1. A reference to the “Alorie Site”
is to www.aloriehospitality.com and all web pages thereunder, including the content, information, applications, programmes, images, links, sounds, graphics, video and other materials which may be displayed therein and the functionalities or services provided therein (collectively the “Content”). “You” refers to such party who is given access or use of the Alorie Site by Alorie Hospitality. Acceptance of Terms
2. Use of Alorie Site
ii. You agree and undertake NOT to:
(a) use any software or material that contains a virus or damaging component which may corrupt the Alorie Site’s data or interfere with the operation of the Alorie Site;
(b) transmit any materials or information through the Alorie Site which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect, contains any viruses or damaging components which may detrimentally interfere with the Alorie Site or the operation of the Alorie Site; or
(c) use the Alorie Site other than in conformance with the acceptable use policies of any connected computer networks and any applicable internet standards.
3. Intellectual Properties
i. The intellectual property rights in the Content and Alorie Site are owned, licensed to or controlled by Alorie Hospitality or its licensors. Alorie Hospitality aggressively enforces its intellectual property rights to the fullest extent of the law.
ii. Any reproduction, republication or distribution of any of the Content of the Alorie Site without the express written consent of Alorie Hospitality is prohibited. Without prejudice to the generality of the foregoing, no part or parts of the Alorie Site or any Content may be displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of Alorie Hospitality or other copyright owners. Permission will only be granted to you to download, print or use the Content for personal, non-commercial uses, provided that you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content.
iii. The name of “Alorie Hospitality” and the components of its logo are registered trademarks, owned by the following company:
Lot C-03-04, Block C
3rd Floor, Warisan Square
Jalan Tun Fuad Stephens
88000 Kota Kinabalu, Sabah
iv. The Alorie Site may display, contain or make reference to trademarks, service marks, trade names, logos, and patents, trade secrets, copyright, technologies, products, processes or other proprietary rights of Alorie Hospitality and / or other parties. Nothing on the Alorie Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the name of Alorie Hospitality or any trademarks, service marks, trade names, logos, patents, trade secrets, copyright, technologies, products, processes or other proprietary rights of Alorie Hospitality and / or other parties, without the prior written permission of Alorie Hospitality or other applicable owner. Alorie Hospitality expressly prohibits the use of the name of Alorie Hospitality and any other trademark, service marks, trade names or logos owned by Alorie Hospitality in any manner, without the prior written permission of Alorie Hospitality.
(a) You shall have no right of confidentiality in such contents of transmissions or communications and Alorie Hospitality shall have no obligation to protect your communications from disclosure;
(b) Alorie Hospitality shall be free to reproduce, use, disclose, host, publish, transmit and distribute all such contents of transmissions or communications or any part thereof to others without limitations, and you hereby grant to Alorie Hospitality a non-exclusive, world-wide, royalty-free, irrevocable licence and right to do the same; and
(c) Alorie Hospitality shall be free to use any ideas, concepts, know-how or techniques contained in such contents of transmissions or communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.
vi. You are solely responsible for all contents of your transmissions or communications through the Alorie Site, and you hereby warrant and represent that you have the right and authority to submit such contents of transmissions or communications, and that such contents of transmissions or communications do not infringe the intellectual property rights or any other rights of any third party.
4. Warranties / Representation
i. No Binding Offer
The Content of the Alorie Site is intended for informational purposes only and does not in any case constitute a legally binding offer.
ii. No Reliance (Accuracy, Reliability and Completeness of Site)
While Alorie Hospitality makes good faith efforts to verify that the Content of the Alorie Site is accurate, complete and current, Alorie Hospitality or its contractual partners make no express or implied warranty or representation (including liability towards third parties) as to its accuracy, reliability or completeness, and expressly disclaims any liability for errors, delays or omissions in the Content or for any action taken in reliance on the Content.
iv. The Alorie Site contains information on Alorie Hospitality’s worldwide products and services, not all of which are available in every location. A reference to Alorie Hospitality product or service on the Alorie Site does not imply that such a product or service is or will be available in your location.
5. Liability Waiver
i. Your use of the Alorie Site or reliance on any Content is at your own risk. Under no circumstances shall Alorie Hospitality and / or its contractual partners, any of its affiliates, officers, directors, employees, subsidiaries or parents be liable for any loss, damages or expenses, whether direct, indirect, punitive, special, incidental, or consequential damages or economic loss, and including, without limitation, lost revenues or lost profits, whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly out of or in any way connected to the access to or use of, reliance on, or inability to access or use, the Content or the Alorie Site, or resulting from the access to, or inability of access to linked web sites, whether based on contact, tort, strict liability or otherwise, even if Alorie Hospitality and / or its suppliers has / have been advised of the possibility of damages.
ii. The Content of the Alorie Site is provided ‘AS IS’ and ‘AS AVAILABLE’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of title, merchantability, satisfactory quality or fitness for a particular purpose, or non-infringement of third party rights.
6. No Warranty For Virus-Free Content
i. Alorie Hospitality assumes no responsibility for, and makes no warranty that, any of the Content or that the Alorie Site will be provided uninterrupted or error-free, that any identified defects will be corrected, or that the Alorie Site (including its Content) or the servers that make it available will be free of any viruses or other malicious, destructive corrupting code, agent, program, macros or other harmful components.
i. No responsibility for or endorsement of linked web sites
The Alorie Site may contain links to other web sites or content on the Internet, which are owned or operated by third parties. Such linked web sites or content are not under the control of Alorie Hospitality and Alorie Hospitality is not responsible for the information, products, services or other material obtained on such other web sites and will not be liable for any damages arising from the access to or use of such a web site. The inclusion of these links does not imply an endorsement of the linked sites, the content therein including any linked addresses. You agree that your access to or use of such linked web sites or content is entirely at your own risk.
ii. No linking without consent of Alorie Hospitality
The insertion of a hyperlink to the Alorie Site, on any other website or webpage or “mirror” of the content on any other server is prohibited without express, prior written consent of Alorie Hospitality.
8. Data Security on the Internet
i. General Information
Please take into consideration that the World Wide Web is a publicly accessible system. Alorie Hospitality does not warrant the security of any information transmitted by you or to you through the Alorie Site. Each time personal information is made available online this is done at your own risk, and you accept the risk that any information transmitted or received through this Alorie Site might be lost under way or may be accessible to unauthorised third persons. Transactions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.
The Alorie Site is not configured to collect any identifiable personal information from the visitor while browsing on it. It collects information for general statistical purposes only. Unless you voluntarily provide Alorie Hospitality with your personal information (for example your first and last name, title, mailing address, e-mail address, telephone and fax number, language, employer, business title, divers preferences regarding accommodation and travel habits or other personal identifying information) it will not be available to Alorie Hospitality.
iii. Internet Protocal (IP) Address
Every time you browse the Internet an IP address is automatically assigned to your computer. When users request a page from the Alorie Site, Alorie Hospitality’s servers log the user’s current IP address. IP addresses are used to diagnose problems.
The Alorie Site puts to use ‘cookie’ technology. These cookies are designed to facilitate your visit on Alorie’s Site.
v. Encryption System
When you provide personal information as for example your name, address or credit card number while making a reservation, your information is encrypted. After your information reaches Alorie Hospitality it is stored on a secure server that resides behind a firewall. The firewall is designed to block access to this data from outside Alorie Hospitality.
9. Personal Data and Privacy
10. Force Majeure
Alorie Hospitality shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in the Alorie Site’s operation, or for any inaccuracy, unreliability or unsuitability of the Alorie Site’s Contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom Alorie Hospitality is not responsible for).
Alorie Hospitality may delegate the performance of any of its functions in connection with the Alorie Site and reserves the right to use any agents on such terms as it deems appropriate.
You agree that Alorie Hospitality may, at its sole discretion, deny you access to the Alorie Site for any reason, including without limitation, if Alorie Hospitality believes that you have violated or acted inconsistently with any terms or conditions set out herein, or if in Alorie Hospitality’s opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Alorie Site.
13. Governing Law and Jurisdiction
By accessing and using any services of the Alorie Site, you and Alorie Hospitality agree that all matters relating to and / or any disputes arising out of your access to, or use of the Alorie Site shall be governed by and interpreted and construed and enforced exclusively in accordance with the laws of Malaysia, without regard to the conflicts of law principles thereof, and you hereby submit to the non-exclusive jurisdiction of the Malaysia Courts.
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