PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The documents, data, information and other materials (collectively the "Material(s)") contained on the Web Site (the "Site") are provided by Damai Beach Resort (DBR) exclusively for non-commercial, individual use by prospective and confirmed DBR guests and/or Insiders Club Members to inquire about or make travel reservations and related services and for no other purpose (collectively, “Authorised Users”).
BY ACCESSING, USING, VIEWING, TRANSMITTING, CACHING OR STORING THIS SITE OR ANY OF ITS SERVICES, FUNCTIONS, MATERIALS, OR CONTENTS, YOU SHALL BE DEEMED TO HAVE AGREED TO EACH AND ALL THE TERMS, CONDITIONS, AND NOTICES IN THIS SITE ("AGREEMENT") WITHOUT MODIFICATION. If you are not an Authorised User, and if you do not agree to the terms of this Agreement, you may not use this Site or download any Materials from it.
DBR reserves the right to change the terms, conditions, and notices under which the Materials and the Site are offered at any time.
AGREEMENT FOR USE. You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use this Site in accordance with all terms and conditions herein. You agree to be financially responsible for all of your use of this Site (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate and without limitation, or any false or fraudulent reservation. You agree that the reservations facilities of this Site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorised to act. You understand that overuse or abuse of the reservation facilities of this Site may result in your being denied access to such facilities.
For any reservations or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of rates, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.
WIRELESS RESERVATIONS. Functionality is not guaranteed with all types of mobile devices in using this Site. In addition, the connection to a mobile device will not work if your device is not configured for SSL encryption. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.
LIMITED LICENSE TO VIEW AND COPY. The content and information displayed on this Site is the property of DBR and/or other parties. The downloading, reproduction, or retransmission of DBR information, other than for non-commercial individual use, is strictly prohibited.
This Site is to be used by Authorised Users for personal use only. Commercial uses of this Site are strictly prohibited. If you are currently an Authorised User, you are granted a limited, non-transferable, revocable license to view and copy the Materials solely for your personal use, subject to the restrictions below.
PROHIBITED CONDUCT. You agree not to: (a) copy, display, modify, reproduce, or otherwise transfer any of the Materials to any third party without the prior written permission of DBR. (b) interfere or disrupt networks connected to the Site; (c) use or attempt to use any device, software or routine which interferes with the proper functioning of the Site or any transactions being offered through the Site; (d) transmit files, data or other materials containing a computer virus, corrupted data, worms, “Trojan horses” or other instructions or design that would erase data or programming or cause the Site or any equipment or system to become inoperable or incapable of being used in the full manner for which it was designed; (e) deliver any communication to or through the Site which violates any local, state, federal or international law; (f) deliver any communication to or through the Site that contains defamatory, libellous, abusive or obscene material; or (g) deliver any communication to or through the Site that will infringe upon the rights of any third party.
INTELLECTUAL PROPERTY RIGHTS. This Site and the Materials contain and reference trademarks, patents, trade secrets, technologies, products, processes, or other proprietary rights of DBR and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of DBR and/or other parties is granted to or conferred upon you.
No Materials may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not remove any copyright, trademark notice or proprietary notices from the Materials; or use the Materials or this Site except as permitted in this Agreement. The use of any Materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilise framing techniques to frame any DBR trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other "hidden text" utilising our name, trademarks, or other proprietary information.
COPYRIGHT AND TRADEMARK NOTICES. All contents of this Web site are the copyrighted property of DBR.
OWNERSHIP OF MATERIALS. The Materials are confidential and proprietary information of DBR.
LINKED WEB SITES. This Site includes links to other web sites. DBR provides such links solely as a convenience to you and for informational purposes only. DBR has not reviewed all of the information on these other web sites. The inclusion of these links in no way indicates DBR’s endorsement, support or approval of the content, advertising, products, services, policies, or other materials on or available from such web sites. Neither DBR, nor any other providers of products or services related to this Site, shall be responsible for the content of any other web sites and make no representation or warranty regarding any other web sites or the contents or materials on such web sites. If you decide to access other web sites, you do so at your own risk. Other web sites may include links to the Site. The inclusion of such links does not indicate the other web site’s endorsement, support or approval of the content, advertising, products, services, policies, or other materials on or available from the Site.
SECURITY. If you have been provided with a login and password, then any such login and password are for your personal use only. You may not reveal your login or password to anyone else or permit anyone else to use your login and password to access the Site. You are responsible for maintaining the confidentiality and security of your login and password and accept responsibility for all activities that occur under your account or password. You must notify DBR immediately in the event that the security of your login or password has been breached.
DISCLAIMER. THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Further DBR does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the Materials. DBR may make changes to the Materials, or the programs, policies or other information described in the Materials, at any time without notice. DBR makes no commitment to update the Materials.
LIMITATION OF LIABILITY. IN NO EVENT SHALL DBR BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS OR DATA, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE OR THE MATERIALS, OR THE PERFORMANCE OR NON-PERFORMANCE BY DBR OR ANY THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THIS SITE, THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY OF RECOVERY, EVEN IF DBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TERMINATION/ACCESS RESTRICTION. DBR reserves the right, in its sole discretion, to modify your access or terminate your access to the Site and the Materials or any portion thereof at any time, without notice.
NOTICES. All notices and other communications permitted or required by the provisions of this Agreement may be given by electronic mail, conventional mail or, if by DBR, by posting such notice on this Site. Notice is deemed given upon receipt by you if sent by electronic mail or conventional mail, or immediately upon posting to this Site.
MISCELLANEOUS PROVISIONS. Any claim relating to this Agreement or the Materials shall be governed by the laws of Malaysia. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior oral and written agreements. No failure or delay on the part of DBR in exercising any right or remedy hereunder or enforcing the terms and conditions of this Agreement will operate as a waiver thereof. If any part or provision of this Agreement is found to be invalid, unenforceable, or void, then the remaining portion shall remain in full force and effect. Headings are for convenience only and not for use in interpretation of this Agreement.