1.0 About Hello Sabah
Hello Sabah is part of Sri Pelancongan Sabah Sdn Bhd, a wholly-owned subsidiary company under Sabah Tourism Board. Sri Pelancongan Sabah Sdn Bhd supplements and complements the efforts of Sabah Tourism by working closely with the tourism industry having its registered office in Kota Kinabalu, Sabah. We promote the best of Sabah and all you have to do is find, compare, and book travel experiences anywhere in Sabah.
1.1 Support
We would like to make your experience of the use of our platform as positive as possible. In the case that you do encounter any problems when using our service, please let us know. We are passionate about offering customer care. Please note that this support is never a legal obligation and that we do not take on more obligations than provided in these terms of use.
1.2 Terms of Use
These terms of use – that may be amended at our discretion – apply to all our services that are provided to you online directly or indirectly. By browsing our website, making use of our website and/or making a reservation through our platform you acknowledge and agree that you have read the below terms of use and you agree to these terms of use. We advise you to carefully read the terms of use, so you fully understand the rights and obligations you have in relation to your use of the platform.
1.3 General
1.3.1 These terms of use (“Terms of Use”) apply to every use made of the platform. On the platform, as developed by Hello Sabah, you can find, compare and book travel experiences anywhere in Sabah (“Platform”).
1.3.2 If you keep using the Platform after the Terms of Use have been amended/supplemented, you unconditionally agree to the amended/supplemented Terms of Use. If you do not wish to accept the amendments and/or supplements, your only remedy is to cease using the Platform.
1.3.3 To the best of its ability, Hello Sabah will make efforts to provide the Platform with due care. You accept that the Platform, only contains the functionalities and other characteristics as it contains at the moment of your use (“as is” and “as available”). Each and every use of the Platform is for your own risk and responsibility.
1.3.4 Hello Sabah is at all times, without in any way becoming liable to you, entitled to make procedural and technical alterations and/or improvements to the Platform.
1.3.5 It is necessary for us to make changes or improvements to our service or to our terms of use. However, we will do everything in our power to make sure your use of the platform goes as smoothly as possible.
1.3.6 Please be aware that your use of our platform is for your own risk and responsibility.
1.4 Use of the Platform
1.4.1 In using the Platform, you can view all offers published by organisers (“Organisers”) (which offers are referred to as “Travel Offers”), submit requests (“Requests”) with the Organisers, make a reservation (“Reservation”) for such Experience Offers and write reviews. A Reservation placed through the Platform forms a binding agreement between you and the Organiser if the Organiser accepts your Reservation. Requests, however, are non-binding. If you have any questions, complaints or remarks about an Organiser, an Experience Offer, a Reservation or a Request, you can contact Hello Sabah through the Platform.
1.4.2 The Travel Offers are subject to the Organiser’s terms and conditions, as well as all agreements between you and the Organiser. Hello Sabah shall never become a party to an agreement between an Organiser and you. We advise you to carefully read the Organiser’s terms and conditions, since they may entail legal obligations and it is your responsibility to adhere to such obligations. Hello Sabah accepts no responsibility whatsoever for any decisions made by you based on the content of Hello Sabah and/or the Organisers on the Platform, unless stated otherwise in these Terms of Use.
1.4.3 You and the Organiser are solely responsible for the correct performance and execution of a Reservation, which – from your side – includes the correct provision of the required information in making a Reservation. To view, change or cancel your Reservation, please refer to your confirmation email, where you will find all relevant instructions.
1.4.4 You are solely responsible and liable for the content you submit, which includes the reviews you write. Since you are able to upload content to the Platform without restriction, you warrant that this content is lawful and does not infringe upon any party’s intellectual property rights, privacy rights or any other rights and you indemnify Hello Sabah from any third party’s claim in this respect. You also warrant that you do not submit content which involves any illegal activities or activities that are contrary to morality or public order, which includes, but is not limited to content that relates to hate speech, is intended to promote or sell drugs or firearms, is violent in any way or qualifies as or transmits unwanted or unsolicited material or content (spam). We do not warrant that your content will be correctly, completely and/or continuously available on the Platform.
1.4.5 When using our Platform you shall adhere to the following rules. You may not:
- use the Platform with a device that contains viruses, Trojan horses, worms, bots or other malicious software that can alter, damage, disable, infect or delete the Platform or make it unavailable or inaccessible;
- deliberately involve manual or automated software, devices, or other processes to “crawl”, “spider” or scrape any content on the Platform;
- reproduce or decompile the Platform or to apply reverse engineering to it, unless permitted by mandatory law;
- remove and/or to circumvent security measures or technical limitations (including limitations to the use) of the Platform.
1.5 Prices and Payment
Your use of the Platform is free of charge. Organisers charge their own fees for the Travel Offers. Please be aware that you might owe the Organiser (part of) the fee in case you make a Reservation. We have no influence on, are not involved in and are not liable for your payment of Reservations.
When using the Platform, you will be able to convert the prices of Travel Offers to the available currencies. Such converted prices are indicative. At the moment of payment, the price of the Travel Offer will be converted in real-time to the currency as specified by the Organiser. This amount may differ from the amount displayed at an earlier moment. The price displayed after such real-time conversion will be the amount you are due for the relevant Reservation. The Platform can demand payment in the national currency of the user and the foreign currency claim can be converted based on the current exchange rate at the time the contract is concluded. The Platform can charge the user a suitable conversion charge for this.
Since the Organisers are responsible for the payments terms, you cannot derive any rights from the currencies or payment methods available at a certain moment. Furthermore, Hello Sabah is not responsible for and has no influence on the applicable payment terms.
IP Rights
All intellectual property rights relating to the Platform, including copyrights, trade mark rights, patent rights, design rights, trade name rights, database rights, and neighbouring rights, as well as rights to knowhow (“IP Rights”), are owned by Hello Sabah, its licensors or our Organisers. Nothing in these Terms of Use constitutes the transfer of any IP Rights from Hello Sabah to you. You are solely granted a right to use the Platform if you act in accordance with the Terms of Use.
By uploading reviews and other content, you grant Hello Sabah a royalty-free, worldwide, non-exclusive, sub-licensable and transferable right to reproduce this content and make it available on the Platform, including the right to use (parts of) this content, for promotional purposes and other services in connection with the Platform.
You represent and warrant that you have all rights to grant the licenses as laid down in Article 4.2 of these Terms of Use, without infringing or violating any third party rights, including but not limited to, any privacy rights, publicity rights, IP Rights or any other proprietary rights. You indemnify Hello Sabah against any and all third party claims, based upon any alleged infringement of such third party rights in relation to the content you submitted.
1.6 Privacy
1.6.1 In order to make use of the Platform it is required that you provide Hello Sabah with personal information such as your name and e-mail address. The provision of this information is subject to legislation in respect of privacy as stated in the Personal Data Protection Act. Hello Sabah only uses your personal data in accordance with the Privacy Policy.
1.6.2 In order to submit a Request or make a Reservation, you may be required to provide personal data to an Organiser. The Organiser is responsible for the processing of such data and shall do so in accordance with its own privacy statement. We shall not be liable for any damages incurred by you due to the processing of your personal data by an Organiser.
1.7 Liability
Any liability on Hello Sabah’s part for damages other than direct damage, including but not limited to indirect loss, consequential loss, loss and/or damage of data or content, loss of profit and loss of revenue, loss of savings, reduced goodwill, damage by business interruption and damage as a result of claims from third parties is excluded.
In case you made a Reservation or booked an Experience Offer with the Organiser directly, while you initiated the contact with the Organiser through our Platform and you did not inform us immediately – in every case within five (5) working days and under no circumstances after the date of arrival – about such act outside our Platform, Hello Sabah will no longer accept any liability with regard to the Platform or any services provided in relation to the Platform.
The restrictions mentioned in the preceding paragraphs of this article will lapse if and in so far as the damage is the result of intentional or wilful recklessness on the part of Hello Sabah or its managers (“own actions”).
In other words:
1.8 Warranties and indemnifications
Except as expressly provided in these Terms of Use, Hello Sabah makes no warranties of any kind, whether express, implied, statutory or otherwise, including but not limited to any warranties of merchantability or fitness for a particular purpose, quality, safety, integrity or accuracy of the Platform. Furthermore, Hello Sabah does not guarantee that the Platform shall lead to a successful travel experience or to the achievement of any skills, levels and/or experiences related to a particular travel experience.
The conclusion and performance of Reservations, including any payment obligation resulting therefrom, as well as the cancellation of Reservations is the sole responsibility of you and an Organiser. You indemnify Hello Sabah from all claims submitted by an Organiser or a third party that relates to Reservations made by you with that specific Organiser, as well as to the payment of such Reservations. However, Hello Sabah will provide assistance to you to the best of its abilities in case any issues arise between you and an Organiser in order to resolve those issues.
Notwithstanding the abovementioned, Hello Sabah guarantees that you get a refund of what you have paid
i) when you cancel your Reservation in conformity with the Organiser’s terms and conditions regarding cancellation, and
ii) when your stay is in fact shorter than what was offered by the Organiser in the Experience Offer.
You guarantee that you will not use the Platform in a way that:
- infringes the rights of Hello Sabah or third parties such as other users or Organisers, including but not limited to IP Rights or rights in relation to the protection of privacy;
- is contrary to any current legislation or regulations; or
1.8 Unlawful content
1.8.1 Hello Sabah is not responsible for any content made available on the Platform. Hello Sabah will only, under the conditions as set out in this article, be obliged to remove or block access to content that is manifestly unlawful or to stop manifestly unlawful behaviour after receiving a notification that is sufficiently precise and adequately substantiated.
1.8.2 Hello Sabah has established a procedure, by which any alleged unlawful content available on the Platform can be reported to Hello Sabah. This can be done by flagging the specific content as unlawful, whereupon Hello Sabah shall receive a notification.
1.8.3 Hello Sabah reserves the right to not grant a request to remove or block access to reported content in case it has reasonable grounds to doubt the accuracy of the notification or after a balancing of interests. In such a situation Hello Sabah can request a court order from a competent court in Malaysia to determine whether the material or the activity is unlawful and should be removed.
1.8.4 Hello Sabah will not be a party in a dispute between the person making the report and any third party arising out of or in connection with a notification of unlawful content.
1.8.5 The person that has reported unlawful content indemnifies Hello Sabah from all claims of third parties in relation to the blocking or removal of content. The indemnification includes all damages and costs Hello Sabah suffers, could suffer or which Hello Sabah incur in relation to such a claim, including but not limited to the compensation of legal assistance.
1.8.6 Hello Sabah respects and protects the privacy of those who report (alleged) unlawful content. All personal data Hello Sabah receives as part of a notification will always be processed in accordance with the applicable privacy legislation and will only be used to process the notification.
1.9 Applicable law and compentent court
The Terms of Use and the use of the Platform are governed by Malaysian law. Any and all disputes arising from or related any agreement between Parties will be brought before the competent court in Malaysia.
Hello Sabah may transfer rights and obligations arising from these Terms and Conditions to third parties and will notify you of this. The Organiser is not permitted to transfer any right derived from an Account to third parties without Hello Sabah’s prior written consent.
If at any time any provision of these Terms and Conditions is or becomes illegal, void or invalid for any reason whatsoever, such invalidity shall not affect the validity of the remainder of these Terms and Conditions and such invalid provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.
