User Agreement

Table of Contents

• General Terms and Conditions
• Terms and Conditions of Purchase
  

Part 1 General Terms and Conditions

Introduction and Acceptance of Terms

This User Agreement ("Agreement") is made between IBIZ Solutions, Inc., a Delaware Corporation ("IBIZ") which owns and operates the internet sites with the URL: www.sabahtravelguide.com ("the Web Site") and you who access and/or visit or cause to access and/or visit the Web Site ("you/your").

Your usage, access, visit or shopping at the Web Site is on express condition that you accept without variation the terms and conditions set out herein. The information contained in these webpages may be amended by us from time to time without notice to you. You need to review these webpages each time you use these Sites.

Your usage, access, visit or shopping at this site constitutes your agreement to all the terms and conditions in force for the time being as set out herein. If you do not agree to any part of the following terms or conditions, you must not use these Sites.

1. YOUR OBLIGATIONS.

You agree to :

2. REPRESENTATIONS WARRANTIES.

You fully represent and warrant that:

3. SOFTWARE AND COPYRIGHT

These Sites and all content on these Sites ("the Content") is the property of IBIZ and/or it’s third party providers, fulfillment providers, airlines, other travel product suppliers or independent supplier(s) ("Suppliers") or the party credited as the provider of such Content. IBIZ retains all rights (including, but not limited to trademark rights, copyright and patent rights) with respect to all software and underlying information or material available through these Sites.

The Content is intended solely for your personal, non-commercial use. You may not copy, print, reproduce, reengineer, disassemble, upload, download, store, display in public, alter or modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided herein), create derivative works from, distribute, perform, display or in any way exploit, any of the Content, in whole or in part.

You are not to download or otherwise export or re-export any software or underlying information or material available through these Sites, except to the extent that such downloading occurs in the course of using these Sites in accordance with our written instructions or otherwise as expressly permitted in this Agreement. All rights not expressly granted herein are reserved. This clause shall survive any termination of this Agreement.

4. DISCLAIMER

Your use of these Sites is at your sole risk. These Sites (including the products and services) is provided on an "as is" basis and you assume total risk and responsibility for your use of these Sites.

To the maximum extent permitted by law, IBIZ assume no responsibility whatsoever and howsoever and specifically disclaims all warranties, express or implied, in respect of these Sites including, but not limited to, merchantability, fitness for a particular purpose, non-infringement of intellectual property or other proprietary rights or compatibility between these Sites and any software or hardware.

The information contained in these Sites is subject to change without notice.

IBIZ neither warrants nor makes any representations regarding the accuracy or completeness, quality or adequacy of these Sites or of any of the data or information contained in these Sites or that the use of these Sites will be timely, uninterrupted, secure or error free or that any information, data, content, software or other material accessible through these Sites will be free of bugs, viruses, worms, trojan horses or other harmful components. IBIZ will not be responsible for any loss resulting from your reliance on any information provided on these Sites.

5. LIMITATION OF LIABILITY

IBIZ ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT SHALL IBIZ NOR ITS SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH

EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.

Notwithstanding anything contained in this Agreement, the liability of IBIZ and/or its Suppliers and their officers, directors, employees and agents shall in no event exceed, in the aggregate, United States Dollars Fifty Only.

6. ACKNOWLEDGEMENT

Your acceptance of the entire terms and conditions of IBIZ as set out in this Agreement and in particular, Clauses 4 and 5, are fundamental elements of the basis of the bargain between you and IBIZ, and you agree that IBIZ would not otherwise be able to offer the products and services on its present basis without your acceptance of such terms and conditions. This clause shall survive any termination of this Agreement.

7. FORCE MAJEURE

IBIZ will not be held liable or any damages or loss arising from any events which are beyond the reasonable control of IBIZ or any of its Suppliers. Such an event shall include Acts of God, earthquakes, typhoons, flood, natural disaster or fire, strikes, dangers incidental to sea, land and air travel, government action, compliance with any laws, regulations or orders, default of any Suppliers, civil war, industrial disputes, power failure, hardware and or system failure, malfunction or breakdown, failure of internet transmission or links, system hacking, software contamination, or corruption, howsoever caused.

8. RESTRICTION/ CANCELLATION OF SERVICE

IBIZ may, at any time and at its sole discretion and without cause or notice, terminate or restrict your access to any component of these Sites or refuse to give effect to any booking or booking/reservation requested by you, terminate your password, account (or any part thereof) or use of these Sites, and remove and discard any Content within these Sites, without being required to give any reasons or advance notice to you.

Further, you agree that IBIZ shall not be liable to you or any third-party for any termination of your access to these Sites.

9. INDEMNITY

You shall indemnify and keep IBIZ and/or any of its Suppliers and their officers, directors, employees and agents indemnified against all claims, demands, actions, proceedings made or brought against IBIZ arising from your use of these Sites and/or any breach of any term or condition by you.

10. LINKS TO THIRD PARTIES

These Sites may contain hyperlinks to web sites operated by third parties. The inclusion of hyperlinks to any such web sites does not imply IBIZ's endorsement of such web sites nor any association with their operators. IBIZ is not responsible for the contents of other web sites. linking to any hyperlinked web sites is done at your own risk and subject to the specific terms and conditions (if any) of such hyperlinked sites.

These Sites also may contain advertisements by third parties. Unless otherwise specifically stated on these Sites, we do not endorse or make any representation or warranty regarding the liability or quality or accuracy of any products or services featured in, or linked to any advertisements that appears on these Sites.

11. VARIATIONS

IBIZ reserves the right to change the terms, conditions, and policies under which IBIZ’s products and services are offered. You are responsible for regularly reviewing these terms and conditions including such additional, modified or varied terms posted from time to time.

Your continued use of these Sites shall constitute your acceptance of the terms and conditions, as modified.

12. SEVERABILITY

Any provision of this Agreement which is invalid, prohibited or unenforceable shall:

13. RELATIONSHIP BETWEEN THE PARTIES

No joint venture, partnership, employment or agency relationship exists between you and IBIZ as a result of this Agreement of your use and/or access, visit or shopping at these Sites.

14. ADDITIONAL/SPECIFIC TERMS AND CONDITIONS

Additional terms and conditions and policies posted on these Sites may apply to your booking/reservations and purchase of IBIZ's products and services and use of other components of the Sites and you agree to abide by these terms, conditions and policies and other components of these Sites.

15. NON-ASSIGNMENT

You may not assign, convey, sub-contract, delegate or substitute howsoever your rights, duties or obligations hereunder the Agreement.

16. MODIFICATION

IBIZ may at any time modify these terms and conditions without notice to you and your usage of these Sites shall be conditioned upon the terms and conditions in force at the time of your use.  

17. ENTIRE AGREEMENT

This Agreement (including Parts 1 to 5) constitute the entire agreement between the parties in respect of its subject matter and supersedes all prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except by us herein.

18. GOVERNING LAW

This Agreement and its performance shall be governed by and construed in accordance with the laws of the state of Delaware, USA and the state of Sabah, Malaysia.

Part 2 TERMS AND CONDITIONS OF PURCHASE

Please note that the booking/reservation and purchase of all our products and services (collectively referred to as "the Travel Products") are subject to the following terms and conditions AND other terms imposed by our third party providers, fulfillment providers, airlines, other travel products and independent supplier(s) ("Supplier") from time to time ("Supplier Terms").

By effecting a booking of the Travel Products through these Sites, you expressly agree to be bound by terms and conditions herein and the Supplier Terms.

1. CHANGES TO RATES

The rates quoted in respect of the Travel Products are subject to change without notice.

2. REMOVAL OF TRAVEL PRODUCTS

IBIZ reserves the right at any time and from time to time to remove, modify or discontinue, temporarily or permanently the Travel Products (or any part thereof) with or without notice. You agree that IBIZ shall not be liable to you or to any third party in any way for any modification suspension or discontinuance of the Travel Products.

3. RESERVATIONS

1. IBIZ and their Suppliers are entitled at their discretion to refuse and/or decline to accept any booking or reservation placed through these Sites.

2. You are responsible for your travel planning and any bookings or reservations made based on such planning. IBIZ will not be held liable nor entertain a refund of any nature should you book or reserve a Travel Product that is not suitable.

3. If you have any special requests these will be passed on to the relevant Suppliers but cannot be guaranteed by IBIZ.

4. Unless otherwise stated, all bookings or reservations are non-exchangeable and non-transferable.

4. TRAVEL PRODUCTS

All Travel Products posted on these Sites are offered by independent Suppliers and are subject to their terms and conditions and the availability of the Travel Product. IBIZ do not independently verify the accuracy and quality of the information and does not guarantee its accuracy, completeness or adequacy.

IBIZ merely acts as a electronic booking platform for Travel Products of the Suppliers and shall not be responsible nor liable for:

IBIZ shall not be considered a party to any transaction between you and any Supplier whether or not IBIZ may have received some form of revenue or remuneration in connection with such transaction or be liable for any costs or damages arising out of, either directly or indirectly from you or any other person involved or related to the transaction.

5. NON-AVAILABILITY

All Travel Products offered on these Sites are subject to availability and acceptance, at the discretion of the Supplier of such product or service.

In the event a Travel Product booked by you is not available, IBIZ shall use its reasonable endeavours to suggest an alternative product or service of similar pricing and quality.

Where the Travel Product is either not available or our suggested alternative (where applicable) is not acceptable to you but is nevertheless fully paid, we shall make a refund in accordance with our Refund Policy.

If you fail to accept our suggested alternative Travel Product by the specified deadline, we reserve our right to cancel our tentative booking of the same.

6. CHANGES TO ITINERARY

To change your itinerary, you must cancel your booking/reservation and make a new booking/reservation. You agree not to hold IBIZ liable in the event you fail to secure previously booked/reserved Travel Products whether or not for the same period while effecting such new booking/reservation.

All cancellations are subject to the current cancellation policies in force stipulated by the Suppliers and IBIZ. You are liable for any additional charges or expenses imposed by the Suppliers and IBIZ in respect of such changes or cancellation.

7. REFUND POLICY

In the event you decide to cancel your booking/reservation, you may be entitled to a refund depending on the current policy in force of IBIZ and the Supplier who supplied the Travel Product to you. As the Refund Policy of different individual Suppliers may differ (the same Supplier may also stipulate different Refund Policies for different Travel Products), the Refund Policies for different travel products may differ from travel product to travel product.

Following is a general guide:

Cancellation within 21 days before date of arrival – 25% cancellation fee
Cancellation within 14 days before date of arrival – 50 % cancellation fee
Cancellation within 7 days before date of arrival – no refund

An additional 10% of the total tour cost will be levied for administration charges.

8. TRAVEL REQUIREMENTS

It is your responsibility to obtain a visa (where required) and other relevant travel document at your own costs.

Please ensure you have a valid passport for the duration of your trip. If you require any further information on passport or visa requirements please contact the relevant embassies of your destination countries.

9. AIRLINES’ FREQUENT FLYER PROGRAMS

IBIZ does not warrant that frequent flyer programs may be accepted by the Suppliers.

10. VALIDITY OF CREDIT CARD

Submission of a booking/reservation or a booking/reservation request by you shall be deemed to be IRREVOCABLE AUTHORISATION by you to IBIZ for IBIZ to check the validity of the credit card details submitted and the outstanding credit limit through whatsoever means.

11. FORCE MAJEURE

Neither IBIZ nor the Supplier shall be liable for damages of any kind arising out of changes to the rates, route, timetable, itinerary in respect of the Travel Product due to unforeseen circumstances or circumstances beyond our control.