Whynet Hunter Sdn Bhd Service.
(c) Your violation of Terms;
(d) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(e) Any claim that one of your User Submissions caused damage to a third party; or
(f) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site or tour guides.

 

Severability

If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

Questions and Comments

If you have any questions regarding these Terms or your use of the Site, please submit them to us via contact Whynet Hunter Sdn Bhd.

 

Governing Law

These Terms and Conditions of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 13A16, Floor 13A, Lobby 3, Block A, Damansara Intan, No. 1, Jalan SS20/27, 47400 Petaling Jaya, Selangor, Malaysia.

 

Changes To Terms And Conditions Of Use

You can review the most current version of the Terms and Conditions of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Use by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or the Service following the posting of any changes to these Terms and Conditions of Use constitutes acceptance of those changes.

 

Contact Information

Questions about the Terms and Conditions of Use should be sent to us at support@whynet.com.my.