Terms of Use


TERMS & CONDITIONS OF USE

HOSTEL HUNTING SDN. BHD. (formerly known as MY HOSTELS SDN. BHD.) (Company No.: 1071007-U) is the owner and operator of www.hostelhunting.com/my, www.hostelhunting.com/sg and/or any other website operated by HH (collectively, “the Website”) and on which the Terms and Conditions are posted (“the Terms and Conditions”). All references to “HH”, “we”, “us” and/or “our” in the Terms and Conditions herein contained shall refer to HOSTEL HUNTING SDN. BHD. (Company No.: 1071007-U), a company incorporated under the laws of Malaysia.

PLEASE READ THESE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY AS THEY CONTAIN ALL INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS, LIABILITIES AND RESPONSIBILITIES WHATSOEVER GOVERNING THE USE OF THE WEBSITE.

ANY USE OF AND CONTINUOUS USE AND/OR ACCESS TO THE WEBSITE, IRRESPECTIVE OF WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE, SHALL SIGNIFY YOUR UNEQUIVOCAL AND UNCONDITIONAL CONSENT AND ACCEPTANCE TO THESE TERMS AND CONDITIONS, REGARDLESS OF WHETHER YOU ARE BROWSING OR MAKING A BOOKING OR LISTING OR ACCEPTING A BOOKING, SIGNING UP AN ACCOUNT, MAKING ANY PAYMENT OR USING ANY SERVICE OR ACCESSING ANY CONTENT AS THE CASE MAY BE ON THE WEBSITE.

IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, YOU HAVE NO RIGHT TO DIRECTLY OR INDIRECTLY USE OR OBTAIN ANY INFORMATION OR CONTENT FROM OR OTHERWISE USE OR CONTINUE TO USE THE WEBSITE FOR ANY PURPOSE WHATSOEVER. IF YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND CONDITIONS AND, IN SUCH EVENT, THE TERM “YOU” AND “YOUR” OR “USER” AND “USER’S” OR “OWNER” AND “OWNER’S” WILL REFER TO AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

THE TERMS AND CONDITIONS OF USE TOGETHER WITH THE PRIVACY POLICY AND ANY AND ALL OTHER NOTICES OR ADDITIONAL CONDITIONS OR POLICIES PUBLISHED BY HH ON THE WEBSITE SHALL CONSTITUTE AND BE THE SOLE AND ENTIRE AGREEMENT AND CONTRACT BETWEEN YOU AND HH ON THE USE OF THE WEBSITE.

YOU FULLY UNDERSTAND AGREE AND ACKNOWLEDGE THAT HH IS NOT A PARTY TO ANY AGREEMENTS OR CONTRACTS WHETHER ORAL OR WRITTEN ENTERED INTO BETWEEN OWNERS AND USERS. NEITHER IS HH A REAL ESTATE AGENT, BROKER, INSURER OR ARBITRATOR. WE HAVE NO CONTROL WHATSOEVER OVER THE CONDUCT OF OWNERS, USERS AND OTHER USERS OF THE WEBSITE OR ANY APPLICATION OR SERVICE OR ANY THIRD PARTY LINKS OR WEBSITE OR ANY ACCOMMODATION AND DISCLAIM ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

1. DEFINITIONS AND INTERPRETATION
1.1 In the Website unless the context otherwise requires the following words and expressions shall have the following meaning:-
"Account" means a registered account which you may open and create if you wish to access and utilise the full facilities and infrastructures of the Website.
“Accommodation” means any accommodation that is being used, managed and/or operated by the Owner for rental to a User or the like and listed on the Website.
“Balance Deposit” means the balance of the Booking Deposit after deducting the Platform Fee to be released to the Owner pursuant to Clause 16.5 hereof.
“Booking Deposit” means one month’s advance rental paid and/or to be paid by the User to HH as stakeholder for the booking of the Relevant Accommodation upon the issuance of the Booking Request Acceptance by the Owner.
“Booking Reminder” means an automatic reminder generated by the system to the Owner’s registered email with HH reminding the Owner that a Booking Request has been received.
“Booking Request” means a request to book an Accommodation sent by a User to the Owner through the Website which shall automatically lapse if not accepted by the Owner within a time period of twenty-four (24) hours from the Booking Request.
“Booking Request Acceptance” means an acceptance by the Owner to the User and HH through the Website accepting the User’s Booking Request within a time period of twenty-four (24) hours commencing from the time of the User’s Booking Request.
“Booking Acceptance Reminder” means an automatic reminder generated by the system to the User’s registered email with HH reminding the User that the User’s Booking Request has been accepted by the Owner together with the Payment Reminder.
“Check-in Code” means a code generated by the system after the Booking Deposit is received by HH in cleared funds as stakeholder and such code will be sent to the relevant User in the Confirmation Email for check-in purposes as stated in Clause 13.6 herein.
“Check-in Date” means the date of check-in stated in the Confirmation Email.
“Check-in Period” means a period of twenty-four (24) hours on the Check-in Date commencing at 00:01 of the local time where the Relevant Accommodation is located and expiring at 23:59 local time of the Check-in Date.
“Complaint Period” means a period of twenty-four (24) hours commencing from the time of expiration of the Check-in Period.
“Confirmation Email” means an email generated by the system to the User after HH’s receipt of the Booking Deposit setting out inter alia the Check-in Code for the Relevant Accommodation, the Check-in Date, Check-in Period and the tenure of the tenancy agreed upon between the Owner and the User as per the User’s Booking Request to the Owner.
“Early Cancellation” means any cancellation made by the User prior to the commencement of the Lock-in Period stated in Clause 18 herein.
"Invoice" means an invoice issued by HH to the Owner for payment of the Platform Fee for usage of the Website’s infrastructure on or after the issuance of the Confirmation Email.
“Listing” means any Accommodation that is listed by the Owner as available for rent on the Website.
“Lock-in Period” means a period of thirty (30) days prior to the Check-in Date stated in the Confirmation Email where no cancellations are allowed for all confirmed booking whereby the Booking Deposit paid to HH shall be absolutely forfeited if any cancellation is made during this period.
“Owner” means any person who has created a listing of any Accommodation on the Website upon these Terms and Conditions by his agreement, consent and acceptance to list and/or publish his Accommodation for rent on the Website and/or inter alia accepting booking and/or confirmation of booking and/or who uses the Website in accordance with the Terms and Conditions herein set out.
“Payment Receipt” means the receipt issued to the User after the receipt by HH of the Booking Deposit in cleared funds as stakeholder.
“Payment Acceptance Notification” means a notification issued to the Owner informing the Owner of the receipt of the Booking Deposit in cleared funds by HH.
“Payment Period” means a time period of twenty-four (24) hours commencing from the time of issuance of the Booking Acceptance Reminder to the relevant User.
“Payment Reminder” means an automatic reminder generated by the system to remind the User to make payment of the Booking Deposit to HH within a time period of twenty-four (24) hours commencing from the time of the issuance of the Booking Acceptance Reminder to the User, failing which the Booking Request Acceptance shall automatically lapse and the Owner shall be at liberty to free up his unit for re-listing and booking.
“Platform Fee” means a sum due and payable by the Owner to HH for the use of the facilities and infrastructures of the Website and upon each successful booking of the Relevant Accommodation after HH has issued a Confirmation Email to the relevant User in accordance with Clause 13.1 hereof. The rate of the Platform Fee will be displayed to the Owner when the Owner signs up to your Account.
“Rectification Period” means a time period of twenty-four (24) hours from the time the Confirmation Email is sent by HH to the relevant User.
“Registered Email Address” means the email address registered by any owner or user as stated in their account opening application whether as an Owner or User on the Website.
“Relevant Accommodation” means an Accommodation reserved by an Owner for the User as stated in the Confirmation Email.
“Terms and Conditions” means these Terms and Conditions of Use, the Privacy Policy, and any and all additional terms or rules or policies as may be modified from time to time and posted on the Website.
“Time” means any person who agrees and accepts to be legally bound by these Terms and Conditions and/or who accesses and/or browses and/or uses the Website and/or makes an offer to book an Accommodation through the Website and/or who books an Accommodation and/or who uses the Website or participates in the Website in any manner or capacity whatsoever or howsoever in accordance with the Terms and Conditions herein set out.
“User” means any person who agrees and accepts to be legally bound by these Terms and Conditions and/or who accesses and/or browses and/or uses the Website and/or makes an offer to book an Accommodation through the Website and/or who books an Accommodation and/or who uses the Website or participates in the Website in any manner or capacity whatsoever or howsoever in accordance with the Terms and Conditions herein set out.
“Website” means (i) the Website bearing the following domains:- www.hostelhunting.com/my, www.hostelhunting.com/sg and any other related websites or applications owned and operated by HH; (ii) any related or ancillary facilities or functions or services such as emails, short messaging services, newsletters, notifications or any other communications or contents.
“Working Day” means a business day other than Saturday, Sunday and gazetted public holidays in the State of Wilayah Persekutuan of Kuala Lumpur, Malaysia.
2. ELIGIBILITY
The Website is intended solely for use by persons who are of the age of 18 years or above. You fully understand that any access to and/or use of the Website by anyone below the age of 18 years is expressly prohibited. You should read through all the Terms and Conditions carefully. The Terms and Conditions constitute a legally binding contract between you and HH on the use of the Website and you agree, wherever required, to inter alia make payment for any services or use of the infrastructure on or through the Website.
3. ROLE AS OPERATOR OF THE WEBSITE
3.1 You expressly agree, understand and acknowledge that:-
(a) we are at all material times merely an online platform through which an Owner can list his Accommodation and in respect of which a User may browse, search, look for, book, and make payment to secure an Accommodation directly with the Owner through the Website;
(b) at all material times our role is strictly and solely limited to hosting the Description of the Accommodation listed by the relevant Owner and providing the infrastructure that enables, arrangement, booking and payment of any of the Accommodation Listed between a User and an Owner;
(c) we do not own, manage, operate or have any right, title or interest whatsoever or any possession or control whatsoever in or over any of the Accommodation listed. At all material times, it is the relevant Owner who is solely and exclusively responsible to provide all information to the User to secure the booking of the Relevant Accommodation and to fulfill the booking made through the Website by the User;
(d) we are not responsible nor shall we be liable under any circumstances whatsoever in relation to and/or in connection with the Accommodation listed or booked by the User and/or for the acts, neglect, default, breach and/or omission of the Owner to the User or the User to the Owner or for any misrepresentations or misdescriptions or acts or omissions whatsoever of on either the Owner or User or any other third party whatsoever except strictly as stakeholder for the Booking Deposit.
3.2 HH may endeavor to verify the Listing posted on the Website in the following manner:-
(a) Owner identification HH may send a representative of HH to visit the Owner who has posted his/her accommodation on the Website and the Owner’s Listings may bear the HH tag bearing the words “Known Owner” or similar wordings once a representative of HH has visited the Owner personally.
(b) Email address HH may verify the email address registered by the Owner as stated in the account opening application on the Website and the Owner’s Listings may bear the HH tag bearing the words “Verified Email Address” or similar wordings once the email address has been verified by the Owner and is able to receive messages, reminders, notification and/or confirmation from HH.
(c) Phone number HH may verify the phone number registered by the Owner as stated in the account opening application on the Website and the Owner’s Listings may bear the HH tag bearing the words “Verified Phone Number” or similar wordings once the phone number has been verified by the Owner and is able to receive phone calls and/or messages from HH.
(d) Accommodation HH may send a representative of HH to visit and take photographs of the Accommodation listed on the Website and the photographs taken will be made available to the Owner to include in the Listing with a watermark or tag bearing the words “HOSTELHUNTING.COM” or similar wordings. All photographs taken by a representative of HH shall belong to HH regardless of whether the Owner includes the photographs in their Listings. Notwithstanding that the images or photographs of the Accommodation listed on the Website may bear the aforesaid watermark or tag, it is merely to indicate a photographic representation of the Accommodation at the time the photograph was taken by a representative of HH. Any Accommodation that has been visited by a representative of HH may also bear the HH tag bearing words “Visited by Hostel Hunting” or similar wordings once a representative of HH has visited the Accommodation.
3.3 Any reference in the Website to the term “Known Owner” is merely to indicate that a representative of HH has made a face to face contact with an Owner who has signed up for an account with HH to list any Accommodation on the Website by providing HH with his personal information of his name as per his Identity Card or his company name and company registration number, if a corporation, his correspondence address, the physical location and address of the Accommodation listed on HH and his email and contact number. Save as aforesaid, ALL references whatsoever to “Owner” in the Website and under the Terms and Conditions SHALL NOT and DOES NOT mean and include a “Known Owner” except where expressly stated and as defined herein.
3.4 Similarly, any reference in the Website to the term(s) “Verified Email Address” and “Verified Phone Number” is/are merely to indicate that the email address and/or the phone number registered by the Owner as stated in the account opening application is/are both valid and is/are able to receive messages, reminders, notification and/or confirmation from HH. The terms “Known Owner”, “Verified Email Address”, “Verified Phone Number” or any such wordings are not an endorsement nor constitute a representation by HH or a guarantee or certification about the Owner or his identity or his character or the validity of his registered email address or phone number other than that an Owner has completed a relevant verification process by providing all the details stated for opening an account as Owner.
3.5 Likewise, any reference in the Website to the term “Visited by Hostel Hunting” is merely intended to indicate a physical existence of the Accommodation and the said Accommodation has been visited by a representative of HH. The term “Visited by Hostel Hunting” is not a representation or warranty nor an endorsement by HH of any Listing or Accommodation.
3.6 HH may also include a HH tag bearing the word “Verified” or similar wording to any Listings on the Website (“Verified Listing”) AND notwithstanding that the Listing may bear the HH tag bearing the word “Verified” or similar wording, it is not a representation or warranty nor any endorsement by HH of any Owner or Listing or Accommodation. The Verified Listing is merely intended to indicate a relevant verification process has been completed as per the details indicated in the particular Listing.
3.7 You are advised to check the accuracy and the correctness of all the Description defined in Clause 5 for any Accommodation or Listing and the identity of the User or Owner as the case may be or any third party as we do not warrant nor represent its accuracy and/or correctness and we hereby expressly disclaim all obligations and/or liabilities to ensure that all such Description on the Website about the Accommodation or Listing or the User or the Owner or that the Listing is true and/or accurate or is free from any error, typo graphical mistake, inaccuracy, incorrectness, falsehood or otherwise. All such Descriptions are merely intended to assist the User to arrive at the User’s own decision as to whether to book any of the Accommodation listed on the Website from the relevant Owner.
3.8 In using and continuing to use the Website, you hereby expressly unconditionally, irrevocably and unequivocally agree that you are using the Website at your own risk and you undertake, warrant, confirm and covenant with us that you shall not hold us liable and/or seek any legal and/or equitable remedy from us for any losses, costs, expenses and/or damages of whatsoever nature suffered and/or incurred by you and/or any third party whether as a direct and/or indirect result of any error, typo graphical mistake, inaccuracy, incorrectness, misrepresentation or falseness of the information, image, price and/or description in relation of the Listing and/or quality, standard, fitness for occupation or security or safety whatsoever of any of the Accommodation listed or booked through the Website.
4. GRANT OF LICENSE TO LIST
4.1 HH grants you a non-exclusive, revocable license to use the Website upon these Terms and Conditions provided that:-
(a) you will not copy, distribute or make any derivative works of the Website in any medium without prior written consent;
(b) you will not alter or modify any part of the Website other than may be necessary with our prior written consent to use the Website for its intended purpose;
(c) you will fully observe, comply and act in accordance with these Terms and Conditions and all applicable laws, rules and regulations.
4.2 If you are an Owner, you are advised to read these Terms and Conditions carefully and thoroughly before signing up an account with HH to list your Accommodation as usage of the infrastructure on the Website is subject to inter alia payment of the Platform Fee.
4.3 As an Owner, we grant you a limited, non-exclusive, non-transferable right to list your Accommodation on the Website. By listing the Accommodation on the Website, you hereby expressly warrant and represent that you are either the registered and/or beneficial owner and/or has full legal right, title, interest or possession and control on and over the Accommodation and have full power, right and authority to list the Accommodation on the Website for rental in accordance with all the Terms and Conditions contained herein.
4.4 You hereby expressly and irrevocably represent, warrant and covenant with us that at all times, you:-
(a) have all rights, title, interest, consents, licenses and all permits whatever that are necessary or required to provide us with the information, image, price and/or description of the Listing published or to be published on the Website and/or to offer the Listing for searching and/or booking and/or acceptance in accordance with the terms hereof and all applicable laws and that all such Accommodation comply with all applicable laws rules and/or regulations governing the use of such Accommodation and does not violate or infringe on the rights, title or interest of any third party or any regulatory authorities;
(b) have the full right, power and authority to agree to these Terms and Conditions and perform all the obligations and liabilities herein set out, and that doing so does not and will not violate any agreement or obligation to which you are bound under any agreements, contracts, applicable laws, rules and/or regulations; and
(c) have all the approvals, permits, licences and consents whatsoever required by any laws or regulations to which you are subject to or that are necessary or required to list an Accommodation on the Website and/or to operate, manage and rent the Accommodation to any User who has made a booking through the Website.
4.5 You further fully declare and warrant that you are in compliance with the laws of the country, city and/or municipality where the Accommodation is located before listing the Accommodation for rent on the Website. It is your responsibility to review and strictly comply with all the laws of the country, city and/or municipality where your Accommodation is located to list and provide the Accommodation for booking and rental in accordance with the Terms and Conditions.
4.6 In Listing your Accommodation for search, booking and rental on the Website in accordance with the Terms and Conditions herein, you hereby expressly and irrevocably agree, covenant and undertake to indemnify us and keep us fully indemnified from and against all claims made against us and/or all losses and damages suffered by us including loss of profits and all primary losses and expenses arising from a breach of any of your representations and/or warranties and/or a breach of any of the Terms and Conditions herein set out.
5 LISTING
5.1 As an Owner, you shall be solely responsible for the accuracy, correctness, truthfulness and/or completeness of all the description and information provided for the Accommodation listed or to be listed on the Website including but not limited to the image, photo, information, location, capacity, size, features, availability, pricing, house rules, financial and tenancy terms and a valid physical and/or postal address of the Accommodation and Listing (“the Description”). You understand that all bookings will be made solely based on the Description of the Accommodation provided in your Listing and you are fully responsible for any and all Listings posted on the Website and agrees to indemnify us and hold us harmless from all losses, costs, expenses and damages of whatsoever nature suffered and/or incurred by us in connection with any claims in relation to or arising from a breach or misrepresentation of all your representations and warranties including without limitation the misdescription or misrepresentation of the Description of the Accommodation and Listing and all actions relating to infringement of any third party’s rights.
5.2 We may, at our sole and absolute discretion and without prior notice to you and without any liabilities of whatsoever nature, reject and/or delete and/or remove all or any part of the Description of the Accommodation published or to be published on the Website in the event that we shall discover any misdescription or misrepresentation by you about your status and/or the Accommodation and/or that such Description listed and published are inaccurate, incorrect, false, incomplete and/or misleading.
6. COVENANTS ON USE OF WEBSITE
6.1 In using and continuing to use the Website, you hereby expressly unconditionally, irrevocably and unequivocally covenant, warrant, confirm and undertake with us and with each other on the following:-
(i) You shall not use the Website for any purpose which is illegal, unlawful, immoral, unethical and/or prohibited by these Terms and Conditions or by law which include but without limitation dissemination and/or publication of any information and/or statement which is defamatory and/or political in nature and/or seditious;
(ii) Your description and personal data as described in the Website is true and accurate in all material aspects and you are not under any disabilities and/or disqualification under any law which prohibit you and/or restrict your rights to enter into a valid contract and to create legally binding obligations for any liabilities which you may incur as a result of the use of the Website;
(iii) You shall not store, copy or otherwise use any information contained on the Website except for the purpose of browsing or making a search, booking, paying, creating a listing, accepting a booking or using any of the services of the Website;
(iv) You shall not infringe the rights of any person or entity, including but without limitation to their intellectual property, privacy, publicity and/or contractual rights;
(v) You shall not interfere with and/or damage the Website including but without limitation through the use of viruses, cancel bots, Trojan Horses, harmful code, flood pings, denial-of-service, packet and/or IP spoofing, forged routing and/or electronic mail address information and/or any similar methods or technology;
(vi) You shall not use the Website to transmit, distribute, post and/or submit any information concerning any other person or entity, including but without limitation photographs and/or personal contact information of others without their permission;
(vii) You shall not use the Website in relation to distribution, uploading, publishing and/or posting of any unsolicited advertisement;
(viii) You shall not stalk and/or harass any other user and/or owner of the Website;
(ix) You shall not register more than one (1) account for yourself nor for and on behalf of any other except for your own account;
(x) You shall not recruit and/or solicit any of the owner and/or user of the Website to join and/or procure the service of any third party and/or other website which provides services similar to those provided by us;
(xi) You shall not hold us liable for any damages, losses, costs and/or expenses of whatsoever nature suffered and/or incurred by you and/or any third party as a direct and/or indirect result of the inaccuracy, incorrectness, incompleteness and/or error of the information and/or personal data provided by anyone whether forwarded by or obtained from the Website or as a consequence of any Listing made on the Website or any booking made and/or generated from or through the Website;
(xii) You expressly represent, warrant and undertake that all the personal data which you have provided to us for the purpose of facilitating the opening of the account to use of the Website whether as User or Owner are accurate, correct and free from any intentional and/or unintentional omission, error, typo graphical mistake, inaccuracy, incorrectness, falseness or otherwise.
7. CONSENT TO DISCLOSURE OF PERSONAL DATA
7.1 You hereby expressly unconditionally, irrevocably and unequivocally acknowledge, covenant, consent and agree with us that we may access, preserve and disclose any of the personal data that you make available to us when accessing or using or registering to use the Website, if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) respond to claims asserted against us; (b) to comply with legal process; (c) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (d) to protect the rights, property or personal safety of us, our users, or members of the public. You hereby expressly undertake, confirm, agree, warrant and covenant with us that you will not hold us liable and/or seek any legal and/or equitable remedy from us for any damages, expenses, costs and/or losses of whatsoever nature suffered and/or incurred by you and/or any third party as a direct and/or indirect result of any of access, preservation or disclosure of your personal data. If you do not agree to this provision, then we cannot provide the platform for your use and you shall stop accessing the Website and immediately deactivate your account forthwith. Otherwise, you will be deemed to have expressly consented to this provision if you use or continue to use the Website and for so long as you are still a registered user of the Website.
7.2 Some of the personal data will be gathered through the use of “cookies”. Cookies are small bits of information that are automatically stored on a person’s web browser in their computer, mobile phone or any other access device that can be retrieved by the Website. Should you wish to disable this cookies you may do so by changing the setting on your browser. Otherwise, you will be deemed to have expressly consented to the usage of “cookies” that we can collect, store or process any personal data through our use of “cookies”. You hereby expressly undertake, confirm, agree, warrant and covenant with us that you will not hold us liable and/or seek any legal and/or equitable remedy from us for any damages, expenses, costs and/or losses of whatsoever nature suffered and/or incurred by you and/or any third party as a direct and/or indirect result of any of collection, storage or process of your personal data through our use of “cookies”.
8. NO WARRANTY OR REPRESENTATION
8.1 You are fully aware and agree and acknowledge that apart from the Verified Listing if and where specifically stated within the meaning as set out in Clause 3.6, we do not warrant or represent under any circumstances or in any way any Description of any Accommodation listed nor the identity or character or personal information of any Owner or User. It is your personal duty and responsibility to check and conduct all due diligence necessary through your investigation or interaction communication with each other through HH before making any decision to make and/or accept any booking or payment for an Accommodation through the infrastructure of the Website in accordance with the Terms and Conditions.
8.2 If there should be any misrepresentation, error, incorrectness, mistake and/or inaccuracy of the Description and/or any information on the Owner or the Listing, the Owner has the absolute right and discretion to rectify such inaccuracy, error, incorrectness and/or typo graphical mistake at any time before the booking of the User is confirmed.
8.3 At all times, it is the sole duty and responsibility of the User to check the Description and to get confirmation of the Description of the Accommodation or the Owner before making a booking or payment using the Website.
8.4 In using and continuing to use the Website, you hereby expressly undertake, confirm, agree, warrant and covenant with us that you are using the Website and the services voluntarily at your own risk and shall not hold us liable and/or seek any legal and/or equitable remedy from us for any damages, expenses, costs and/or losses or damages of whatsoever nature suffered and/or incurred by you and/or any third party as a direct and/or indirect result of using the Website and the services provided.
9. STANDARD AND QUALITY OF THE LISTING
9.1 Other than the Verified Listing stated within the meaning of Clause 3.6 for any specific Accommodation, we make no representation or warranty whatsoever of any Accommodation listed on the Website. Any listing should not be taken as an endorsement from us or a representation by us that the Accommodation exists or is suitable for the stay of the User or that the Accommodation will be of any particular quality or standard or tenantable.
9.2 Accordingly, you agree that we shall not be liable to you and/or any third party for any injuries, losses, damages, costs and/or expenses suffered and/or incurred arising from any misrepresentation by the Owner or Description of the Accommodation or in the event that the Accommodation is not suitable for your purpose and/or is not of a particular quality and standard and/or is not suitable for stay in the opinion of the User and/or is not available whatsoever on the Check-in Date except for the provision of refund under the events stated in Clause 19 hereof.
9.3 At all material times, it is your duty and responsibility to exercise due diligence and care to verify the Owner and the Accommodation through the physical inspection of the Accommodation before deciding whether to book or when booking and making payment for the Relevant Accommodation. Any arrangement for viewing the Accommodation can be made through HH by sending a request to HH’s customer support team via phone call, sms, wechat or chat service.
10. BOOKING OF ACCOMMODATION
10.1 You may view the Listing as an unregistered visitor but if you wish to book any of the Accommodation listed, you are required to first register to create an account and provide all the information requested in the account opening application to become a registered User of the Website in accordance with the Terms and Conditions. You may also register to create an account by logging into your account with certain third-party social networking sites (“SNS”) (including but not limited to Facebook and Google) (“Third Party Account”) via the Website. In order to do this, you may link your HH’s account with any Third Party Account by providing your Third Party Account logging information to HH through the Website and allowing HH to receive certain information from your Third Party Account, as permitted under the applicable terms and conditions that govern your use of any Third Party Account.
10.2 Once the User has selected a Listing to book, the User shall send a Booking Request to the Owner through the Website. The User may send different Booking Request to different Owners or to the same Owner for different Listing that the User is interested to book until the User has received a Booking Request Acceptance but only one Booking Request can be sent for each of the Listing.
10.3 The User is solely and absolutely responsible for all the booking which is made by the User and/or any third party by using the User’s log-in username and password, regardless as to whether it is with or without the User’s authorization, consent or otherwise.
10.4 The Owner shall not vary, alter or modify the Description of the Accommodation once the Owner has received a Booking Request for the Relevant Accommodation. If the variation, alteration or modification is unavoidable then the Owner shall reject the Booking Request before the Owner can make any variation, alteration or modification on the Description of the Accommodation.
10.5 A Booking Reminder will be generated by the system to the relevant Owner to notify the relevant Owner of a Booking Request sent by a User to the relevant Owner to remind the relevant Owner to respond to the Booking Request on whether to accept or reject the Booking Request within a time period of twenty-four (24) hours commencing from the time of the Booking Request sent by the User. If no response is received upon the expiry of twenty-four (24) hours as aforesaid, the Booking Request shall automatically lapse.
10.6 The Owner and/or the User agree(s) that both parties shall use their best endeavor to respond to HH within all the time frames stated for all enquiries, replies and/or complaints or correspondences in accordance with the Terms and Conditions contained herein.
10.7 Upon an acceptance, the Owner shall send a Booking Request Acceptance to the User and HH simultaneously through the Website. Receipt of the Booking Request Acceptance by HH shall constitute an unequivocal and unconditional request and authorization by the Owner to HH to issue a Booking Acceptance Reminder and a Payment Reminder to the User to make payment of the Booking Deposit to HH as stakeholder to enable the User to reserve the booking with the Owner.
10.8 The User shall within twenty-four (24) hours from the issuance of the Booking Acceptance Reminder and Payment Reminder make payment of the Booking Deposit which shall be equivalent to one month’s advance rental of the Relevant Accommodation to HH as stakeholder and as Booking Deposit which shall be non refundable save and except under the circumstances stated in Clauses 18 or 19 of the Terms and Conditions to secure the Relevant Accommodation failing which the Owner’s Booking Request Acceptance for the Relevant Accommodation shall automatically lapse.
10.9 The Booking Request Acceptance shall constitute a reservation of the Relevant Accommodation until after the Booking Deposit is received by HH and the Confirmation Email is issued to the User.
10.10 The Owner agrees that once the Owner has accepted the Booking Request of the Relevant Accommodation, the Owner shall ensure that the Relevant Accommodation will be available throughout the duration of the period of time stated in the Booking Request and that such obligation will only come to an end if and only if the Owner has not received a Payment Acceptance Notification from HH stating that the Booking Deposit has been received and the Confirmation Email has been issued.
10.11 Once the Payment Acceptance Notification and the Confirmation Email is issued simultaneously to the Owner and the User respectively, the Owner shall make the Relevant Accommodation available for the User until the expiry of the Check-in Period on the Check-in Date.
11. MODE OF PAYMENT
11.1 Payment of the Booking Deposit specified in Clause 10.8 hereinabove may be made by the User to HH via either one of the following modes of payment:-
(a) online transfer through eGHL payment gateway;
(b) credit card or debit card; or
(c) PayPal.
12. FOREIGN CURRENCY
12.1 HH understands that the Owner and User may prefer to pay and to receive payments in different currencies, which may require conversions of foreign currency to accommodate these differing currency preferences. Each foreign currency conversion is processed at a foreign currency conversion rate. Please note that currency conversion rate will vary from time to time and are processed at the conversion rate and the conditions of the payment provider of the paying party.
12.2 Any loss suffered arising from any currency conversion shall be borne by the Owner or the User where applicable.
13. CONFIRMATION
13.1 Once HH has received the payment of the Booking Deposit in cleared funds via one of the modes of payment provided under Clause 11.1 hereinabove, a Payment Receipt and Confirmation Email will be issued to the User and a Payment Acceptance Notification will be issued to the Owner simultaneously. The Relevant Accommodation shall not be deemed available for the User for check-in until the Confirmation Email is issued to the User.
13.2 Both the Owner and the User hereby expressly and unconditionally agree acknowledge and confirm that the Confirmation Email constitutes a legal, valid and binding contract between the Owner and the User for the Relevant Accommodation.
13.3 The Owner shall not cancel a confirmed booking and shall maintain the Relevant Accommodation for the User once the Confirmation Email has been issued to the User. If the Owner cancels a confirmed booking on or before the expiry of the Check-in Period on the Check-in Date stated in the Confirmation Email, we are hereby expressly and unconditionally authorized by the Owner to refund to the User the Booking Deposit paid to HH as stakeholder without any further reference to the Owner. Upon such an occurrence, we are entitled to blacklist the Owner at our absolute discretion and/or cancel the Owner’s Listing or terminate the Owner’s account without any warning or liability whatsoever to the Owner.
13.4 In the event that the Relevant Accommodation, should become unavailable for any reasons beyond the absolute control of the Owner or through no fault of the Owner, the Owner shall forthwith notify us to refund the Booking Deposit to the User whereupon we shall have no liability or responsibly whatsoever to the Owner or User.
13.5 The Owner and User agree and confirm that a legally binding contract between the User and the Owner pertaining to the booking of the Relevant Accommodation shall come into existence once the Confirmation Email has been sent to the User. Notwithstanding that the Confirmation Email is generated by HH to the User. The User and the Owner further acknowledge and agree that HH is not a party to the contract or agreement whatsoever and the Owner and User are the contracting parties for the Relevant Accommodation and are solely liable to perform and honour each other’s obligations for the Relevant Accommodation stated in the Confirmation Email.
13.6 The Confirmation Email will contain the Check-in Code, Check-in Date, Check-in Period and the tenure of the tenancy. Accordingly, we strongly advise the User to check such Confirmation Email carefully and thoroughly in order to ascertain that the information contained therein is accurate, correct and error free.
13.7 In the event that the User should discover any discrepancy in the Confirmation Email, the User shall inform us in writing of such discrepancy within twenty-four (24) hours from the time such Confirmation Email is sent by HH to the User (“the Rectification Period”).
13.8 Upon the expiry of the Rectification Period stipulated in Clause 13.7, all the information provided in the Confirmation Email shall be deemed correct, accurate, complete and error free. If there shall be any error in the Confirmation Email, the Relevant Accommodation shall not be deemed booked until the rectification is done. No rectification shall be entertained after the expiry of the Rectification Period.
13.9 In the event the User shall fail, neglect and/or omit to inform us of the discrepancy of the information contained in such Confirmation Email within the Rectification Period, we shall not be liable to the User under any circumstances whatsoever for any damages, losses, costs, and/or expenses of whatsoever nature suffered by the User and/or any third party which resulted directly and/or indirectly from such incorrectness, inaccuracy and/or incompleteness.
13.10 The User further acknowledges and agrees that the User may be required to enter into a tenancy agreement with the Owner and the User agrees and acknowledges that the User is fully responsible for and to accept all terms, conditions, rules and/or restrictions imposed or set out by the relevant Owner governing the use, occupation and rental of the Relevant Accommodation upon check-in.
13.11 Accordingly, the User is advised to make full enquiry and be conversant with all terms imposed by an Owner before making a Booking Request and agrees, confirms and acknowledges that the User shall be solely and exclusively responsible for performing and complying with all the terms, conditions, rules and restrictions governing the rental of the Relevant Accommodation with the Owner.
14. NOT A PARTY OR AGENT OR PARTNER
14.1 You expressly acknowledge and agree that HH is NOT a party to any oral or written agreement or contract between the Owner and User for the booking or rental of the Relevant Accommodation directly or indirectly through the Website.
14.2 No agency, partnership, joint venture or employment is created between you and HH as a result of the Terms and Conditions of Use or your use of any part of the Website.
14.3 The Terms and Conditions of Use together with the Privacy Policy and any and all other notices or additional conditions or policies published by HH on the Website shall constitute and be the sole and entire agreement and contract between you and HH on the use of the Website.
15. CHECK-IN
15.1 The User shall check-in to the Relevant Accommodation on the Check-in Date and before the expiry of the Check-in Period as stated in the Confirmation Email.
15.2 In the event that the User is unable to turn up on or before the expiry of the Check-in Period and/or the Check-in Date as stated in the Confirmation Email due to some unforeseen circumstances, the User is required to contact and/or communicate with the relevant Owner and/or HH if the Owner is unreachable for extension of the Check-in Period and/or Check-in Date before the expiry of the Check-in Period and/or Check-in Date, failing which a “NO SHOW” will be deemed to have occurred and the consequences of Clause 17.1 shall apply. Such request for extension of the Check-in Period and/or Check-in Date may be considered by the relevant Owner solely at his discretion and provided that the relevant Owner is satisfied that such extension request is authentic and genuine.
15.3 The User is required to submit the Check-in Code as provided in the Confirmation Email to the relevant Owner after the inspection of the Relevant Accommodation by the User on the Check-in Date and after the User is satisfied with the conditions of the Relevant Accommodation. The Owner shall collect and submit the Check-in Code from the User to HH to claim for the release of the Balance Deposit subject only to Clause 19.5.
15.4 It is IMPORTANT for the User to take note that NO Booking Deposit is refundable once it has been released to the Owner under Clause 16.5 hereinabove. Accordingly, we strongly advise the User to notify us of any changes made to the Check-in Period and/or Check-in Date pursuant to Clause 15.2 hereinabove by sending us an email or contacting our customer service department as soon as practicable before the expiry of the Check-in Period and/or Check-in Date as stated in the Confirmation Email. We shall not be liable to the User under any circumstances whatsoever for any damages, losses, cost, and/or expenses of whatsoever nature suffered by the User and/or any third party due to the failure of the User to notify us of such changes and/or after the Balance Deposit has been released to the Owner.
16. FEES
16.1 Usage of the Website and platform is free for User.
16.2 Listing of any Accommodation by any Owner on the Website is all free.
16.3 Notwithstanding Clause 16.2, Owner fully agrees and confirms that in consideration for the use of the infrastructure of and on the Website, HH is entitled at its absolute discretion to charge Owner a fee for providing the platform for direct dealings, communicating and booking between Owner and User and for holding the Booking Deposit as stakeholder.
16.4 Accordingly, Owner hereby voluntarily and fully agrees and undertakes to pay any and all such fees (“the Platform Fee”) agreed upon between the Owner and HH upon the opening of the account. HH’s Invoice will be issued to the Owner on or after with the issuance of the Confirmation Email to the User. Owner further hereby expressly and irrevocably and unconditionally agrees and consents for the Platform Fee to be unilaterally deducted from the Booking Deposit held by HH as stakeholder before the release of the Balance Deposit to the Owner under Clause 16.5.
16.5 Subject to Clause 19.5, the Booking Deposit less the Platform Fee (“Balance Deposit”) in respect of the Relevant Accommodation will be released to the Owner not later than five (5) working days EITHER from the date of the receipt by HH of the relevant Check-in Code under Clause 15.3 OR upon the expiry of the Complaint Period OR upon the expiry of any other Check-in Period which may be mutually agreed between the User and the relevant Owner and conveyed to HH in writing under Clause 15.2 OR upon a “NO SHOW” under Clause 17.1 or an early cancellation under Clause 18, WHICHEVER IS APPLICABLE and/or LATER.
17.1 NO SHOW
17.1 In the event that the User shall fail, neglect or omit to turn up on or before the expiry of the Check-in Period and/or Check-in Date as stated in the Confirmation Email or any other time and date which may be mutually agreed between the User and the relevant Owner, (save and except the relevant Owner has agreed to the request of the User for such delay, postponement or adjournment subject to Clause 15.2), the Booking Deposit shall be automatically forfeited and shared equally between the relevant Owner and HH and the User shall have no further rights to the Relevant Accommodation or to make a claim from us and/or the relevant Owner and the relevant Owner shall be entitled to re-post the Relevant Accommodation as a new Listing on the Website without any further reference to the User.
18. EARLY CANCELLATION
18.1 No cancellation can be made by the User unless it is made prior to the commencement of the Lock-in Period, as stated in the Confirmation Email, failing which the Booking Deposit shall be absolutely forfeited and the Booking Deposit shall be shared equally between the relevant Owner and HH and the User shall have no further rights to the Relevant Accommodation or to make a claim from us and/or the relevant Owner and the relevant Owner shall be entitled to re-post the Relevant Accommodation as a new Listing on the Website without any further reference to the User.
18.2 Without prejudice to Clause 18.1 hereinabove, in the event that the User wishes to cancel the confirmed booking before the commencement of the Lock-in Period (“Early Cancellation”), the User is required to send us a written cancellation request, and the relevant Owner hereby irrevocably and unconditionally authorizes HH to refund the Booking Deposit to the User without any reference to the Owner within five (5) working days from the date of receipt of such cancellation request.
18.3 Notwithstanding any cancellation, the Owner agrees and undertakes to pay the Platform Fee due and owing to HH for the Relevant Accommodation once a Confirmation Email has been sent to the User.
19. REFUND OF BOOKING DEPOSIT
19.1 The Owner hereby expressly agrees that any Booking Deposit paid by the User to HH pursuant to Clause 10.8 shall be refunded by HH to a User without any reference whatsoever to the Owner under the following circumstances:-
(a) the Relevant Accommodation at Check-in does not match the Description of the Relevant Accommodation; or
(b) the Relevant Accommodation is unsanitary and unfit for human habitation; or
(c) the Owner refuses to allow the User to check-in before the expiry of the Check-in Period; or
(d) the Owner cancels the confirmed booking of the User on or before the Check-in Date; or
(e) the Relevant Accommodation becomes unavailable under Clause 13.4 before the Check-in Date; or
(f) the User exercises the right of Early Cancellation.
19.2 The User agrees and acknowledges that the User’s right to claim for the refund of the Booking Deposit will only be valid if we are in receipt of the User’s written complaint of any of the circumstances stated under Clause 19.1 hereinabove on or before the expiry of the Complaint Period herein defined.
19.3 The Booking Deposit will be refunded to the User not later than seven (7) working days from the date we are in receipt of the User’s complaint based on any of the grounds stated in Clause 19.1 hereinabove without any reference whatsoever to the Owner if we are satisfied that the User’s complaint is authentic and genuine and in the event of a dispute, our decision shall be final and binding on the User and the relevant Owner.
19.4 Notwithstanding the refund of the Booking Deposit to the User, if any event of refund is caused by any of the events stated in Clause 19.1(a), (b), (c), (d) and (e), the Owner shall still be liable to pay HH the Platform Fee for the Relevant Accommodation within seven (7) days of HH’s invoice for the same and until full payment shall bear interest at the rate of eight per centum (8%) from its due date to actual date of receipt both before and after judgement.
19.5 All refunds or releases of the Booking Deposit or Balance Deposit whether to the User or Owner as the case may be shall be subject to currency risk arising through any currency transaction and all currency risk shall be borne by the User or Owner as the case may be.
20. AMENDMENT TO CONFIRMED BOOKING
20.1 The User is not entitled to amend, alter and/or vary any Check-in Date or the tenure of the tenancy stated in the Confirmation Email once it’s confirmed unless the relevant Owner is agreeable to the amendment, alteration and/or variation proposed by the User in writing.
20.2 As such, we strongly recommend the User to contact and/or communicate with the relevant Owner directly in the event the User needs to amend, alter, and/or vary the Check-in Date or the tenure of the tenancy stated in the Confirmation Email.
20.3 The User and the Owner are required to notify us in writing of such amendment, alteration and/or variation to the Check-in Date or the tenure of the tenancy within twenty-four (24) hours of such amendment, alteration and/or variation failing which all information stated in the Confirmation Email shall prevail.
21 REFERRAL PROGRAM
21.1 As a User, you may participate in HH’s Referral Program by referring your friends to make a booking via HH’s website after he/she has successfully signed up for a new account with HH. You will receive a HH’s Referral Reward (as defined below) for each of the Qualifying Referral (as defined below). HH’s Referral Reward is a sum of money that may be credited into your bank account which you have registered with HH upon the completion of the Qualifying Referral process in Clause 21.2.
21.2 If you choose to participate in the HH’s Referral Program then you shall ensure that all the following requirements are met (“Qualifying Referral”) so that you are eligible to claim the HH’s Referral Reward:-
(a) You must log in to your HH’s account on HH’s Website and click on “Invite Friends” button in your account’s dashboard;
(b) You must share the link provided with your friends via certain third-party social networking sites (“SNS”), or by sending invitation email to your friends’ email through HH or by copying and pasting the unique referral link provided in an email to your friends;
(c) Your friends who have received the invitation email from HH or the unique referral link from you or any third-party SNS must register a new account with HH by accepting the invitation contained in HH’s email or clicking the unique referral link contained in your email;
(d) After registering an account with HH, your friends must request a booking of an Accommodation which is accepted by the relevant Owner and such booking is deemed successful after HH has issued a Confirmation Email to the relevant User in accordance with Clause 13.1 hereof; and
(e) No occurrence of any of the events of refund as provided under Clause 19.1 hereof.
21.3 You hereby agree and warranty that you will circulate or share the unique referral link only to your personal friends. You further agree not to publish or distribute the link or cause the link to be published or distributed on or via methods, platforms and media where you have no reasonable basis for believing that all or most of the readers or recipients are your personal friends.
22. LINKS AND ADVERTISEMENTS
22.1 The Website may contain advertisements and/or links to any third party websites. You acknowledge and agree that we are not responsible and shall not be held liable for the contents, products and/or services available from such website and/or promoted by such website.
22.2 Such advertisements and/or links shall not be regarded by you at all times as an endorsement by us of the contents, products and/or services available from such website and/or promoted by such advertisements.
22.3 Accordingly, you further acknowledge and agree that you assume full responsibility for and all risk arising from the use of any of the contents, products and/or services available from such website and/or promoted by such advertisement.
23. DAMAGE TO ACCOMMODATION AND EXCLUSION OF HH’s LIABILITY
23.1 At all times, the User is solely responsible for leaving the Relevant Accommodation in the condition as it was in when the User checks in at the agreed time and date as specified in the Confirmation Email fair wear and tear excepted.
23.2 The User acknowledges and agrees that the User is solely and exclusively responsible for the User’s act and/or omission and also the act and/or omission of any individuals whom the User invites to, or otherwise provides access to the Relevant Accommodation.
23.3 HH recommends and advises all Owners to obtain the appropriate insurance for their Accommodation and/or for any claims which may be made by a User against an Owner.
23.4 In using the Website, you agree and undertake not to attempt to impose any liability or seek any legal remedy from HH with respect to any acts or omission by any Owner or User or other third parties using the services of the Website. You agree that any legal remedy or liability that you seek to obtain for actions or omissions of Owner or User or any third parties will be limited to a claim against the relevant party which caused you loss or harm by their direct or indirect act or omission.
23.5 Your claim if any against HH is strictly limited to a claim for the release of the Booking Deposit or Balance Deposit or for the refund of the Booking Deposit as the case may be as stated in the Terms and Conditions.
24. INTELLECTUAL PROPERTY RIGHTS
24.1 All trademarks, service marks, logos, trade names and other proprietary designs used herein are our registered trademarks.
24.2 The Website contains copyright material, trade names and other proprietary information, including but not limited to text, software, graphics and any other material available on or through the Website. The entire contents of the Website are protected by copyright and intellectual property laws of Malaysia or any other country in which such copyright and intellectual property is registered. You are strictly prohibited to modify, publish, transmit, participate in the transfer or sale of, create derivative works, or in any way exploit, any of the contents, in whole or in part.
24.3 Copyright of the Website and all contents are owned by us and all rights are reserved. The Website is protected by copyright.
25. PRIVACY POLICY
25.1 You agree that our Privacy Policy (as may be updated from time to time) governs HH’s collection and use of your personal data.
26. MAPS
26.1 Please note that the maps embedded on the Website are provided by Google and subject to Google Maps / Earth Additional Terms of Service.
27. SUSPENSION AND/OR TERMINATION OF OWNER’S / USER’S ACCOUNT
27.1 You fully agree that we may, in our absolute discretion and without any liability whatsoever to you, with or without cause, with or without prior notice and at any time, limit, suspend, deactivate and/or cancel your account with us if we are of the opinion that the use of the same by you will compromise the integrity of HH or the Website.
27.2 Notwithstanding the provisions herein contained, we shall also at our absolute discretion and without any liability whatsoever to the Owner, at any time, suspend, terminate and/or cancel the Owner’s account and/or any listing published on the Website upon the occurrence of any of the following events:-
(a) the Owner fails, neglects or refuses to respond to the User’s booking request and/or any other queries or correspondences by the User and/or HH to the Owner in a timely manner; or
(b) the Owner breaches, fails, neglects or refuses to observe or perform any of its duties and responsibilities on his/her part to be performed as herein contained; or
(c) upon the occurrence of any of the events of refund as stated in clause 19.1.
27.3 In the event we shall exercise any of our discretion under these Terms and Conditions, all the following can occur with or without prior notice and/or any explanation to you and without being liable to you under any circumstances whatsoever:-
(a) Deactivate, suspend or close your account immediately;
(b) Restrict all access to the Website;
(c) Cancel and terminate all and any pending and/or future bookings;
(d) Withdraw all Listings on the Website.
28. LIMITATION OF LIABILITY & DISCLAIMER
28.1 As expressly declared herein, you fully agree and acknowledge that we are strictly an online platform through which Owner create Listing for Accommodation and of which User may browse, search, book and pay for the booking of any Accommodation directly with the relevant Owner. At all material times, you fully understand and agree that we are not a party to any contract or agreement between the User and the relevant Owner whether oral or written nor for the booking, reservation and confirmation of the Relevant Accommodation and the contract is strictly entered into directly between the User and the Owner who are the sole parties to the contract for the Relevant Accommodation.
28.2 You further fully agree, understand and acknowledge that HH is not a real estate broker, agent, insurer or arbitrator and HH has no control whatsoever over the conduct of any Owner or User of the Website or any Description of the Accommodation or the identity of any Owner or User or third party.
28.3 Accordingly, you fully agree and acknowledge that we shall have no responsibility and/or liability and/or obligation whatsoever to you with regards to all and any of the following:-
(a) the accuracy, correctness, truthfulness and/or completeness of the Description of any Accommodation or any of the Listing and/or any information or identity about the Owner or User; or
(b) the fulfillment of any booking made by the User through the Website; or
(c) the quality, standard and availability of the Listings or the Relevant Accommodation listed or booked through the Website except what is stated by the Owner in the Description; or
(d) the accuracy and correctness of the ratings and reviews published on the Website; or
(e) any error or failure or delay in issuing or, sending any reminders or confirmation, or sending or responding to any exchanges or emails to you; or
(f) any circumstances which are beyond our control including and not limited to a breakdown of the Website or a non-availability of any service at any time and from time to time; or
(g) any losses and/or damages suffered by you including and not limited to any personal injury or pecuniary or other losses whatsoever.
and we fully disclaim all liability in this regard to the maximum extent permitted by law.
28.4 You fully agree and acknowledge that we shall not be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, indirect, incidental or consequential damages of any kind or for any loss of profits or loss of monies, whether based in contract, tort, equity, strict liability, statute or otherwise, which arises out of or is in any way connected with (i) any use of the Website for booking or listing or content found herein; (ii) any failure or delay including but not limited to the use or inability to use any component of the Website; or (iii) the performance or non performance by us even if we have been advised of the possibility of damages to such parties or any other party or that such loss or such damages are reasonably foreseeable.
28.5 Further and in addition to the above provisions, you further agree and confirm neither we nor any of our directors, employees, agents and/or affiliates shall be liable to you and/or any third party for any losses, damages, costs and/or expenses arising out or in connection with the use of any of the information, services and/or material provided through the Website even if we have been advised of the possibility of such loss or damage, or such loss or damage are reasonably foreseeable.
28.6 If, notwithstanding the foregoing, we are found to have been at fault in relation to and in connection with any service or infrastructure provided through the Website as opposed to any service provided by the relevant Owner for whom we are not responsible or be liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or use of the Website, to the full extent permitted by law, you fully agree and confirm that the combined aggregate of our liability to you , shall in no event exceed the sum equivalent to the amount of the Platform Fee paid by the Owner to us upon a successful booking. Further, our liability to you in contract, tort, negligence, strict liability, under statute or otherwise shall be reduced to the extent, if any, to which you and/or third party contributed to the loss or damage.
29. INDEMNITY
29.1 In using and continuing to use the Website, you hereby exclude HH from all liabilities and responsibilities except what expressly stated and further agree warrant, covenant, agree and undertake to indemnify and keep us fully indemnified from and against any and all liabilities, claims, costs, damages or any other pecuniary loss of whatsoever nature howsoever arising out of or in connection with or caused or otherwise attributable to any breach by you and/or any third party who use or misuse the Website whether personally by using your log in username and password or allowing or consenting to the usage of the Website by any other using your log in username and password, regardless of whether with or without your consent or authorization. Notwithstanding, you may also be liable to HH for all losses and damages suffered or claims made against HH due to such unauthorised use.
30. TIME OF ESSENCE
30.1 Time wherever mentioned shall be of the essence.
31. CHANGES TO THE WEBSITE OR TERMS AND CONDITIONS
31.1 We reserve the right, at our absolute discretion to change, suspend or discontinue any aspect of the Website at any time including the availability of any features, data or contents and may also impose limits on certain features or services or content or restrict your access to parts of the Website without any notice or liability. We also reserve the right to modify, vary and/or alter any and/or all of these Terms and Conditions without your consent, including but without limitation the amount of the Platform Fee, at any time without prior notice to you and without any liability to you and/or and third party.
31.2 Subject to the above provision, by using or continue to use the Website after any modification on the Website including the Terms and Conditions, you are indicating that you agree to be bound by the modified Terms and Conditions. You shall cease to use the Website immediately if the modified Terms and Conditions are not acceptable to you. We will update the “Last Updated Date at the top of these Terms and Conditions of Use.
32. GOVERNING LAW, JURISDICTION AND FORUM
32.1 All the Terms and Conditions herein contained shall be construed in all respects in accordance with the laws of Malaysia and the Malaysian Courts shall have exclusive jurisdiction over all matters arising therefrom. Any proceedings arising out of or in connection with these Terms and Conditions shall be brought in a court of competent jurisdiction in Malaysia.
32.2 If you are accessing the Website from outside of Malaysia, you do so on your own initiation and are responsible for all local laws, if and to the extent that such local laws are applicable and you irrevocably and unconditionally agree and consent that any cause of action that you may submit in connection with the use of the Website in accordance with these Terms and Conditions shall be filed in the Courts of Malaysia which shall be the exclusive forum and venue for any legal disputes between HH and you.
33. NOTICES
33.1 Unless otherwise specified herein, all notifications, reminders, confirmation or other communications issued by you shall be deemed to have been delivered in the case of email when HH’s system shows that the email has been delivered to your registered email address as stated in your account with no failed delivery notification has been received by HH.
33.2 HH shall not be responsible for any failure or delay in sending notifications or reminders to you and you shall be responsible to log in to your account registered with HH to check for all message(s) or notification(s).
34. SEVERABILITY
34.1 In the event that any one or more of the provisions contained in these Terms and Conditions shall for any reason be held to be unenforceable illegal or otherwise invalid in any respect under the laws governing these Terms and Conditions or its performance, such unenforceability illegality or invalidity shall not affect any other provisions of these Terms and Conditions and these Terms and Conditions shall then be construed as if such unenforceable illegal or invalid provisions had never been contained herein.

Last Updated on 16/05/2016