Use of your account is expressly limited to you. Your account may not be transferred or shared with any other party, temporarily or permanently. |
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1.1.3 |
You are entirely responsible for all use of your account and for the confidentiality of your password. You are entirely responsible for any and all statements made and activities that occur through your account. You agree to notify us immediately of any unauthorized use of your account. To protect your privacy, the Company will suspend access or change access to your account immediately upon notification by you that your password has been lost, stolen or otherwise compromised. |
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1.1.4 |
To cancel your account, you agree to delete yourself from our database on the 'My Profile' page. In the event of termination, you will remain obligated not to violate the rights of any person or entity with respect to any materials you may have received or downloaded via www.tunetravel.com.my |
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1.1.5 |
1.1.5. You are responsible for all telephone or internet access charges related to connecting to www.tunetravel.com.my . |
2.0 Journey matching and groups
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2.1 |
Tune Travel does not intend to be a service of any sort, merely a method by which individuals may initiate contact with each other. |
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2.2 |
Users of Tune Travel are advised that no checks whatsoever are made against anyone joining the network either offering or accepting offers of lifts. Individuals should, therefore, exercise caution and satisfy themselves that the person or persons that they are travelling with are suitable. |
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2.3 |
The Company takes no responsibility for any personal or financial consequences, which result from the use of this site. We simply provide a "virtual notice board" which allows you to post journeys, search for matches and contact individuals. |
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2.4 |
Please note that links to websites created and/or maintained by organisations other than the Company are provided as part of the effort to promote travel sharing and other vrelated advertising. However, the Company cannot accept any liability for their accuracy or content and does not necessarily endorse the views expressed within them. We cannot guarantee that these links will work all of the time and we have no control over the availability of the linked pages. |
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2.5 |
Tune Travel is designed to accommodate a diversity of interests and opinions. Just like any community, however, group administrators and participants must conduct themselves in an appropriate manner. Tune Travel may not be used to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would harm the Company's business interests, constitute a criminal offence, exploit children, violate rights of others, or otherwise violate any applicable local, state, national, or international law. The Company reserves the right to remove any group or participant, which in its sole judgement, violates these guidelines. |
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2.6 |
The Company and its affiliates are under no obligation to monitor or review discussions, chats, postings, transmissions, and groups. |
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2.7 |
Further, the Company reserves the right, at any time and for any or no reason, to limit, deny, modify or discontinue Tune Travel with or without notice to you. The Company shall not be liable to you or any third party should the Company exercise its right to modify or discontinue Tune Travel. |
3.0 Rules of online behaviour. You agree to the following terms and conditions:
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3.1 |
You are prohibited from posting, publishing, distributing, uploading, downloading, disseminating, transmitting or linking to other web sites that contain material which |
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3.1.1 |
Is unlawful, defamatory, fraudulent, libellous, threatening, abusive, disruptive, sexually explicit, bigoted, harassing or obscene material |
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3.1.2 |
Would violate the privacy, publicity proprietary or other rights of any person or entity |
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3.1.3 |
Constitutes or promotes a criminal offence, or otherwise violate any local, state, national, or international law. |
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3.1.4 |
Contain corrupted files, viruses, trojan horses, worms, time bombs or any other harmful contaminating, or destructive features. |
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3.1.5 |
Contain contests, pyramid schemes, chain letters, junk mail, spamming or flaming |
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3.1.6 |
Advertise, promote, market, solicit orders for or offer to buy, sell, lease or license products, goods and services. Use of Tune Travel for advertising or promotion of a commercial product or service without the express, written consent of the Company is prohibited. |
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3.2 |
You are prohibited from uploading or reproducing any information protected by copyright without obtaining permission of the copyright owner. Only public domain files, and files in which the author has given you express consent to copy and redistribute online or otherwise, may be uploaded to Tune Travel, including any software files or libraries. |
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3.3 |
You are prohibited from harvesting, aggregating, mining, copying or otherwise collecting information about others, including but not limited to names, email addresses, passwords, telephone numbers, usage information without their consent. |
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3.4 |
You are prohibited from stalking or harassing others. You are further prohibited from creating a user id to creating a false identity for the purpose of misleading others of your identity or to impersonate another person. |
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3.5 |
You may not attempt to gain unauthorized access to, tamper with, modify, or hack Tune Travel. |
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3.6 |
Information and materials which you find published on Tune Travel may be the property of Tune Travel or an information provider, and may be protected by copyright or may contain protected trademarks. You may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials. |
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3.7 |
You may not violate any applicable law or regulation of any relevant jurisdiction. |
4.0 Policies for members under 18 years of age
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4.1 |
If you are under 18, you must have parental consent to use the Tune Travel network. |
5.0 Member representations, warranties and acknowledgment
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5.1 |
You warrant that all material that you submit for publication or posting on Tune Travel will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libellous. You grant Tune Travel a non-exclusive, irrevocable, right to copy, display, sublicense, transmit, and create derivative works to, the information or materials you have published or posted on, or distributed through the Tune travel network. Tune Travel reserves the right, in its sole discretion, but is under no obligation, to refuse to post, delete or edit information that you submit or enter onto Tune Travel, including but not limited to electronic message boards, databases, and software libraries. You agree that you will not hold, nor seek to hold, the Company liable for the loss of data or the misappropriation or infringement of any intellectual property right (including but limited to any copyright or moral right) to which you claim ownership. |
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5.2 |
You acknowledge and agree that neither the Company nor its third party service providers endorse the content of any member and is not responsible or liable for any content, even though it could be unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that the Company and its third party service providers do not pre-screen content, but that the Company and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Tune Travel network. the Company does not control the content posted via the Tune Travel network and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Tune Travel Network, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Tune Travel network. |
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5.3 |
Any links included within the Tune Travel network may permit you to leave the Tune Travel web site. You acknowledge that these linked sites are not under the control of www.tunetravel.com.my and www.tunetravel.com.my shall not be responsible for the contents of any linked site or any link contained in a linked site. All such sites shall be subject to the policies and procedures of the owner of such site. The Company is not responsible and shall have no liability for webcasting, or any other form of transmission received from any linked site. |
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5.4 |
If ordering merchandise and/or services from anyone other than the Company, through any commercial service accessible via the www.tunetravel.com.my, all transaction terms including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance, and delivery, are solely between you and the seller of the merchandise or services. You are solely responsible for fulfilling any contractual/e-commerce or other obligations you assume using the service. The Company makes no warranties or representations whatsoever with regard to any goods or services provided by the seller of the merchandise or services and shall not be liable for the costs or damages arising, either directly or indirectly, from the products or services or from the actions or inactions of the seller. |
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5.5 |
You acknowledge that the Company has the right to archive or delete any of your journeys on the Tune Travel network which are older than 6 months. |
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5.6 |
You acknowledge that the Company does not represent or warrant the information on Tune Travel network will be uninterrupted or error-free, that defects will be corrected. |
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5.7 |
You acknowledge and agree that the Company shall retain all title, copyright and other proprietary rights in its software and all aspects of Tune Travel. You shall not acquire any rights, express or implied, in Tune Travel network, other than those specified in this agreement. |
6.0 Termination
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6.1 |
The Company may terminate your account if it believes, in its sole discretion, that you have violated any of the rules of online behaviour. The Company may also immediately terminate your membership and right to use the Tune Travel network if: |
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6.1.1 |
You breach this agreement |
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6.1.2 |
The Company is unable to verify or authenticate any information you provide to the Company |
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6.1.3 |
Such information is inaccurate |
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6.1.4 |
The Company decides, in its sole discretion, that you have abandoned your account or |
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6.1.5 |
The Company decides, in its sole discretion, to discontinue offering the Tune Travel Network. The Company shall not be liable to you or any third party for termination of Tune travel. You may terminate your membership with or without cause at any time. Should you object to any terms and conditions of this agreement or any subsequent modifications hereto, or if you become dissatisfied with the Tune Travel Network in any way, your sole recourse is to immediately: |
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6.1.5.1. |
Discontinue use of the Tune Travel website and |
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6.1.5.2. |
Notify the Company of your termination. Upon termination of the membership, your right to use the Tune travel network immediately ceases. |
7.0 No representation or warranties
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7.1 |
Your use of the Tune Travel network is entirely at your own risk. The Tune Travel network is provided on an "as is, as available" basis. No warranties, express or implied, including but not limited to those of merchantability, non-infringement, or fitness for a particular purpose, are made with respect to www.tunetravel.com.my or any information or software therein. www.tunetravel.com.my makes no warranty that the information and/or any graphics or other content you download from the Tune Travel network will meet your requirements, or that the Tune travel network will be uninterrupted, timely, secure, or error free; nor does www.tunetravel.com.my, its licensors or suppliers make any warranty as to the results that may be obtained from the use of the Tune Travel network or as to the accuracy or reliability of any information obtained through the Tune Travel network or that defects in the Tune Travel network will be corrected. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. |
8.0 Limited liability
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8.1 |
In no event shall the Company, its licensors or suppliers be liable to you or any third party for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the Tune Travel network, and/or any graphics or other content, including but not limited to, damages for loss of profits, however caused on any theory of liability (including negligence) even if www.tunetravel.com.my has been advised of the possibility of such damages. Further www.tunetravel.com.my shall have no liability to you or other third parties for any third party content uploaded onto or downloaded from the Tune Travel network. You specifically acknowledge and agree that the Company will not be liable for the conduct, advice or statement of other members, advertiser or third parties. |
9.0 Indemnification
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9.1 |
You agree to indemnify and hold www.tunetravel.com.my, its parents, subsidiaries, officers and employees, harmless from any claims and expenses, including reasonable attorney's fees, related to: |
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9.1.1 |
Your use of the Tune Travel network, including any content provided under your account; |
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9.1.2 |
Any breach of agreement, including any abusive or unlawful behaviour on the part of you or your dependents; or |
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9.1.3 |
Breach of any warranty or representation. |
10.0 Entire agreement general terms.
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10.1 |
This agreement is governed in all respects by Malaysian law and the courts of Malaysia shall have jurisdiction. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The Company's failure to act with respect to a breach by you does not waive the Company's right to act with respect to subsequent or similar breaches. You may not assign or transfer this agreement or any rights hereunder, and any attempt to the contrary is void. This agreement shall inure to the benefit of and be binding upon each party's successors and assigns. The Company shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Company's reasonable control. Any notice required or permitted to be given to you under this agreement shall be delivered by electronic mail the email address provided by you during registration. This agreement constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. |
11.0 Privacy policy
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11.1 |
Tune Travel Sdn. Bhd. may collect and disclose data in accordance with this privacy policy. |
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11.2 |
You expressly consent for the Company to any use or disclosure of your personal identification and other personal information in accordance with this privacy policy. |
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11.3 |
Due to the existing legal and regulatory environment, the Company cannot ensure that your personally identifiable information or your private communications will not be disclosed to third parties. By way of example (and without limiting the foregoing), the Company may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, the Company can (and you hereby authorize the Company to) disclose registration data or any information about you to law enforcement or other government officials as the Company, in its sole discretion, believes necessary or appropriate. Therefore, the Company does not promise, and you should not expect, that personally identifiable information or private communications will always remain private. |
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