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TERM OF USE
The following are the contractual provisions which govern your rights and obligations to use eTiqket and Tiqket and its mobile application – including but not limited to www.etiqket.com and www.tiqket.co ( website ), and your event tickets purchase, your purchase, possession or usage of our solution, platform, software, products and services.
By continuing past this page, you agree to our Terms and Conditions, you signify your agreement to be bound by all of the provisions contained in this document ( User Agreement or Contract)These Terms apply to all visitors, users and others who wish to access or use the Website and Mobile Application. By using and/or visiting the Website or Mobile Application, you represent that you have read, understand, and agree to this Agreement If you do not agree to be bound by these terms and conditions, you may not use or access our Services.
You should print a copy of these terms and conditions for future reference.
NOTICE REGARDING FUTURE CHANGES TO TERMS:
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING
These Terms contain an arbitration agreement and class action waiver, whereby you agree that any dispute or claim relating in any way to your use of the Site, or products or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration, rather than in court, and you waive your right to participate in a class-action lawsuit or class-wide arbitration. We explain this agreement and waiver, along with some limited exceptions Section 31 as below.
Please note that while some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 21 years old.
You must be 21 years old or older to make a purchase through this site. By initiating or completing a purchase through this site, you are representing that you are 21 years old or older and the information you are entering on this site is that of someone who is 21 years old or older. Each ticket the Ticket Buyer purchases is for the purpose of entrance access to a particular event at a night club, bar, theatre, performing art centre, conference, religious organisation, school, tour, festival or sporting event (“Venue”) that is separate from eTiqket. eTiqket is not responsible for anything that may occur or happen at a Venue. The Ticket Buyer may also be subject to additional terms and conditions required by each particular Venue, and each Ticket Buyer should request, locate and familiarise themselves with the policies of any Venue at which they may attend an event or performance.
eTiqket IS ONLY AN TICKETING SERVICE PROVIDER FOR THE EVENT PROMOTER eTiqket Tickets acts as a booking platform system for the person or venue that is promoting or hosting the event for which you purchase tickets (“Event Provider” or “Promoter”). When you purchase a ticket for an event eTiqket will accept payment from you on behalf of the Event Provider. Any tickets you purchase will be sent to you from Malaysia, regardless of where you are when you place your order over the Internet. You agree that all ticket sales will be deemed to take place in Malaysia regardless of where you may be when you transmit your order through the World Wide Web.
TICKET PRICES AND OTHER CHARGES Ticket Prices are set by the Promoter, not by eTiqket. eTiqket has no control over ticket prices, the number of seats available or the like.
- INFORMATION ABOUT US
www.etiqket.com and www.tiqket.co is a site operated by Hosplanet Sdn Bhd (“us”, “we”, or “our”). We are a private limited company incorporated in Malaysia and the owner of the copyright for eTiqket™ and Tiqket™.
- PRODUCT AND SERVICE AVAILABILITY
Presently, our site is only intended for use by people resident in Malaysia. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside Malaysia, you do so at your own risk. We do accept the purchase of tickets or orders from all over the global. Some restrictions are placed on the extent to which we accept orders from specific countries. You hereby irrevocably agree that Our Websites and the Products and Services provided on Our Websites, or any of them, are provided on an “AS IS”, on an “AS AVAILABLE”, and on a ‘WITH ALL FAULTS ACCEPTED' basis. We make and give no representations, warranty or conditions, whether statutory, express or implied, that the Products and Services shall be free of defects and / or faults. To the maximum extent permitted by law, We provide no warranties (statutory, express or implied) of fitness for a particular purpose, the accuracy of the information, compatibility, reliability or satisfactory quality. eTiqket accepts no liability for any disruption or non-availability of Our Websites, or of its Products and Services resulting from external causes, including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, force majeure events, acts of war or legal restrictions and censorship.
- OUR STATUS
- Please note that in some or most cases, we do accept ticket orders as agents on behalf of third party event organiser/promotor/host. The resulting legal contract is between you and that event organiser, and is subject to the terms and conditions of that third party supplier, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction. These terms and conditions will govern any decisions on cancellation, exchanges and refunds. The third-party supplier may enforce these terms and conditions in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999.
- We may provide links or logos on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that Tickets you purchase from third party supplier through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party supplier. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party supplier.
- YOUR OBLIGATION
You represent and warrant that the Tickets are purchased for personal use only, and that they have not been purchased as part of any form of business or commercial activity and in particular, that the Tickets may not be resold or offered for resale by anyone whether at a premium or for any other trade purposes. Resale or the attempted resale of the Tickets is grounds for seizure or cancellation of the ticket without refund or compensation.
It is your responsibility:
- a) for checking your ticket details, mistakes cannot always be rectified;
- b) for any loss, theft or damage to your Tickets after delivered;
- c) to ascertain whether an event, performance or activity has been cancelled and the date and/or time rearranged. If the event, performance or activity is cancelled you will be offered Tickets for the rescheduled time and date. We will use reasonable endeavors to inform you of any cancellation once we have received notification of the same from the third party supplier;
- d) to arrive at the event on time. Every effort will be made to admit latecomers, but admission cannot always be guaranteed.
- e) to comply with all relevant statutes, venue regulations including age restrictions and safety announcements while attending the event, performance or activity.
The venue and/or third-party supplier reserves the right to refuse admission if in its reasonable opinion, your admission to the venue might be a risk to:
- a) the safety of the audience and/or yourself;
- b) affect the enjoyment of the member of the audience; and/or
- c) affect the running of the event, performance or activity, for example, if you act aggressively and/or appear to be under the influence of alcohol and/or drugs.
Should this occur, you will not be entitled to a refund.
Unauthorised use of photographic and recording equipment at any of the events, performances or activities is prohibited, and any tapes or films may be destroyed.
Laser pens, mobile phones, dogs, animal pets and your own food and drink may also be prohibited.
We, The venue, third party suppliers have no responsibility for any personal property.
You will consent to the filming and/or sound recording of any event, performance or activity as a member of the audience.
- SUBSCRIPTION TO EVALUATIONS, TRIALS & BETA SERVICES
We may offer certain Services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that eTiqket will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
We may offer certain eTiqket Products and Services (including some eTiqket Apps) to you at no charge, including free accounts, trial use and Beta Versions as defined below (collectively, “No-Charge Products”). Your use of No-Charge Products is subject to any additional terms that we specify and is only permitted during the Subscription Term we designate (or, if not designated, until terminated in accordance with these Terms). Except as otherwise set forth in this Section 5, the terms and conditions of these Terms governing eTiqket Products and Services, fully apply to No-Charge Products. We may modify or terminate your right to use No-Charge Products at any time and for any reason in our sole discretion, without liability to you. You understand that any pre-release and beta eTiqket Products and Services, and any pre-release and beta features within generally available eTiqket Products and Services, that we make available (collectively, “Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available eTiqket Products and Services. We make no promises that any Beta Versions will ever be made generally available. In some circumstances, we may charge a fee in order to allow you to access Beta Versions, but the Beta Versions will still remain subject to this Section 5. All information regarding the characteristics, features or performance of any No-Charge Products (including Beta Versions) constitutes our Confidential Information. To the maximum extent permitted by applicable law, we disclaim all obligations or liabilities with respect to No-Charge Products, including any Support, warranty and indemnity obligations. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, OUR MAXIMUM AGGREGATE LIABILITY TO YOU IN RESPECT OF NO-CHARGE PRODUCTS WILL BE Rm$100.
- ACCOUNT REGISTRATION
You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as utilising the system or purchasing a ticket.
As part of the registration and account creation process necessary to obtain access to certain of Our Websites, or particular Products or Services, including those portions that require a fee or payment for access, you shall select a username and a password. All information that you submit is complete, factual and truthful.
Your account username may not include the name of another person with the intent to impersonate that person or be offensive, vulgar or obscene.
You shall provide to Us documentary proof of identity documents, such as scanned copies of Your Identity Card, Passport or Company profile, should such be necessary. Whether as an individual or as a business user.
You agree to maintain only one account with us at any time for the Provision of any Product or Service, unless otherwise agreed between us. At the time of account creation,
You certify that you have no other account(s) with us. We reserve the right to deny creation of your account based on our inability to verify the authenticity of the registration information or documents provided by you.
Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account.
You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password.
You may not use another user's account without that user's permission. The use of your account by any individual under the age of twenty-one (21) is strictly prohibited.
You have permission to authorise payment to us using the payment method designated by you. You have permission to submit the relevant payment information to us.
You will, on a continuing basis, and as a continuing obligation, keep such payment or banking information accurate and up-to-date.
Your creation of an Account is further affirmation of your representations and warranties which are made herein. eTiqket accepts no responsibility or liability for any loss or damage incurred by
You as a result of your Account details being shared by you with any third parties. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser. You will immediately notify us in writing if you discover any unauthorised use of your account or other account-related security breaches. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. If you have reason to believe that your Account details have been obtained by another person without your consent, You should contact us immediately at [email protected] to suspend your Account and cancel any unauthorised orders or payments that may be pending. When choosing your username, you are required to adhere to the terms set out herein. Any failure to do so could result in the suspension and/or deletion of your Account. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.
- OWNERSHIP OF CONTENT AND GRANT OF CONDITIONAL LICENSE
As long as you are in compliance with all the terms and conditions of this Agreement (and all incorporated documents) and have paid any applicable Fees (as defined below), we hereby grant to you during the Term (as defined below) a limited, conditional, no-cost, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Website and Mobile Application, it is Content as permitted by these Terms for non-commercial purposes only and to access and receive the Services thereon that are intended for public display or access. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.
If, as a condition precedent, you agree that you will not:
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
- Link to any portion of the Site other than the URL assigned to the home page of the Site;
- “Frame” or “mirror” any part of the Site;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
- Remove any copyright, trademark or other proprietary rights notices contained on the Site;
- Use any computer program, bot, robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or the Site, including concerning any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
- Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Access, reload, or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
- Request more than 1,000 pages of the Site in any 24-hour period, whether alone or with a group of individuals;
- Make more than 800 reserve requests on the Site in any 24-hour period, whether alone or with a group of individuals;
- Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
- Reproduce or scan tickets in a format or medium different from that provided by the Site;
- Decode, decrypt, modify, or reverse engineer any of eTicket ticket booking system or any part of the website content
- Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site;
- Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose;
- Use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.
- except in your normal use of the Website, you will not copy or distribute any part of the Website or Services in any medium without our prior written authorization;
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.
The registered and unregistered trademarks, logos, and service marks displayed on the Site are owned by us or our licensors. You may not use our trademarks, logos, and service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us at [email protected]
- You agree that you will not violate any applicable local, national or international laws (including, but not limited to the Data Protection laws currently in force and as from time to time amended, revised or updated) or regulation in connection with your use of the Website or Services.
- If You do not have the capacity to enter into binding contracts for any reasons whatsoever [such as that you are a minor or are of unsound mind].
- If being an individual, You are not, at least, twenty-one  years of age.
- In any way that is unlawful, illegal, deceitful, criminal or fraudulent, or has any unlawful or fraudulent purpose, objective or effect.
- For the purpose of harming or attempting to harm minors in any way.
- Restrict or inhibit any other person from using the Site;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
- Submit (a) any content or information that is unlawful, deceitful, criminal, fraudulent, libellous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorisation; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
- Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
- Submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals based on religion, race, ethnicity, sexual orientation, gender, age, or disability;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional materials or any other forms of similar solicitation (such as spam).
- Engage in spamming or flooding;
- Harvest or collect information about Site users;
- Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event;
- Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer;
- You agree that you will not distribute, upload, make available or otherwise publish through the Website or Services any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or similar materials (“Submissions”) or graphics, text, information, links, profiles, personal information, name, likeness, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (“Content”) that:
- are unlawful or encourage another to engage in anything unlawful;
- contain a virus or any other similar programs or software that may damage the operation of our or another’s computer;
- violate the rights of any party or infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property rights of any party;
- are false, inaccurate, fraudulent or misleading; or
- are libellous, defamatory, obscene, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.
- To knowingly transmit any data, or to send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code, designed to adversely affect the operation of any computer software or hardware, of any other persons or entity including Us.
- You further agree that you will not do any of the following:
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website or Services;
- interfere with or disrupt the operation of the Website or Services, including restricting or inhibiting any other person from using the Website or Services by means of hacking or defacing;
- transmit to or make available in connection with the Website or Services any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
- attempt to probe, scan or test the vulnerability of a system or network of the Website or Services or to breach security or authentication measures without proper authorisation;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- harvest or collect the email address or other contact information of other users of the Website or Services;
- scrape or collect content from the Website or Services via automated or large group means;
- submit, post or make available false, incomplete or misleading information to the Website or Services, or otherwise provide such information to us;
- register for more than one user account; or,
- impersonate any other person or business.
- In addition, although we reserve the right to review, remove or edit any Submissions or Content, we may not routinely screen, monitor, or review Submissions and Content on the Website or Services, including representation made by users of the Website and Service. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY SUCH INFORMATION. YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.
- You agree that you are not licensed to access any portion of the Website or Services that is not public or made accessible for registered users, and you may not attempt to override any security measures in place on the Website or Services.
- You also agree: Not to reproduce, duplicate, copy or re-sell any part of Our Websites in contravention of the provisions of our General Terms.
- Not to access, without authority, interfere with, damage or disrupt: any part of Our Websites; any equipment or network on which Our Websites or our data are stored; any software used in the provision of Our Websites; or any equipment or network or software owned or used by any third party.
- Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website or Service shall not be limited to violations of this Restrictions section.
- SUSPECTED VIOLATION; INJUNCTIVE, EQUITABLE RELIEF, AND LIQUIDATED DAMAGES
You understand and agree that in eTiqket’s sole discretion, and without prior notice, eTiqket may terminate and block your access to the Website or to eTiqket’s other services, cancel your ticket order and/or tickets acquired through your ticket order, refuse to honour pending and future ticket purchases made from all credit card accounts or online accounts eTiqket believes may be associated with you, cancel a ticket or ticket order associated with any person acting or believed to be acting in concert with you, remove any unauthorized User Content or exercise any other remedy available, if eTiqket believes that your conduct or the conduct of any person with whom eTiqket believes you act in concert, or the User Content you provide, or any resale of such tickets purchased through eTiqket, violates or is inconsistent with these Terms or the law, or violates the rights of eTiqket, a client of eTiqket or another user of the Website. Violating any limitations or terms on the Website, including but not limited to utilising automated means to process or place ticket orders or ordering a number of tickets that exceeds the stated limit will be deemed to be a violation of these Terms. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorise your credit card or bank account information, your tickets may be canceled, we may refuse to honour all pending and future ticket purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Website.
You agree that monetary damages may not provide a sufficient remedy to eTiqket for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
You agree that Abusive Use of the Website, as defined above, causes damage and harm to eTiqket in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to Abusive Use of the Website. You further agree that monetary damages for Abusive Use of the Website are difficult to ascertain and that proof of monetary damages for Abusive Use would be costly and difficult to calculate. Accordingly, you agree that liquidated damages are warranted for Abusive Use. Therefore, you agree that if you or others acting in concert with you, alone or collectively request more than 1,000 pages of the Website in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of Five Ringgit (Rm5.00) per page request each time that a page request is made after that first 1000 during that twenty-four hour period. You also agree that this will be the measure of damages for any Abusive Use that occurred prior to this provision of these Terms of Service being in effect.
In a sale and purchase transaction, Title and Property in the Products will not pass to you until the full Invoice price for those Products have been received and credited into our Bank Account. Where payment has been received, Title and Property, and risk of loss or damage to the Products shall be deemed to pass to you when the Products are delivered to the Courier or shipping company. Where Products are leased, hired or licensed for Your use, You hereby agree that Title and Property in such Products remain with eTiqket [or other third-party providers, suppliers or licensors] and You shall not deal with the Products in any manner that is in breach of the contract or terms of subscription, lease, hire, or license to use the Products. Unless otherwise agreed, You are obliged to insure the Products for ‘ALL RISKS' while they are Used by You, or in Your care or control. You hereby agree that if any Products have been provided or supplied to you, and You have not made payment of the purchase price, or the fees or charges for the subscription, lease, hire or license of such Products, then eTiqket [or the Product Owners, Providers Suppliers or Licensors] have the legal right to enter Your premises and remove the subject Products from Your premises.
eTiqket is not required to provide any refund to you if it exercises any of its rights or remedies because you have violated these Terms or any of eTiqket’s rights. For more information about how we handle copyright infringements on the Website, please see our Copyright Policy.
- Some parts or all of the Website or Services may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website or Services if doing so would violate any Malaysia law or regulation, including but not limited to export controls or restrictions.
- If You open an account to order Products or Services from us, and You act on behalf of a legal person [see definitions section below], You hereby warrant and undertake that You possess the authority to bind Yourself, Your principals or employers [or the legal person named by you] with whom You are engaged with or acting as employee or agent for.
- You are legally capable of entering into binding contracts and must be over the age of 21 to register an account on the Website or use the Services. By registering an account or by using the Services, you represent that you meet this minimum age requirement. In any case, you affirm that you are over the age of 21, as the Website and the Services are not intended for use by children under 13. If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian. We cannot prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet service provider or information about parental controls at http://www.agc.gov.my. We do not endorse the products or services listed on this website.
- AVAILABILITY AND DELIVERY
For posted tickets, your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
- We will endeavour to post Tickets with plenty of time for their arrival prior to the event. However it is your responsibility to order Tickets in plenty of time to allow for delivery , especially if you are travelling to an event.
- If it become impractical for us to post Tickets, due to the proximity of the event, performance of activity or in the circumstances beyond our control, we reserve the right to make the tickets available for collection at the venue immediately prior to the event, performance or activity. You will be notified if this is necessary.
- Tickets may be restricted to a maximum number per person, per credit card and for some events per household. We reserve the right to cancel tickets without prior notice purchased in excess of this number.
- eTickets are made available for most events, and require no delivery. To redeem these tickets you need to attend the event, provide the event promoter with your name and show your payment debit/credit card as proof of ID
- When purchasing eTickets, all customers on one order should arrive together. If purchasing for a large group who may arrive at different times you should purchase tickets separately.
- Posted tickets will be at your risk from the time of dispatch from eTiqket.
- Tickets will be at your risk from the time of order confirmation
- Ownership of the Tickets will only pass to you when we receive full payment of all sums due in respect of the Tickets, including delivery charges where applicable.
- Tickets sent by Pos Laju delivery are not insured against loss or non-delivery. If your ticket is non-replaceable and you need to claim for non-delivery or loss, please contact Pos Laju customer services.
- eTicket will notify You by way of email when your Products are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Products to be supplied to you.
- Delivery of Products will only be made to a residential or business address in Malaysia unless otherwise agreed in writing.
- We will not deliver any Products to a P.O. Box address.
- FEE, PRICE AND PAYMENT
All payments must be effected in the currency of Malaysia (MYR), unless otherwise agreed in writing between You and Us.
- As more fully described on the Website, access to certain features of the Website or Services may require your payment of fees (“Fees”).
- You may be required to register your personal and/or financial information with us in order to use certain areas of the Website or the Services, for example, to access/provide Content or to initiate Transactions. In doing so, you agree that you will provide accurate and complete information. We may refuse to process your information or requested Transactions if we believe that you may be:
- i) impersonating another person;
- ii) violating the intellectual property or other rights of any entity;
iii) posting content that is offensive; or
- iv) providing information that we otherwise reject for any or no reason in our sole discretion.
- We may use a third-party payment processor (the “Payment Processor”) to charge Fees to you through your registered account for use of the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors made by the Payment Processor. You agree to pay us, through the Payment Processor, all charges for purchases made by you, and you authorize us, through the Payment Processor, to charge your chosen payment provider (e.g., credit card, debit card, FBX) (your “Payment Method”).
- By a Cheque issued by a Bank in Malaysia. By an Inter-Bank Transfer of Funds from Your Bank to Our Bank Account [Telegraphic Transfer].Such other method as may be agreed between You and us.
- The Products or Services ordered shall only be shipped, delivered or provided to You once We have received cleared payment of Our invoice. For Services to be provided to you, the service will be activated upon Our receiving cleared payment from You against Our invoice.
- Once payment has been cleared into Our Bank accounts, We shall provide You notifications by email advising You:
- Of the cleared payment paid against Our invoice.
- Of the shipment of Your Products.
- Of the relevant particulars of Your subscribed for or licensed Products and Services, and any relevant activation codes, usernames or passwords, or download links for software or apps, which are applicable for such Products or Services.
- Payments by Cheque shall comply with the following requirements:
- Cheque Payment shall be Made in favour of: HOSPLANET SDN BHD
- Where payment has not been received by Us within fourteen days of the issue of Our Invoice, We reserve the right to cancel Your order without any recourse by You. We reserve all of Our legal rights in such an instance for any costs, expenses or charges incurred by Us which We shall have the right to recover against You for such cancelled orders.
- eTiqket will charge the credit card, debit card, or charge card You provide (“Card”) on a recurring basis at the applicable times that the applicable fees or charges become due and payable by You as per the contract entered into between You and Us. When You provide Us with Your Card particulars, You may elect to either make it valid solely for use by You or for use by both You and the organization that You work for (your “Organization”). If You elect to make Your Card valid for use by Your Organization, anyone within Your Organization may take effect the payment of fees or charges against Your Card. All applicable Additional Fees or charges will be charged to Your Card, when a product or service is ordered by You and/or Your Organization.
- You understand that You may withdraw this authorization to make automatic payments, by notifying eTiqket at 14 days If such notice of revocation is not received by eTiqket at least three (3) days in advance of a scheduled payment date, eTiqket may still charge Your account for the next payment and Your revocation will not take effect until the following payment.
- We will automatically charge your Payment Method when payments are due, as more fully identified on the Website. If you purchase a subscription for Services, it may result in recurring charges to your Payment Method, and you agree that we may charge such amounts until such time as your subscription expires, is terminated or you cancel the subscription, depending on the subscription type.
- Where applicable, You may be required to select Products and Services which are packaged into different categories for different User requirements or types.All pricing information, or fees or charges, for Products and Services on Our Websites are correct at the time of going online. You hereby agree that eTiqket reserves the right to change prices, fees or charges and alter or remove any Special Offers, Promotions or Rewards from time to time as it deems necessary. All prices fees or charges on Our Websites do not include GST, unless otherwise specified. All prices fees or charges on the Website for the sale, subscription, supply, lease, hire or license of Products or services do not include GST. The final price that shall be paid by You shall be itemised and specified in our Invoice which shall include the following items as are applicable: GST [at the rate of 6%]. Delivery Costs [if applicable]. Insurance Costs [if applicable].
- WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT
- No part of Our Websites, or of our Products or Services provided thereat, shall be deemed or intended to constitute a Contractual Offer to You. When You issue Your Order Form, Purchase Order, Customers Order, or Insertion Order [collectively “Order Form”], such Order Form shall be deemed to be Your Offer for the purchase, hire, rental, license, supply or provision of the subject Products or Services. We are at liberty to Accept or Reject Your Offer. If We accept your Offer, We shall issue to You an ‘Acceptance Confirmation' and an Invoice. Our acceptance Confirmation shall be treated as an “Acceptance” of Your “Offer”.
- Your account will be considered delinquent if payment in full is not successful when a charge is initiated. Unless specified in an invoice, amounts due are exclusive of all applicable taxes, levies, or duties, and you will be responsible for payment of all such amounts. If you believe that any specific charge under this Agreement is incorrect, in order to obtain a credit, you must contact us in writing within thirty (30) days after the payment due date, and set forth the nature and amount of the requested correction; otherwise charges are final.
- In addition to other applicable remedies, we reserve the right to suspend and/or terminate your access to the Services and/or terminate this Agreement if your Payment Method is declined or fails, and your account therefore is delinquent. Charges to delinquent accounts are subject to interest of 2% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection, including reasonable attorneys’ fees and court costs.
- If you wish to cancel our Services, you may do so at any time through your account. Any charges incurred prior to cancellation are non-refundable. If you upgrade your subscription, you will be charged the difference in your current subscription and the upgraded subscription at that time, and you will be charged the price for the upgraded subscription on an ongoing basis until cancellation. If you downgrade your subscription, you will be charged the reduced price at the beginning of the next subscription term.
- The price of any Tickets will be as quoted on our website from time to time, except in cases of obvious error. Tickets are sold by promoters, bands and venues which means that We do not set the Ticket prices.
- These prices may include GST but exclude delivery costs, booking fees and other administration costs, which may be added to the total amount due as shown in your shopping basket.
- We may charge a Booking Fee per ticket, which covers the costs eTiqket incur to process the transaction (including, but not limited to, card processing fees, GST and other taxes, customer services and the provision of our services, including profit)
- We may charge a Delivery/Handling Fee per order, which covers the costs eTiqket incur to make the ticket available to you and the event promoter (including, but not limited to, postage, hardware provision, software provision, including profit)
- Prices are liable to change at any time, but changes will not affect orders in respect of which have already been placed.
- Our website contains a large number of Tickets and it is always possible that, despite our best efforts, some of the Tickets listed on our website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Ticket ‘s correct price is less than our stated price, we will charge the lower amount when dispatching the Ticket to you. If a Tickets correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before dispatching the Ticket , or reject your order and notify you of such rejection.
- Error in pricing – If the amount eTiqket posts on its Site for a ticket is incorrect for any reason eTiqket will have the right to cancel that ticket (or the order for that ticket) and refund to you the full amount that you paid including all fees and charges. This will apply regardless of whether the error resulted from human error or a transactional malfunction on the Site or other eTiqket operated system.
- We are under no obligation to provide the Ticket to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing.
- Ordering errors- Because eTiqket' authority is strictly limited by the rules of the Promoter, eTiqket cannot offer refunds for customer ordering errors. Once an order is placed those tickets are removed from inventory and are not available for purchase by others. Furthermore, eTiqket has no ability to audit the causes of customer ordering errors. Therefore, if you “meant” to order one (1) ticket but ordered eleven (11) tickets, no refunds will be made. Before an order is complete the number of tickets and charges are shown on your computer screen and you are asked to review the order and accept it. Most ordering errors should be caught by users during this review and acceptance process. Once you confirm and accept an order, there will be no refunds.
- Payment for all Tickets must be by credit or debit card or FPX.
- We reserve the right to cancel tickets if the venue requires us to reduce an allocation or if we have oversold an event due to human error. In this case we will provide you with a full refund.
- GOODS & SERVICE TAX, IMPORT DUTIES AND WITHHOLDING TAXES
- a) If you order Tickets from our website for delivery outside Malaysia, they may be subject to import duties and taxes which are levied when the shipment reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
- b) Please also note that you must comply with all applicable laws and regulations of the country for which the Tickets are destined. We will not be liable for any breach by you of any such laws.
- c) our fees under these Terms exclude any taxes or duties payable in respect of the eTiqket Products in the jurisdiction where the payment is either made or received. To the extent that any such taxes or duties are payable by us, you must pay to us the amount of such taxes or duties in addition to any fees owed under these Terms. Notwithstanding the foregoing, if you have obtained an exemption from relevant taxes or duties as of the time such taxes or duties are levied or assessed, you may provide us with such exemption information, and we will use reasonable efforts to provide you with invoicing documents designed to enable you to obtain a refund or credit from the relevant revenue authority, if such a refund or credit is available.
- d) You will pay all fees net of any applicable withholding taxes. You and we will work together to avoid any withholding tax if exemptions, or a reduced treaty withholding rate, are available. If we qualify for a tax exemption, or a reduced treaty withholding rate, we will provide you with reasonable documentary proof. You will provide us with reasonable evidence that you have paid the relevant authority for the sum withheld or deducted.
- UNLAWFUL ATTEMPT TO RESELL TICKETS
Many jurisdictions and venues have “scalping” and other laws that define what is an illegal resale of a ticket. An attempt to illegally resell your ticket is grounds for seizure of the ticket and cancellation by the Promoter and/or venue without compensation. A ticket purchased through eTiqket may not be used for the purposes of advertising, promotion, contests or sweepstakes without the written authorization of the Promoter.
- RESELLER, AFFILIATE AND REFERRAL
If you purchased through a Reseller. If you make any purchases through an authorized partner or reseller of eTiqket (“Reseller”) or Affiliate and Referral Program:
(a) Instead of paying us, you will pay the applicable amounts to the Reseller, as agreed between you and the Reseller. We may suspend or terminate your rights to use eTiqket Products and Services if we do not receive the corresponding payment from the Reseller.
(b) Your order details (e.g., the eTiqket Products and Services you are entitled to use, the number of End Users, the Subscription Term, etc.) will be as stated in the Order placed with us by the Reseller on your behalf, and Reseller is responsible for the accuracy of any such Order as communicated to us.
(c) If you are entitled to a refund under these Terms, then unless we otherwise specify, we will refund any applicable fees to the Reseller and the Reseller will be solely responsible for refunding the appropriate amounts to you.
(d) Resellers are not authorized to modify these Terms or make any promises or commitments on our behalf, and we are not bound by any obligations to you other than as outlined in these Terms.
(e) The amount paid or payable by the Reseller to us for your use of the applicable eTiqket Product and Services under these Terms will be deemed the amount actually paid or payable by you to us under these Terms for purposes of calculating the liability cap.
- PROVISION OF PRODUCTS AND SERVICES
- While every effort has been made to ensure that all graphical representations and descriptions of Products available from eTiqket correspond to the actual Products, eTiqket is not responsible for any variations from these descriptions.
- Where appropriate, You may be required to select the required [size] [model] [colour] [number] [other features] of the Products that is to be provided or supplied to you.
- eTiqket does not represent or warrant that such Products will be available. Stock indications are not provided on Our Websites.
- All pricing information on Our Websites for the provision or supply of Products are correct at the time of going online. eTiqket reserves the right to change prices and alter or remove any promotions or special offers from time to time.
- All prices on the Website for the sale, subscription, supply, lease, or hire of Products do not include GST/Sales and Service Tax [if applicable].
- The final price that shall be paid by You shall include the following items as are applicable:
- GST/Sales and Service Tax [if applicable].
- Delivery Costs [if applicable].
- Insurance Costs [if applicable].
- Provision of Services shall commence when full payment has been received from you.
- eTiqket shall use its best endeavours to provide the Services with reasonable skill and care.
- Provision of all Services shall be subject to Our Website Conditions and the Additional Terms which shall be applicable to the provision of particular Services as are Ordered by You.
- In the event that the Services provided are not in conformity with Your Order and thus incorrect or incomplete, You should contact Us within Two  days to inform Us of the mistake. eTiqket will ensure that any necessary corrections to the Services provided are made in a reasonable time frame.
- eTiqket reserves the right to make changes or alterations to the Services from time to time.
- REMOVAL OR UNAVAILABILITY OF PRODUCTS
Subject to this Agreement, Products available on the eTiqket may only be available for a limited period of time. In certain cases (for example, if we or our Third Party Provider loses the relevant rights, a Product is discontinued, or you breach applicable terms or the law), we may remove or cease providing you with access to certain Products that you have distributed. If reasonably practicable, we will provide you with reasonable prior notice of any such removal or cessation.
- REFUNDS AND EXCHANGE
- We regret that tickets cannot be exchanged or refunded after purchase unless the event is postponed, rescheduled or cancelled.
- If an event is cancelled, ticket holders will be offered tickets at any rescheduled event (subject to availability) up to the face value of the tickets or, if the ticket holder is unable to attend the rescheduled event or the event is not rescheduled, a refund of the face value of the ticket plus any applicable booking fee paid.
- The promoter reserves the right to alter or vary the programme of an event without being obliged to refund or exchange tickets
- Requests for refunds with your own request should be made in writing by opening a support ticket within 7 days of being notified of the event cancellation. We cannot accept refund requests after this time.
- Charity donations and ticket refund protection are non-refundable.
- Delivery/Handling fees will only be refunded where the delivery or handling service has not already been fulfilled
- Refunds will be issued only to the original purchaser or to the original credit card used for the purchase
- Refunds agreed by the promotor will be issued by eTiqket on the event promoter's behalf to the customer in the case that eTiqket holds the ticket funds at the time the refund is due.
- In the case where a refund is due and eTiqket do not hold the ticket funds, the responsibility and liability for issuing refunds lies with the event promoter.
- eTiqket will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services.
- When events are postponed or rescheduled: You will be contacted via email with the new event information as soon as we are updated.
- Unless notified otherwise, your tickets will be valid for the new event date
- If you are unable to make the new event date and refunds have been approved by the event organiser, artist, team, venue, or promoter.
- eTiqket aims to always provide high-quality Products and Services that are fault free and undamaged. On occasions however, goods may need to be returned. Returns are governed by these Terms and Conditions.
- If the Purchaser receives Products which do not match those ordered or comply with the Product description or specifications, the Purchaser should contact Us within Ten  working days to arrange for the collection and return of such Product/s. The Purchaser will be given the option to have the Product/s replaced with those ordered (if available) or to be refunded through the payment method used when the Products were purchased. Refunds and replacements will be issued only upon our receipt of the returned Products at the address to which such products are to be returned.
- If any Products purchased have faults when they are delivered, the Purchaser should contact eTiqket within Ten  working days to arrange for the collection and return. eTiqket is not responsible for paying the shipment costs for such returns. Products must be returned in their original condition, with all packaging and product documentation that was supplied. Upon receipt of the returned Products, the price of the Products, as paid by You, will be refunded to You through the payment method used when the Products were purchased.
- If any Products develop faults within their warranty period, the Purchaser is entitled to a repair or replacement under the terms of the applicable warranty.
- If Products are damaged in transit, and the damage is apparent on delivery, the Purchaser should sign the delivery note to the effect that the goods have been damaged. In any event, such damage should be reported to eTiqket within Ten  working days. The Purchaser shall be responsible for the return of the Product to us at the address designated by Us for returns. eTiqket is not responsible for paying the shipment costs or insurance thereon which shall be wholly borne by the Purchaser. Upon receipt of the returned Products, the price of the Goods, as paid, will be refunded through the payment method used when the Products were purchased.
- If the Products have been dispatched or have reached you, but You the Purchaser decides that they are no longer required, the Goods can be returned to eTiqket within ten  days of receipt. Products can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of eTiqket or the Suppliers of the Products. The Purchaser is responsible for paying shipment and insurance costs if Products are returned for this reason.
- If the Purchaser wishes to return Goods to eTiqket for any of the above reasons, please contact us at [email protected] to make the appropriate arrangements with Us.
- eTiqket reserves the right to exercise discretion with respect to any returns under these Website Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- Any use or enjoyment that You may have already had out of the Goods or Products.
- Any characteristics of the Goods or Products which may cause them to deteriorate or expire rapidly.
- The fact that the Goods or Products consist of audio or video recordings or computer software and that the packaging has been opened.
- Any damage to the goods or Products, even if they be superficial and the degree and extent to which the Goods or Products have been used.
- Where eTiqket accepts returns, eTiqket shall be entitled to charge a Cancellation Fee for Goods or Products returned which are not defective or faulty but which have been used by the User.
- OUR LIABILITY
- Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Ticket you purchased. To the maximum extent permitted by law, eTiqket accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, punitive, special, or exemplary damages arising from the use of any of our Websites, our Products or services, or any information contained therein. Users should be aware that they use Our Websites, our Products and services, and it's Content at their own sole risk.
- This does not include or limit in any way our liability:
- For death or personal injury caused by our negligence;
- Under Act 599 of the Consumer Protection Act 1999;
- For fraud or fraudulent misrepresentation; or
- For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- Events, performances and activities may be cancelled by the third party supplier for a variety of reasons. In this event, we will not be responsible for any cancellations or postponements.
- Where you buy any Ticket from a third party supplier through our website, the supplier's individual liability will be set out in the supplier's terms and conditions which should be available from their website, or upon request.
- At sporting events balls, pucks or other materials may enter the spectator area and cause an injury. There is always the possibility of fights, fires or other injuring causing occurrences. eTiqket has no control over the event. YOU HEREBY AGREE THAT eTiqket WILL HAVE NO LIABILITY TO YOU OR ANY OTHER TICKET HOLDER WHOSE TICKETS WERE PURCHASED THROUGH eTiqket FOR ANY LOSSES, DAMAGES, DEATH OR INJURY SUFFERED IN CONNECTION WITH THE EVENT.
- eTiqket ‘ LIABILITY IN NO EVENT FOR ANY REASON OR CAUSE UNDER ANY LEGAL THEORY WILL eTiqket BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF eTiqket HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- YOU AGREE THAT eTiqket WILL NOT BE RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH THE SALE OF TICKETS, THE USE OF THE SITE, ATTENDANCE AT THE EVENT OR CANCELLATION OF THE EVENT OR PERFORMANCE FOR WHICH THE TICKETS ARE PURCHASED
- EVENTS ARE CONTROLLED BY THE EVENT PROMOTER
eTiqket acts only as a ticketing service provider of the event Promoter. All aspects of the event itself are controlled strictly by the Promoter, venue or other third parties. eTiqket does not set ticket prices, the time or date of the event, the content of the event, the nature of the performance, type or arrangement of seating, availability of medical, security or other facilities, parking, access, transportation or any other aspect. Further, Promotes and venues set their own rules and regulations for attendance at events, including security policies, search policies, alcoholic beverage policies, Halal policies, ejection policies, refund, cancellation and rescheduling policies and the like. By purchasing a ticket through eTiqket you agree that eTiqket will have no liability for any such policies or activities on behalf of the Promoters or any third party and that any complaints you may have with regard to the event or its cancellation or rescheduling, its content or any other aspect of the event will be directed solely to the Promoter and/or the venue and NOT to eTiqket and that eTiqket will not be liable for any such complaints you may have.
- PROMOTER'S RULES AND REGULATIONS
Promoters and venues often prepare their own rules and regulations concerning the conduct of events. All tickets sold by eTiqket are sold with the understanding that the ticket may be used by the purchaser only subject to and in accordance with the Promoter's and/or venue's rules and regulations. By purchasing a ticket through eTiqket you acknowledge and agree that your purchase of the ticket and use of the ticket will be subject to those rules and regulations.
- RECORDING OF EVENTS
Typically Promoters have a recording policy that prohibits the recording, transmission or reproduction of any description, account, picture, sound or other aspects of the event. Should you violate the Promoter's rules prohibiting recording of an event you may be ejected and you may be subject to such other actions as the Promoter or the venue may deem appropriate. Often the events themselves, including portions of the audience are recorded. By purchasing a ticket through eTiqket you hereby grant permission to the Promoter and/or venue to utilise your image, likeness, actions or statements in any live or recorded audio, video or other photographic display or other transmission, exhibition, publication or reproduction made of or at the event, regardless of whether or not the recording took place before, during or after the performance. Such permission is granted for recording and transmission in any medium and without further authorisation by you or compensation to you.
- EJECTION FROM EVENT BY PROMOTER
Promoters and venues reserve the right, without any refund to you, to refuse admission to you or eject you if the Promoter or venue management considers your conduct to be obnoxious, vulgar, disorderly, abusive or disturbing or if the Promoter or venue management believe you have failed to comply with the Promoter's or venue's rules. Breach of the terms of the Promoter's or venue's rules and regulations will terminate your right to attend the event and will subject you to ejection from the event without a refund.
The Promoter considers the ticket to be a revocable license for admission to an event and admission may be refused and the license cancelled for violation of the Promoter's rules. Further, the Promoter will have the right to cancel your ticket without cause and in such case the Promoter's only obligation will be to refund to you the ticket's face amount. You have no right to redeem or cancel a ticket for cash.
- ALCOHOLIC BEVERAGES, NON-HALAL AND PROHIBITED ITEMS
The Promoter's rules and regulations typically prohibit alcoholic beverages, Non-Halal, illegal drugs, weapons of all types, cameras, recording devices and other items. By purchasing a ticket through eTiqket you understand and agree that your attendance at the event will be subject to the Promoter's rules and regulations, including being subject to the Promoter's policy prohibiting certain items and materials. If you attempt to bring prohibited materials into the event the Promoter may seize them and/or may refuse you admission without a refund.
By purchasing a ticket through eTiqket you automatically become subject to the Promoter's and venue's rules and regulations which often include a search policy. By purchasing this ticket through eTiqket you consent to the Promoter's rules, including giving your consent to searches and you waive any claims that may arise as a result of any such search. If you attempt to attend the event and refuse to allow yourself to be searched, the Promoter may deny you entry to the event without refund or other compensation. Similarly, if during a search, prohibited materials such as alcohol, weapons, drugs, recording devices, etc., are found, the Promoter or venue may refuse you admittance without refund or may confiscate such prohibited materials.
- EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- We will not be held responsible for any delay or failure to comply with our obligations under these Website Conditions or any applicable Additional terms[or in relation to any Agreement entered into between You and Us] if the delay or failure arises from any cause/s which is beyond our reasonable control, including by reason of Force Majeure, which shall include any default due to or caused by an Act of God, war, or threatened war, act of terrorism or threatened act of terrorism, strike, lockout, industrial action, health epidemic or pandemic, fire, flood, drought, tempest or other event beyond our control.
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- The acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- CREDENTIALS SECURITY
- If you are registered with a user account on the Website, you agree to keep your user name and password and/or any other Credentials needed to login to the Website or Services confidential and secure. You are responsible for controlling the access to and use of your account. You understand and agree that we may assume that instructions from an individual associated with your account are authoritative and should be acted upon by us. We are not responsible for any unauthorised access to your account or profile, and any ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any action against us arising out of or related to any claimed unauthorised access using your Account Credentials.
- Notwithstanding the foregoing, if we believe that there has been unauthorized access to your account, we may take reasonable efforts with reasonable speed, to disable or lock your account, or otherwise address your situation. In the event that you would like to report a breach, please contact [email protected] with the term “Account Breach Notice” in the subject line.
- CONTENT SUBMITTED OR MADE AVAILABLE TO US
- You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of your Content or Submissions. In order for us to provide the Services to you and for promotion of our Services, however, we require your permission to process, display, reproduce and otherwise use Content or Submissions you make available to us. Therefore, if you choose to submit any Content or Submissions (including your name, likeness and other personal information) to the Website or Services, or otherwise make any Content or Submissions available through the Services, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content or Submissions, including without limitation distributing part or all of the Content or Submissions in any media format through any media channels.
- By submitting any Content or Submissions to us you hereby agree, warrant and represent that:
- the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights;
- all such Submissions and Content are accurate and true,
- Be genuinely held (where they state opinions).
- Comply with applicable laws of both the country where the User is accessing the website, and in any country from which they are posted [if the latter is in a different country].
- we are not under any confidentiality obligation relating to the Content or Submissions;
- we shall be entitled to use or disclose the Content or Submissions in any way; and
- you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.
- You must not:
Contain any material which is libelous or defamatory of any person. Contain any material which is obscene, offensive, hateful or inflammatory.
Display or Promote sexually explicit material.
Display or Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right, trademark or other intellectual property rights of any other person.
Infringe any legal rights of any person.
Be likely to deceive any person.
Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence to hold certain information secret or confidential.
Promote or encourage any illegal activity.
Be threatening, abusive or invasive of another's privacy, or causing annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any person.
Be used to impersonate any person, or to misrepresent the identity of the contributor with some other person.
Give the impression that they emanate from us, if this is not the case.
Advocate, promote or assist any unlawful or illegal act, such as infringing intellectual property rights of a third party or any form of computer misuse.
- You acknowledge that we are under no obligation to maintain any information, materials, Content or Submissions that you submit, post or make available to or on the Website or Services. We reserve the right to withhold, remove and or discard any such materials at any time.
- CONTENT SHARED THROUGH THE SERVICES
You understand that by sharing information on the Website or Services, and requesting information to be sent through the Services, you may be revealing information about yourself and/or your business that you may include and that may be generated by the Services. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.
- LINKS TO THIRD PARTY WEBSITES
- OUR INTELLECTUAL PROPERTY
- Our graphics, logos, names, designs, page headers, button icons, scripts, and service names are our trademarks, trade names and/or trade dress. The “look” and “feel” of the Website or Services (including colour combinations, button shapes, layout, design and all other graphical elements) are protected by Malaysia copyright and trademark law. All product names, names of services, trademarks and service marks (“Marks”) are our property or the property of their respective owners, as indicated. You may not use the Marks or copyrights for any purpose whatsoever other than as permitted by this Agreement.
- You acknowledge that the software used to provide the Services, and all enhancements, updates, upgrades, corrections and modifications to the software (the “Software”), all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the Software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain the sole and exclusive property of us and/or our licensors, as the case may be. This Agreement does not convey title or ownership to you, but instead gives you only the limited use rights set forth herein.
- To the extent that you gain access to or receive any copies of such Software, you agree that you will delete such copies of the Software upon any termination of this Agreement, termination of your use of the Services, or at our request.
- TRANSFER OF RIGHT AND OBLIGATIONS
- The contract between you and us is binding on you and us and on our respective successors and assigns.
- You may not transfer, assign, charge, makeover, sub-contract or delegate any Agreement that is entered into between You and Us to any third party without our express written consent or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. Any such purported assignment shall be treated as void and of no legal effect against Us.
- We may transfer, assign, charge, makeover , sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
- OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order Tickets from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Tickets).
- In the event of any conflict between our current Website conditions, and any applicable Additional terms, with prior versions of the same [that is to say, Website conditions and Additional terms], the current versions shall apply to any contract entered into between You and Us, unless it is expressly stated otherwise.
- DISPUTES, GOVERNING LAW AND JURISDICTION
- Contracts for the purchase of Tickets through our site will be governed by the Laws of Malaysia. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Malaysia.
- You agree that any claim or dispute arising out of or relating in any way to your use of the Website, Services or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The LAWS OF MALAYSIA ARBITRATION ACT 2005 apply to this Agreement. The LAWS OF MALAYSIA shall govern this Agreement, and shall be used in any arbitration proceeding.
- There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
- To begin an arbitration proceeding, you must email to [email protected] requesting arbitration and describing your claim.
- Arbitration under this Agreement will be conducted by the Asian International Arbitration Centre or AIAC under its rules then in effect. Payment of all filing, administration and arbitrator fees will be governed by the AIAC’s rules.
- You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.
- Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuses of intellectual property or other proprietary rights.
- To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Website, Services or us, may only be brought by you in a court located in Malaysia. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN MALAYSIA.
- COMPLAINTS AND DISPUTE RESOLUTION
- If you have a complaint regarding a sale placed through eTiqket that you feel is not being resolved to your satisfaction, you have a few options.
- Please ensure you have opened a support ticket with us, so your complaint is in writing, then ask for your complaint to be escalated to the Customer Care Manager.
- You can email to us at [email protected].
- We always strive to resolve your issues with you directly in a reasonable timeframe.
- Any controversy, claim, or dispute of whatever nature arising between You and eTiqket (a “Dispute”), including, without limitation, a dispute arising out of, or having to do with Your Use or Access to Our Websites, including any Products, Services, Content, or any Agreement entered into between You and Us, shall be resolved by binding arbitration.
- Our agreement to arbitrate shall continue in full force and effect despite the expiration, rescission, or termination of the Agreement between Ourselves and You. Either party may begin the arbitration process by giving a written notice to the other party setting forth the nature of the Dispute and its pertinent particulars.
- The arbitration shall be in accordance with the Kuala Lumpur Regional Centre for Arbitration Rules which shall be deemed to be incorporated herein by this reference. The arbitration shall be held in Kuala Lumpur, Malaysia, and shall be conducted in the English Language. The award of the arbitrator(s) shall be treated as final and binding on the disputant parties and enforceable in any court of competent jurisdiction.
- In any Dispute which involves any claim or dispute where the monies claimed [whether as loss, damages, compensation or otherwise] exceeds more than MYR 100,000, three arbitrators shall adjudge the dispute. For claims under this sum, one arbitrator shall adjudge the dispute.
- The arbitrator(s) shall have the authority to award actual money damages (with interest on unpaid amounts from the date due until repayment), specific performance, and temporary injunctive relief, but the arbitrator(s) shall not have the authority to award the excluded losses or damages as is specified in these Website Conditions or in any applicable Additional terms.
- Either party may request the arbitrators to provide a Reasoned Award in writing at the end of the arbitration. The Award of the Arbitrators shall be provided in writing no later than thirty  consecutive days from the date that the arbitration ends.
- The party that substantially prevails in the dispute shall be entitled to its arbitration costs and attorney's or solicitors fees, which matter shall be adjudged by the arbitrator/s.
- If a party fails to proceed with arbitration, unsuccessfully challenges the arbitration proceedings, or fails to fully comply with the orders or directions of the arbitrators, the arbitrators and the other parties involved in the arbitration shall nevertheless be entitled to proceed with the arbitration until its conclusion.
- Except as otherwise required by law, the parties agree to maintain as strictly confidential all information or documents obtained during the arbitration process, including the resolution of the Dispute.
- Notwithstanding the parties agreement to settle their disputes by arbitration, the parties hereby agree that in relation to intellectual property issues, or where the rights of a party are in serious jeopardy, and incalculable loss may be suffered by an innocent party, then, in such an event, the aggrieved party shall be entitled to move the High Court sitting in Kuala Lumpur, Malaysia, so that equitable reliefs can be provided, such as injunctions, declarations, accounts or specific performance. The parties agree that resort to legal process shall not stay the arbitration proceedings, which shall proceed to resolve any other issues in dispute between the parties.
- TERM AND TERMINATION & CANCELLATION
- The “Term” of this Agreement will continue until the Agreement is terminated as provided herein. We reserve the right to terminate this Agreement and/or deny all or some portion of the Website or Services to any user, in our sole discretion, at any time.
- You may terminate this Agreement at any time by ceasing use of the Website or Services, and by closing your account. Your representations, warranties and indemnification obligations shall survive any termination of this Agreement.
- If eTiqket terminates Your Account, any current or pending orders or payments on Your Account will be cancelled and the provision of Products or Services to You will be cancelled.
- eTiqket reserves the right to cancel orders or payments without stating any reasons for the same. Such may be effected at any time prior to the processing of any payment by You or the commencement of any ordered for Products or Services.
- If orders or payments are cancelled for any reason prior to delivery of the Products to You, or commencement of the Services, You will be refunded any monies paid in relation to those purchases or transactions.
- If You terminate Your Account, any non-completed orders or payments will be cancelled and You will be refunded any monies paid in relation to those orders.
- We will determine, in our full discretion, whether there has been a breach of the Acceptable Use Policy terms through your use of Our Websites. When a breach of this policy has occurred, we may take such action as we deem proper and appropriate.
- Failure to comply with the Private Policy terms shall constitute a material breach of the General Terms upon which You are permitted to use Our Websites, and may result in our taking any or all of the following actions:
An immediate, temporary or permanent withdrawal of your right to use any or all of Our Websites Products or Services, including our interactive services.
An immediate, temporary or permanent removal of any posting or material uploaded by You to Our websites.
The issue of a warning to you.
The institution of Legal proceedings against You, for reimbursement of all costs and expenses on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from any breach by you which causes loss, damage and expense to Us.
Further legal action against you to protect or enforce any legal rights.
Our disclosure of information to law enforcement or regulatory authorities in any country [including where you reside] which we deem necessary or is warranted.
We exclude liability for actions taken in response of breaches of this Private Policy. The responses described in this policy are not limited to the aforesaid, and we may take any other actions we deem is proper or appropriate to protect Our rights or the rights of innocent Users and Third Parties.
- DISCLAIMERS AND LIMITATION ON LIABILITY
YOU HEREBY IRREVOCABLY ACKNOWLEDGE AND AGREE THAT:
- We do not represent or warrant that access to the Services will be error-free or uninterrupted, and we do not guarantee that users will be able to access or use the Services, or their features, at all times. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, or any part thereof, with or without notice.
- Certain data displayed by the Services relies on the receipt of underlying data from third-party sources. Such data sources may not be real-time or accurate, which may result in delays or inaccuracies in the displayed information.
- The Website or Services may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
- Although we have the right to review, edit, remove or modify information from or on the Website or Services, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information.
- eTiqket makes no warranty or representation that Our Websites, or our Products and Services, shall meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose/s, that it will not infringe the rights of third parties, that it will be compatible with all computer systems, that it will be secure, and that all information provided will be accurate. We make no warranties or guarantees of any specific results from the use of Our Websites and of the Products and Services offered thereat.
- eTiqket is not responsible for any material created or submitted by Users of Our Websites. No material created by Users is endorsed or otherwise supported by eTiqket. eTiqket assumes no responsibility for any offense, loss or other harm resulting from material created or submitted by Users.
- No part of Our Websites is intended to constitute professional opinion or advice and the content of Our Websites shall not be relied upon when making any decisions or taking any action of any kind.
- The data and information on Our Websites are not designed with commercial purposes in mind. eTiqket makes no representation or warranty that the content of Our Websites are suitable for use in commercial situations or that it constitutes accurate data and / or professional advice on which business or financial decisions can be based.
- All Users are expressly warned that they secure and obtain the advice of professional persons [such as lawyers, accountants, and property surveyors or valuers] when making a decision as to whether to enter into a transaction relating to real property.
- While every effort has been made to ensure that all descriptions of Products and Services available from Our Websites correspond to the actual Products or Services available, eTiqket is not responsible for any variations from these descriptions.
- While eTiqket uses reasonable endeavours, on a best efforts basis, to ensure that Our Websites, and our Products and Services, are secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
- Disclosure: Pursuant to Inland Revenue Board Of Malaysia Regulations, we are required to advise you that, unless otherwise expressly indicated, any tax advice contained in the Website or Services, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of
- avoiding tax-related penalties under the Internal Revenue Code or
- (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
- BY USING THE WEBSITE AND/OR SERVICES YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
- USE OF THE WEBSITE AND/OR SERVICES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, VIRUSES OR OTHER HARMFUL COMPONENTS.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR SERVICES, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Notwithstanding the foregoing, in the event that a court shall find that any of the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for
- any damages in excess of Rm100.00, or
- any indirect, incidental, punitive, special, exemplary or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Website or Services. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
- SOME STATES MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
You agree to defend, indemnify and hold harmless eTiqket, its officers, directors, shareholders, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from:
(i) your use of and access to the Website or Services;
(ii) your violation of any term of this Agreement;
(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;
(iv) any claim that any of your Content or Submissions caused damage to a third party; or
(v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website or Services. This defense and indemnification obligation will survive this Agreement and your use of the Website and/or Services.
- a) If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- b) A waiver by us of any default shall not constitute a waiver of any subsequent default.
- c) No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section Notices
Except as otherwise set forth in these Terms, each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any of Our Technology and any performance information relating to the eTiqket Products and Services will be deemed our Confidential Information without any marking or further designation. Except as expressly authorised herein, the Receiving Party will
(a) hold in confidence and not disclose any Confidential Information to third parties and
(b) not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations no less protective of the Disclosing Party than this Section 38 and that the Receiving Party remains responsible for compliance by them with the terms of this Section 38. The Receiving Party's confidentiality obligations will not apply to information which the Receiving Party can document:
(i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party;
(iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or
(iv) is independently developed by employees of the Receiving Party who had no access to such information. The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to appropriate equitable relief in addition to whatever other remedies it might have at law.
Severability. If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, void, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, provisions which will continue to be valid to the fullest extent permitted by law and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement may only be revised in writing signed by us or emailed by us to the Website or Services. In the event that we update this Agreement and you are made aware of the update, your continued use of the Website or Services after the update shall constitute your assent to the updated Agreement.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Website or Services.
Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without our prior written consent. Any unauthorised assignment shall be null and void.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in an email to [email protected]
Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of irreparable harm or other damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Terms. This Agreement, including the documents expressly incorporated by reference, constitutes the entire Terms between you and us with respect to the Website or Services, and supersedes all prior or contemporaneous communications, whether electronic, oral or written.
- WRITTEN COMMUNICATION
Applicable laws require that some of the information or communications we send to you should be in writing.
Your submissions are to be made using the English language only as We are unable to respond to enquiries submitted in any other languages.
You acknowledge that eTiqket reserves the right to monitor any and all communications made by You to Us or by You using any of our Website/s Systems.
You acknowledge that eTiqket may retain copies of any and all communications made to Us from Your use of our Website/s or through using our Website/s Systems.
You acknowledge that any information You send to us through our Website/s Systems or post on the forums/chat/community/blog or similar Services [interactive services], may be modified by us in any way and You hereby waive Your moral right to be identified as the author of such information works or materials. Any restrictions You may wish to place upon our use of such information, works or materials must and shall be communicated to Us in writing in advance and We reserve the right to reject such terms and associated information works or materials. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication, and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
You agree to do business electronically with eTiqket, and to receive electronically all current and future notices, disclosures, communications and information. You hereby agree that the aforementioned communications or notices provided electronically satisfies any legal requirement that such communications be in writing.
You agree that You meet the following technical requirements and are able to access and retain copies of notices and information sent or made available electronically: internet access, PDF reader, ability to print with Internet browser, e-mail. eTiqket may from time to time send You information about our Products or Services. If You do not wish to receive such information, please click on the “Unsubscribe” link in any email which You receive from us.
This condition does not affect your statutory rights.
- IMPORTANT NOTICES
All notices given by you to us must be given to eTiqket by opening a new support ticket. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section Written Communication. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
- ENTIRE AGREEMENT
- a) These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- b) We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- c) Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such false statement was made fraudulently) and the other parties only remedy shall be for breach of contract as provided in these terms and conditions.
We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
” eTiqket ” means HOSPLANET Sdn Bhd, its subsidiaries, affiliates, agents, servants and contractors.
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on Our Websites.
“Courier” means any third party responsible for transporting Goods or Products from our Premises to that of the Customers.
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of Our Websites.
“Goods” or “Products” means any Products that We advertise and / or makes available for sale, subscription, lease, hire, or license through Our Websites.
“Services” means collectively any online facilities, tools, Services [including interactive services] or information that eTiqket makes available through Our Websites either now or in the future.
“Payment Information” means any details required for the purchase of Products or Services from our Websites. This includes, but is not limited to, credit / debit card numbers, bank account numbers and bank sorting codes.
“Purchaser”means any person or business that buys Goods from any of our Websites.
“Invoice” means collectively any invoices, receipts or similar documents that may be in hard copy or electronic form.
“System” means any online communications infrastructure that eTiqket makes available through our Websites either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.
“You” “Customer” “User” means You or any third party that uses or accesses Our Websites or our Products and Services.
“Affiliate” or “subsidiary” means any related or associated company of Hosplanet Sdn Bhd including their successors, assigns, employees and agents.
“Agreement” or “Contract” means these Website Conditions, any applicable Additional Terms, and Policy terms which are applicable to the use of any of Our Websites, or for Products or Services ordered, supplied or sought by You from Us which shall be specified in the relevant Website [or webpage], the Order Form, Customer's Order, Purchase Order, Insertion Order, Acceptance Confirmation, Invoice, or such other document provided or displayed on Our Websites in relation to such Products or Services.
“Contents” means all information, text, sound, and music, Software, photographs, videos, graphics, data, messages or other materials.
“Products” or “Services” means any tangible or intangible Products or Services listed on any of Our Websites.
“Order Form”, “Customers Order” or “Purchase Order” means a written request provided or submitted [on Our prescribed order form or interactive forms] by You to Us which shall be deemed and treated as an Offer to Purchase or as an Offer for the Provision, Supply, license, hire or subscription of Products or Services [as the case may be].
‘Supply' or ‘Provision' of ‘Goods' ‘Products' or ‘Services' shall encompass, according to the context where the terms are used, a Sale, Subscription, License, Hire, Rental, or Assignment transaction.
‘Acceptance Confirmation' means the document that We send to You which is an Acceptance of Your “Order Form”, “Customer's Order” or “Purchase Order”.
‘Individual' or ‘natural person' shall mean a human being who has reached the age of majority and has the legal capacity to contract.
‘Legal Person' means any entity created, formed, registered or incorporated pursuant to the Laws [or internal Laws] of a Country, State or any political subdivision thereof, or pursuant to International Law or Conventions. For the avoidance of doubts, such shall encompass a sole proprietorship, a general or limited partnership, a Company or Corporation [whether public or private, and whether with limited liability or unlimited liability], Trusts, Foundations, Societies, and Associations of Persons.
A ‘party' means either ‘ eTiqket ‘ or a ‘User' as is applicable to the context in which such expression is used.
‘The parties' means eTiqket and the User collectively.
‘Us' ‘We' ‘Our' means eTiqket, its subsidiaries, affiliates and partners.
‘Use' or ‘Access' in relation to use or access to any of Our Websites and its services shall also apply to use or access via any mobile device or application.
‘User' ‘You' ‘Your' ‘Subscriber' means you, the User of any of Our Website or Our Services.
‘subscriber' shall mean any User who enters into a subscription or membership service for the Use of any specific Website or our Products or Services on a subscription basis or recurring basis.