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Terms And Conditions
1. Your Agreement
1.1 This website (“this Website”) is operated by Seamaui Borneo Sdn Bhd. Please read these terms of use (“this Terms of Use”) carefully before using this Website and the services offered by Seamaui Borneo Sdn Bhd, its specified affiliated companies (together, “Seamaui Borneo”) or the third-party operators (the “Operator”) through this Website (the “Services”). “You” and “your” when used in this Terms of Use includes (1) any person who accesses the Website and (2) persons for whom you make a purchase of the Services.
2. Change of Terms of Use
2.1 Seamaui Borneo's Modifications
2.1.1 Seamaui Borneo reserves the right, at its sole discretion, to change or modify any part of this Terms of Use at any time without prior notice. You should visit this page periodically to review the current Terms of Use to which you are bound. If Seamaui Borneo changes or modifies this Terms of Use, Seamaui Borneo will post the changes to or modifications of this Terms of Use on this page and will indicate at the bottom of this page the date on which this Terms of Use was last revised.
2.1.2 Your continued use of this Website after any such changes or modifications constitutes your acceptance of the revised Terms of Use. If you do not agree to abide by the revised Terms of Use, do not use or access or continue to use or access this Website and/or the Services. It is your responsibility to regularly check this Website to ascertain if there are any changes to this Terms of Use and to review such changes.
2.1.3 In addition, when using the Services, you shall be subject to any additional terms applicable to such Services that may be posted on the page relating to such Services from time to time and the privacy policy adopted by Seamaui Borneo from time to time (“the Privacy Policy”). All such terms are hereby expressly incorporated by reference in this Terms of Use.
3. Access and Use of the Services
3.1 Ownership of Content
3.1.1 This Website, the domain name (www.SeamauiBorneo.com), subdomains, features, contents and application services (including without limitation to any mobile application services) offered periodically by Seamaui Borneo in connection therewith are owned and operated by Seamaui Borneo.
3.2 Provision and Accessibility of Services
3.2.1 Subject to this Terms of Use, Seamaui Borneo may either offer to provide the Services by itself or on behalf of the Operators, as described in further detail on this Website. The Services that have been selected by you on this Website are solely for your own use, and not for the use or benefit of any third party. The term "Services" includes but is not limited to the use of this Website, any Services offered by Seamaui Borneo by itself or on behalf of the Operators on this Website. Seamaui Borneo may change, suspend or discontinue any Services at any time, including the availability of any feature, database or content. Seamaui Borneo may also impose limits or conditions on certain Services or restrict your access to any part or all of the Services without notice or liability.
3.2.2 Seamaui Borneo does not guarantee that the Services will always be available or uninterrupted. Seamaui Borneo will not be liable to you if for any reason the Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to the Services. You are also responsible for ensuring that all persons who access the Services through Internet connection are aware of this Terms of Use and other applicable terms and conditions for the Services, and that they comply with them.
3.2.3 If you link to is Website, Seamaui Borneo may revoke your rights to so link at any time, at Seamaui Borneo sole discretion. Seamaui Borneo reserves the right to require prior written consent before linking to this Website.
4. Website and Content
4.1 Use of the Content
4.1.1 All materials displayed or performed on this Website including but not limited to text, data, graphics, articles, photographs, images, illustrations, video, audio and other materials (“Content”) are protected by copyright and/or other intellectual property rights. This Website and the Content are intended solely for your personal and non-commercial use of the Services and may only be used in accordance with this Terms of Use.
4.1.2 If Seamaui Borneo agrees to grant you access to this Website and/or the Content, such access shall be non-exclusive, non-transferable and limited license to access this Website in accordance with this Terms and Use. Seamaui Borneo may, at its absolute discretion and at any time, without prior notice to you, amend or remove or alter the presentation, substance or functionality of any part or all of the Content from this Website.
4.1.3 You shall abide by all copyright notices, trademark rules, information, and restrictions contained in this Website and the Content accessed through this Website, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever this Website or the Content or third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, or in any way that violates any third party rights.
4.2 Seamaui Borneo Liability for the Website and Content
4.2.1 Seamaui Borneo cannot guarantee the identity of any other users with whom you may interact with in the course of using this Website. Seamaui Borneo cannot guarantee the authenticity and accuracy of any content, materials or information which other users or the Operators may provide. All Content accessed by you using this Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
4.2.2 Under no circumstances will Seamaui Borneo be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with the use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via this Website.
5. Intellectual Property Rights
5.1 Intellectual Property
5.1.1 All intellectual property rights subsisting in respect of this Website belong to Seamaui Borneo or have been licensed to Seamaui Borneo for use on this Website. This Website, the Services and the Content are protected by copyright and other intellectual property rights as collective works and/or compilations, pursuant to applicable copyright laws, international conventions, and other intellectual property laws. You undertake that: (a) You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display, or in any way exploit, any part of this Website and the Content, software, materials, or the Services in whole or in part; (b) You shall only download or copy the Content (and other items displayed on this Website or related to the Services) for personal and non-commercial use only, provided that you maintain all copyright and other notices contained in such Content; and (c) You shall not store any significant portion of any Content in any form. Copying or storing of any Content other than personal and noncommercial use is expressly prohibited without prior written permission from Seamaui Borneo or from the copyright holder identified in such Contents copyright notice.
6. User Submissions
6.1 Uploading of Information
6.1.1 In the course of accessing this Website or using the Services, you may provide information which may be used by Seamaui Borneo and/or the Operators in connection with the Services and which may be visible to other users of this Website. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Seamaui Borneo and/or the Operators in connection with the Services (“User Submissions”): (a) You hereby grant to Seamaui Borneo and the Operators a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use and fully exploit such User Submissions, including all related intellectual property rights subsisted thereon, in connection with providing the Services and operating this Website and Seamaui Borneo business, including but not limited to the promotion and redistribution of part or all of the Services and derivative works thereof in any media formats and through any media channels; (b) You agree and authorize Seamaui Borneo to use your personal data in accordance with the Privacy Policy in effect from time to time; (c) You hereby grant each user of this Website a non-exclusive license to access your User Submissions through this Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of this Website and under this Terms of Use; (d) You acknowledge and agree that Seamaui Borneo retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Seamaui Borneo does not affect your ownership of or right to grant additional non-exclusive licenses to the material in the User Submissions, unless otherwise agreed in writing; (e) You hereby represent and warrant that any content in your User Submission (including but not limited to text, graphics and photographs) do not infringe any applicable laws, regulations or any third party rights; and (f) That all the User Submissions publicly posted or privately transmitted through this Website is the sole responsibility of you and that Seamaui Borneo will not be liable for any errors or omissions in any content.
7. Users Representations, Warranties and Undertakings
7.1 Use of this Website and the Services
7.1.1 You represent, warrant and undertake to Seamaui Borneo that you will not provide any User Submissions or otherwise use this Website or the Services in a manner that: (a) Infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; or (b) Violates any law, statute, ordinance or regulation; or (c) Is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (d) Involves commercial activities and/or sales without Seamaui Borneo prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or (e) Constitutes libel, impersonates any person or entity, including but not limited to any employee or representative of Seamaui Borneo; or (f) Contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.
7.2 Removal of User Submissions
7.2.1 Seamaui Borneo reserves the right to remove any User Submissions from this Website at any time, for any reason including but not limited to, receipt of claims or allegations from third parties or authorities relating to such User Submission or if Seamaui Borneo is concerned that you may have breached any of the preceding representations, warranties or undertakings, or for no reason at all.
7.3 Responsibility for User Submissions
7.3.1 You remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, this Website.
7.3.2 You acknowledge and agree that you shall be solely responsible for your own User Submissions and the consequences of posting or publishing all of your User Submissions on this Website. You represent, warrant and undertake to Seamaui Borneo that: (a) You own or have the necessary rights, licenses, consents, releases and/or permissions to use and authorize Seamaui Borneo to use all copyright, trademark or other proprietary or intellectual property rights in and to any User Submission to enable inclusion and use thereof as contemplated by this Website and this Terms of Use; and (b) Neither the User Submissions nor your posting, uploading, publication, submission or transmittal of the User Submission or Seamaui Borneo use of the User Submissions, or any portion thereof, on or through this Website and/or the Services will infringe, misappropriate or violate any third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
7.3.3 You are responsible for all of your activity in connection with using this Website and/or the Services. You further represent, warrant and undertake to Seamaui Borneo that you shall not: (a) Conduct any fraudulent, abusive, or otherwise illegal activity which may be grounds for termination of your right to access or use this Website and/or the Services; or (b) sell or resell any products, services or reservation obtained from or via this Website or Mobile Application; (c) use this Website or Mobile Application for commericial or competative activity or purposes, or for the purpose of making speculative, false or fraudulent bookings or any reservations in anticipation of demand; (d) Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of this Website; or (e) Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity that is expressly prohibited; or (f) Run maillist, listserv, or any other form of auto-responder, or "spam" on this Website, or any processes that run or are activated while you are not logged on to this Website, or that otherwise interfere with the proper working of or place an unreasonable load on this Website’s infrastructure; or (g) Use manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of this Website; or (h) Decompile, reverse engineer, or otherwise attempt to obtain the source code of this Website.
7.3.4 You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with using this Website and/or the Services.
8. Registration and Security
8.1 Opening of the Seamaui Borneo Account 8.1.1 In the course of using the Services, you may be required to open and maintain an account with Seamaui Borneo (“Seamaui Borneo Account”).
8.2 Provision of Personal Information
8.2.1 As a condition to using some aspects of the Services, you may be required to register with Seamaui Borneo and select a password and user name (“Seamaui Borneo User ID”). If you are accessing the Services through a Third Party Website or service, Seamaui Borneo may require that your Seamaui Borneo User ID be the same as your user name for such Third Party Website or service.
8.2.2 You shall provide Seamaui Borneo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Seamaui Borneo Account.
8.2.3 You represent that you shall not: (a) Select or use as a Seamaui Borneo User ID a name of another person with the intent to impersonate that person; or (b) Use as a Seamaui Borneo User ID a name subject to any rights of a person other than you without appropriate authorization.
8.2.4 Seamaui Borneo reserves the right to refuse registration of or to cancel a Seamaui Borneo Account at its sole discretion. You shall be responsible for maintaining the confidentiality of your password.
9. Reviews - Further correspondence - Rights to User Content
9.1. By completing a booking, you agree to receive confirmation messages (in the form of emails and/or app notifications), as well as an invitation email(s) or app notification(s) for you to complete our guest review form which we will send to you after you finish an activity. Leaving a review is optional. For clarity, the confirmation and guest review emails are transactional and are not part of the newsletters or marketing mails, from which you can unsubscribe. The completed guest review may be uploaded onto the relevant activity page on the Seamaui Borneo platform within 72 hours of the submission for the sole purpose of informing (future) customers of your opinion of the service (level) and quality of the Activity. Upon submitting a review, your account may be awarded Seamaui Borneo credits, which may be used towards your next booking subject to terms and conditions. Each account may only submit one review per activity booked once or multiple times within the same calendar month. Fraud and abuse will result in the forfeiture of Seamaui Borneo credits. Seamaui Borneo further reserves the right to deduct any credits directly from your Seamaui Borneo account without prior notice.
9.2. By posting a review, you grant Seamaui Borneo the full, perpetual, free, transferable and irrevocable rights to all submitted user content. Seamaui Borneo reserves the right to translate, edit, adjust, refuse or remove reviews at its sole discretion.
9.3. You confirm you will comply with these Guest Review Guidelines. In addition, you represent and warrant that
9.3.1. you own and control all of the rights to the user content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such user content to or through the platform;
9.3.2. such content is accurate and not misleading; and
9.3.3. use and posting or other transmission of such content does not violate the Terms of Use or any applicable laws and regulations and will not violate any rights of or cause injury to any person or entity.
9.4. Reviews may not contain obscenities, profanity, inappropriate content, hate speech and offensive content, promotion of illegal conduct, other people’s personal information such as names, phone numbers or email addresses, and irrelevant content such as promotional, invite and reward information. Moreover, reviews may not defame, abuse, harass, or violate the legal rights of others. * 9.5. You further grant Seamaui Borneo the right to pursue at law any person or entity that violates your or Seamaui Borneo's rights in the content by a breach of the Terms of Use. You agree you will be solely responsible for any user content you provide or submit.
9.6. Content submitted by users will be considered non-confidential and Seamaui Borneo is under no obligation to treat such content as proprietary information. Without limiting the foregoing, Seamaui Borneo reserves the right to use the content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Seamaui Borneo is under no obligation to offer you any payment for content that you submit or the opportunity to edit, delete or otherwise modify content once it has been submitted to Seamaui Borneo. Seamaui Borneo shall have no duty to attribute authorship of content to you, and shall not be obligated to enforce any form of attribution by third parties. Please refer to the Terms of Use on the Platform for more details.
10. Booking Confirmation, Tickets, Vouchers, Fees and Payment
10.1 Booking Confirmation
10.1.1 Certain Services are stated to be subject to instant confirmation. Other than these Services, any required time for confirmation as stated on the Website is solely for reference only. Actual time required for confirmation may vary.
10.2 Purchase and Use of the Vouchers
10.2.1 Through this Website, you may purchase vouchers from Seamaui Borneo for the Services (“Vouchers”) offered by the Operators in the various destinations. Subject to the policy of the relevant Operator, you will receive an email confirmation of your purchase that will contain a Voucher confirmation number (“Confirmation Number”) and a printable version of your Voucher.
10.2.2 In order to use your Voucher, you must appear in person at the meeting point designated by the relevant Operator on time, and present such documents and/or information as may be required by the Operator, that may include your Confirmation Number and/or your printed Voucher. If you fail to appear on time or to provide the required documents or information, no refunds will be granted.
10.2.3 An Operator may also require you to provide an identification document bearing your photo in order to use your Voucher. Neither Seamaui Borneo nor the Operator is responsible for lost, destroyed or stolen Vouchers or Confirmation Numbers. Vouchers will be void if the relevant Services to be provided are prohibited by law. If you attempt to use a Voucher in an unlawful manner (e.g., you attempt to use a Voucher for wine tasting when you are under the legal age to do so), the respective Operator may refuse to accept your Voucher, and no refunds will be granted.
10.3 Terms of the Vouchers
10.3.1 The Terms of Use for each Voucher may vary amongst Operators and any restrictions that apply to the use of such Voucher, including but not limited to a minimum age requirement, will be conveyed to you at the time of purchase on the Website.
10.3.2 Vouchers are admission tickets to one-time events ('Events'): the date(s) on which a Voucher can be used will be stated on the Voucher. If you do not use your Vouchers on or by the date(s) noted on such Vouchers, except as expressly set forth therein, no refunds will be granted.
10.4 Cancelation of Vouchers
10.4.1 You may cancel your Voucher by contacting Seamaui Borneo customer service within the cancelation period, as stated at the time of purchase on the Website. Cancelation windows vary on a case by case basis. A Voucher canceled with the required notice will be refunded in full to the credit card you used to purchase such Voucher.
10.4.2 The Operator, not Seamaui Borneo, is the offeror of the Services for the Events, to which the Vouchers correspond to, and is solely responsible for accepting or rejecting any Voucher you purchase, as related to all such Services.
10.4.3 Please directly consult with the Operator if you have any enquiries or complaints in respect of the Service you received in connection with your Voucher. Except as expressly set forth herein, all fees paid for Vouchers are non-refundable. Prices quoted for Vouchers are in the currency stated on the Website at the time prior to purchase.
10.4.4 If an Event which you have purchased a Voucher for is canceled by the Operator, Seamaui Borneo will notify you as soon as reasonably practicable, and will process a full refund to the credit card you used to purchase such Voucher.
10.5 Required Assistance
10.5.1 If you attempt to use a Voucher in accordance with this Terms of Use and the additional terms and conditions applicable to such Voucher and you are unable to do so (due to the fault of the Operator or otherwise), please contact Seamaui Borneo at info@seamauiborneo.com, and Seamaui Borneo will try to liaise with the Operator for an appropriate remedy.
10.6 Additional Charges
10.6.1 Seamaui Borneo reserves the right to require payment of fees or charges for any Services offered by Seamaui Borneo. You shall pay all applicable fees or charges, as described on this Website in connection with such Services selected by you.
10.7 Modifications to Charges
10.7.1 Seamaui Borneo reserves the right to change its price list for fees or charges at any time, upon notice to you, which may be sent to you by email or posted on this Website. Your use, or continued use, of the Services offered by Seamaui Borneo following such notification constitutes your acceptance of any new or revised fees or charges.
10.8 Seamaui Borneo Rights and Obligations
10.8.1 Seamaui Borneo reserves the right to deny and cancel bookings or purchases of any Services that are deemed in violation of this policy. Such a determination is at Seamaui Borneo sole discretion.
10.8.2 Seamaui Borneo intends to offer or procure the Operators to offer the Services to you at the best price available on the market. You acknowledge and agree that all taxes and additional fees for particular Services that may be payable for using the Services are expressly excluded in determining the best price.
10.8.3 Whilst the Operats are required to provide Seamaui Borneo with accurate and updated prices of the Services on this Website, Seamaui Borneo cannot guarantee that all prices for the Services provided by the Operators are accurate and updated at all times.
10.9 The above terms and conditions & return policies are appliable to all Seamaui Borneo users worldwide.
11. Discounts
11.1 Seamaui Borneo Credits
11.1.1 Seamaui Borneo Credits are points that are awarded to you and will be accumulated in your Seamaui Borneo Account until expiry. Points are awarded on the actual participated and unrefunded activities purchased from Seamaui Borneo platforms, based on the award program at the time of purchase. Except as otherwise stated, every ten (10) Seamaui Borneo Credits may be used to offset one Hong Kong Dollar (HK$1.00) of the total check out price. Conversion into any other currencies will be calculated based on the exchange rate Seamaui Borneo uses on the date of your purchase offset.
11.1.2 Seamaui Borneo Credits may be earned through the following means and the amount of Seamaui Borneo Credit received may vary with each purchase and is at the sole discretion of Seamaui Borneo: (a) rebates from previous purchases (b) earning through any means authorized by Seamaui Borneo at its sole discretion (c) submission of activity review after successfully completing any eligible Seamaui Borneo activities you purchased
11.1.3 You will only receive Seamaui Borneo Credits for the first ten activities you have reviewed in any calendar month. If you have completed the same activity more than once in the same month, you will only receive Seamaui Borneo Credits for the first review you have submitted for that activity.
11.1.4 All Seamaui Borneo Credits earned any time will expire 365 days after the last valid Seamaui Borneo Credits Eligible Transaction. A “Seamaui Borneo Credits Eligible Transaction” includes unrefunded purchase of any Services from Seamaui Borneo platforms, and other activities for which Seamaui Borneo Credits are awarded, such as leaving reviews for applicable Services. If any purchase is refunded, your Seamaui Borneo Credits will adjusted, and your Seamaui Borneo Credits will be valid from 365 days since your last Seamaui Borneo Credits Eligible Transaction. All expired Seamaui Borneo Credits will be forfeited and cannot be reinstated. For any Seamaui Borneo Credits earned on or before 30 June 2022, the 365-day period for the Seamaui Borneo Credit earning activity will start to count on 1 July 2022.
11.1.5 Booking and delivery fees and charges are not eligible for earning Seamaui Borneo Credits, nor can Seamaui Borneo Credits be used to redeem or deduct booking and delivery fees and charges
11.2 Seamaui Borneo Coupons
11.2.1 Seamaui Borneo Coupons are coupons with a one-time use and will not be returned if used that will be sent to your designated email address or applied directly to your Seamaui Borneo Account, which may be used in exchange for discounts of future bookings on the Seamaui Borneo Booking Platform. For the avoidance of doubt, once you have used the Seamaui Borneo Coupons on the Seamaui Borneo Booking Platform, such Seamaui Borneo Coupons will not be returned or refunded under any circumstances.
11.2.2 Seamaui Borneo Credits may be attained through the following means: (a) You may receive Seamaui Borneo Coupons through the Seamaui Borneo Referral Program, as further elaborated on in Clause 11; or (b) You may receive Seamaui Borneo Coupons by other authorized means as determined at Seamaui Borneo sole discretion.
11.3 Abuse of Discounts
11.3.1 In the event where it has come to Seamaui Borneo attention that the Seamaui Borneo Credits or Seamaui Borneo Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by Seamaui Borneo, Seamaui Borneo reserves the right to the following: (a) Termination of your Seamaui Borneo Account with immediate effect; or (b) Cancelation of all Seamaui Borneo Credits or Seamaui Borneo Coupons as previously accrued; or (c) Refusal of the provision of the Services to you; or (d) Any other measures as deemed appropriate by Seamaui Borneo at its sole discretion.
12. Seamaui Borneo Referral Program
12.1 The Program
12.1.1 On certain Seamaui Borneo Sites, Seamaui Borneo may offer members the chance to earn Seamaui Borneo Coupons, when they invite friends to become members of a Seamaui Borneo Site and those friends make a confirmed booking through an authorized Seamaui Borneo invitation channel (“Seamaui Borneo Authorized Channel”) (e.g. an invitation sent through Seamaui Borneo website, Facebook or another social media channel as supported by Seamaui Borneo).
12.2 Terms
12.2.1 You may only earn Seamaui Borneo Coupons via Seamaui Borneo authorized member invite mechanisms. Referrals outside of Seamaui Borneo Authorized Channel will not result in any Seamaui Borneo Coupons. You understand that Seamaui Borneo Coupons are not transferable, may not be auctioned, bartered or sold, and may not be pooled with other members.
12.2.2 You will only receive Seamaui Borneo Coupons for the first confirmed booking made by a friend who makes his or her first booking on the Seamaui Borneo Sites and subsequently completes his or her first booking as a result of an invite from you via a Seamaui Borneo Authorized Channel. If your friend does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Seamaui Borneo Coupons, and Seamaui Borneo will have no liability to you for your friend’s failure to follow directions.
12.2.3 You agree that having multiple Seamaui Borneo Accounts is a violation of this Terms of Use and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent the Seamaui Borneo Referral Program system may, without limiting any of Seamaui Borneo other rights or remedies, result in forfeiture of your membership and all Seamaui Borneo Coupons in your Seamaui Borneo Account.
12.2.4 You must not conduct your own promotion in connection with the Seamaui Borneo Referral Program. You may not engage in any promotional, marketing, or other advertising activities on behalf of Seamaui Borneo, including the use of any trademarks of Seamaui Borneo.
12.2.5 Seamaui Borneo reserves the right to void referrals and Seamaui Borneo Coupons earned if it is suspected that the referrals or Seamaui Borneo Coupons were earned in a fraudulent manner, in a manner that violates this Terms of Use or in a manner otherwise not intended by Seamaui Borneo.
12.2.6 Seamaui Borneo Coupons will be emailed to your designated email address within 24 hours of one of your qualifying invitees completing his or her confirmed booking on Seamaui Borneo website
12.2.7 Seamaui Borneo reserves the right to modify the values and rewards of the Seamaui Borneo Referral Program based on each user's activity.
12.2.8 Seamaui Borneo Referral Program is void where prohibited by law. Seamaui Borneo reserves the right to modify or terminate the Seamaui Borneo Referral Program at any time. Should there be any tax liability for the accumulation and/or use of Seamaui Borneo Coupons, such taxes are the sole responsibility of the participant. You understand that your Seamaui Borneo Account may not accurately reflect the Seamaui Borneo Coupons you have actually earned. Seamaui Borneo will have no liability for any errors displayed in your Seamaui Borneo Account.
13. Privacy Policy
13.1 Privacy Policy
13.1.1 For Seamaui Borneo policy relating to its use of of your personal data, please review Seamaui Borneo current Privacy Policy, which is hereby incorporated by reference to this Terms of Use. Your acceptance of this Terms of Use constitutes your acceptance and agreement to be bound by our Privacy Policy.
14. Indemnity
14.1 Seamaui Borneo Indemnification
14.1.1 You will indemnify and hold Seamaui Borneo, our holding companies, subsidiaries, affiliates, officers, directors and employees harmless from, including but not limited to all damages, liabilities, settlements, costs and attorney’s fees, claims or demands made by any third party due to or arising out of your access to this Website, use of this Website, your violation of this Terms of Use, or the infringement of any intellectual property or other right of any person or entity by you or any third party using your Seamaui Borneo User ID.
14.2 Seamaui Borneo Involvement
14.2.1 Seamaui Borneo may, if necessary, participate in the defense of any claim or action and any negotiations for settlement. You will not make any settlement that may adversely affect the rights or obligations of Seamaui Borneo without Seamaui Borneo prior written approval. Seamaui Borneo reserves the right, at its expense and upon notice to you to assume exclusive defense and control of any claim or action. *
15. Disclaimers and Limitation of Liability
15.1 Parties’ Relationship
15.1.1 Seamaui Borneo has no special relationship with or fiduciary duty to you for accessing and using this Website and the Content. You acknowledge that Seamaui Borneo has no control over, and no duty to take any action regarding: (a) Which users gain access to this Website; (b) What content you access via this Website; (c) What effects the Content may have on you; (d) How you may interpret or use the Content; and (e) What actions you may take as a result of having been exposed to the Content.
15.2 Services and Comments
15.2.1 You acknowledge and agree that the Operators may offer the Services on this Website, and that suggestions or recommendations may be given by the Operators or Users of this Website. Seamaui Borneo makes no representations or warranties regarding the accuracy of descriptions anywhere on the Services, or regarding suggestions or recommendations of the Services offered or purchased through this Website.
15.3 Exemption of Liability
15.3.1 In no event will Seamaui Borneo, this Website, or any of Seamaui Borneo holding companies, subsidiaries, affiliates, officers, directors and/or employees be liable for any loss of profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from: (a) This Website; or (b) This Terms of Use; or (c) Any breach of this Terms of Use by you or a third party; or (d) Use of this Website, tools or Services we provide related to the business we operate on this Website by you or any third party; or (e) Any actual or attempted communication or transaction between users, in each case, even if we have been advised of the possibility of such damages.
15.3.2 These limitations and exclusions apply without regard to whether the damages arise from: (a) Breach of contract; or (b) Breach of warranty; or (c) Strict liability; or (d) Tort; or (e) Negligence; or (f) Any other cause of action, to the maximum extent that such exclusion and limitations are not prohibited by applicable law.
15.3.3 This Website, including all content, software, functions, materials and information made available on or accessed through this Website, is provided on an "as is" basis. To the fullest extent permissible by applicable law, Seamaui Borneo makes no representations or warranties of any kind, either express or implied, including but not limited to the content on this Website or the materials, information and functions made accessible through this Website, for any of the Services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through this Website, or for Operator ability, fitness for a particular purpose, non-infringement, or that the use of the Services will be uninterrupted or error-free.
15.3.4 You acknowledge and agree that any transmission to and from this Website is not confidential and your communications may be read or intercepted by others. You further acknowledge and agree that by submitting communications to Seamaui Borneo and by posting information on this Website, including tours and/or activities, no confidential, fiduciary, contractually implied or other relationship is created between you and Seamaui Borneo other than pursuant to this Terms of Use.
15.3.5 You acknowledge and agree that you will not hold or seek to hold Seamaui Borneo responsible for the content provided by any Operator or third party and you further acknowledge and agree that Seamaui Borneo is not a party to any transaction in relation to the Services provided by any Operator or third party. Seamaui Borneo has no control over and does not guarantee the safety of any transaction, tours and/or activities or the truth or accuracy of any listing or other content provided by any Operator or third party on this Website.
15.4 Remedies
15.4.1 If you are dissatisfied with this Website, do not agree with any part of this Terms of Use, or have any other dispute or claim with or against Seamaui Borneo or another user of this Website with respect to this Terms of Use or this Website, your sole and exclusive remedy against Seamaui Borneo is to discontinue use of this Website.
16. Interaction with Third Parties
16.1 Links to Third Party Websites
16.1.1 This Website may contain links to third party websites or services (“Third Party Websites”) that are not owned or controlled by Seamaui Borneo, or the Services may be accessible by logging in through a Third Party Website. Links to Third Party Websites do not constitute an endorsement or recommendation by Seamaui Borneo of such Third Party Websites or the information, products, advertising or other materials available on those Third Party Websites.
16.1.2 When you access Third Party Websites, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Websites relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Terms of Use.
16.1.3 Seamaui Borneo has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Websites. In addition, Seamaui Borneo will not and cannot monitor, verify, censor or edit the content of any Third Party Website. By using the Services, you expressly relieve and hold Seamaui Borneo harmless from any and all liability arising from your use of any Third Party Website.
16.1.4 Your interactions with organizations and/or individuals found on or through the Services including but not limited to the Operators, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.
16.1.5 You should conduct whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
16.2 Seamaui Borneo Responsibility
16.2.1 You agree that Seamaui Borneo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Seamaui Borneo is under no obligation to become involved. In the event that you have a dispute with one or more other users or third parties, you hereby release Seamaui Borneo, its holding companies, subsidiaries, officers, directors, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
17. Payment
17.1 In order to ensure adequate operational support for customers in respect of refunds and cancelations (where applicable), the following Seamaui Borneo entities shall be responsible in respect of transactions conducted in all other currencies, Seamaui Borneo Sdn Bhd.
18. Termination
18.1 Termination by Seamaui Borneo
18.1.1 This Terms of Use shall remain in full force and effect while you use this Websites or the Services. Seamaui Borneo may terminate or suspend your access to the Services or your membership at any time, for any reason, and without notice, which may result in the forfeiture and destruction of all information associated with your membership. Seamaui Borneo may also terminate or suspend any and all Services and access to this Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Terms of Use.
18.2 Effects of Termination
18.2.1 Upon termination of your Seamaui Borneo Account, your right to use the Services, access this Website, and any Content will immediately cease. All provisions of this Terms of Use which, by their nature, should survive termination, shall survive termination, including but not limited to ownership provisions, warranty disclaimers, and limitations of liability.
18.2.2 If this Terms of Use is terminated as a result of your breach, Seamaui Borneo reserves the right to cancel any outstanding Vouchers you may have purchased prior to said termination, without refund or liability to you.
19. Passports, Visas & Insurances
19.1 Your Responsibilities
19.1.1 It is the responsibility of all passengers, regardless of nationality and destination, to check with the consulate of the country they are visiting for current entry requirements.
19.1.2 As visa and health requirements are subject to changes without notice, Seamaui Borneo recommends that you verify health and visa requirements with the appropriate consulate prior to departure. 19.1.3 Seamaui Borneo strongly recommends that you purchase a comprehensive travel insurance policy prior to departure.
20. Governing Law
20.1 This Terms of Use shall be governed by the laws of the Malaysia Administrative Region. You agree to submit to the non-exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
21. Miscellaneous
21.1 Severability
21.1.1 If any provision of this Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Terms of Use shall otherwise remain in full force and effect and enforceable.
21.2 Assignment
21.2.1 This Terms of Use is not assignable, transferable or sub-licensable by you except with Seamaui Borneo prior written consent. Seamaui Borneo may transfer, assign or delegate this Terms of Use and its rights and obligations without prior notice to you.
21.3 The Terms of Use have been drafted, and shall be construed, in the English language. Any translation of the Terms of Use is solely for reference only. In the event of inconsistency between the English language version and a translated version, the English language version of the Terms of Use shall always prevail.
22. Contact
22.1 Please contact Seamaui Borneo at info@seamauiborneo.com to report any violations of this Terms of Use or to pose any questions regarding this Terms of Use or the Service.
Privacy Policy
Seamaui Borneo ('Seamaui Borneo', 'we', 'us', 'our') are committed to protecting and respecting your personal data privacy and complying with data protection principles and provisions under applicable laws.
We may collect, process, use and disclose your information when you use this website www.Seamaui Borneo.com and/or the Seamaui Borneo App (together, 'Seamaui Borneo Platform') and the services offered by Seamaui Borneo or the third party operators (the'Operators') through Seamaui Borneo Platform (the 'Services') as described in this Privacy Policy. 'You' and 'your' when used in this Privacy Policy includes any person who accesses Seamaui Borneo Platform or use the Services.
This Privacy Policy sets out the basis and terms upon which Seamaui Borneo collects, processes, uses and/or discloses your information that is obtained from you when you access Seamaui Borneo Platform and/or use the Services. Such information may include personal information relating to or linked to a specific individual such as name, residential address, telephone number, email address, travel document information or any such information we have requested and you have provided through Seamaui Borneo Platform ('Personal Information').
Please read this Privacy Policy carefully. By visiting Seamaui Borneo Platform, you are consenting to the collection, processing, usage and disclosure of your Personal Information as set out in this Privacy Policy.
Scope of Terms
• Seamaui Borneo reserves the right to update, amend or modify the terms of this Privacy Policy or any part of it without prior notice, and your continued access of Seamaui Borneo Platform or use of the Services signifies your acceptance of the updated, amended or modified Privacy Policy, unless if the changes reduce your rights in which case we will ask for your consent. If you do not agree to all the terms and conditions in this Privacy Policy and/or any subsequent updates, amendments or modifications thereto, you must stop accessing or otherwise using Seamaui Borneo Platform and the Services.
• Accordingly, please visit this page if you wish to access and view the current version of this Privacy Policy.
Collection of Information
We may collect Personal Information about you that you provide to us while using Seamaui Borneo Platform and information about how you use Seamaui Borneo Platform including when you open your user account ('User Account'), visit Seamaui Borneo Platform or make reservations for any intended Services or using the Services. Providing your Personal Information to Seamaui Borneo is always on a voluntary basis. However, we might not be able to provide you with certain services if you choose not to give us your Personal Information. For example, we cannot open your user account or make reservations for you if we do not collect your name and contact details.
1) Opening Your User Account
When you open with us a User Account or amend any information of your User Account, we may collect your Personal Information, such as your name, email address, username, password and telephone number.
2) Visit Seamaui Borneo Platform, Making Reservations for the Services or Using the Services:
(a) When you visit Seamaui Borneo Platform (even you have not registered an User Account or logged in), make reservations for any intended Services or use the Services, we may collect and process certain information (which may contain your Personal Information or may contain non-personally identifiable information but nevertheless linked to your Personal Information) including but not limited to those set out below: Copies of correspondence (whether by e-mail, instant or personal messaging or otherwise) between you and us, and between you and the Operators;
(b) Details of your usage of Seamaui Borneo Platform (including traffic data, location data and length of user sessions);
(c) Feedback on and responses to surveys conducted by Seamaui Borneo relating to the Services and newsletters which may be published, circulated or distributed by Seamaui Borneo;
(d) Information automatically collected and stored in our server or the server of our third party services provider by using or accessing to Seamaui Borneo Platform (including the log-in name and password for your User Account, your computers Internet Protocol (IP) address, browser type, browser information, device information (including unique device identifier), pages visited, previous or subsequent sites visited).
3) When you use your mobile devices to visit Seamaui Borneo Platform, we may collect information about you and your mobile device as stated above. This can include location information if you have consented and configured your mobile device to send us such information or upload photos with location information to Seamaui Borneo Platform. Such location information will be used in the ways and for the purposes as stated in this Privacy Policy. For example, we may use your location to suggest nearby Services during your travel or provide personalised content. You can change your mobile device’s privacy settings at any time to deactivate the function of sharing location information. Please note some features of Seamaui Borneo Platform may be affected if you turn off such location sharing function. Should you have any enquiries about your mobile devices’ privacy settings, we recommend you contacting your mobile services provider or the manufacturer of your device.
If you make reservations for other individuals through Seamaui Borneo Platform, we may request personal information about such individual. You must obtain all requisite consent of such individuals and ensure they are aware of, understand and accept this Privacy Policy prior to providing their personal data to Seamaui Borneo.
Storage of Information
The Personal Information and other data we collect from you may be transferred to, processed, and stored in our servers or the servers of our third party services providers. Your Personal Information will be stored as long as is necessary to fulfil any of the purposes described in this Privacy Policy, or to comply with any (i) contractual requirement that are necessary for the provision of the Services, and (ii) legal, tax or accounting requirement.
When it is no longer necessary for us to process your Personal Information, we will either delete or anonymise the data or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information.
We will endeavor to anonymise or aggregate your data if we intend to use it for analytical purposes or trend analysis.
Seamaui Borneo will use reasonable endeavours to maintain appropriate physical, electronic and organisational procedures to ensure that your Personal Information and other data is treated securely and in accordance with this Privacy Policy, and to protect such data against unauthorized access or unauthorized alteration, disclosure or destruction of data.
Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. Seamaui Borneo does not give any representation, warranty or undertaking that the Personal Information you provide to us will be secure at all times, and to the extent Seamaui Borneo has fulfilled its obligations under no circumstances shall Seamaui Borneo be responsible for any losses, damages, costs and expenses which you may suffer or incur arising from unauthorised access to or use of your Personal Information.
All payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using online encryption technology. You are responsible for keeping your chosen password confidential and not to share your password with any third party.
Usage of Information
We process the Personal Information collected in as far as necessary for performance of the contract with and providing services to you. Besides, we process the other Personal Information collected on the basis of our legitimate interests, which are the further improvement of the services and for direct marketing purposes.
For example, Seamaui Borneo will use Personal Information and other data collected through Seamaui Borneo Platform or when making purchases for the Services to create your User Account, to provide you with the Services, to continually improve Seamaui Borneo Platform and the Services, and to contact you in relation to the Services. This includes using your Personal Information or such other data to achieve faster purchase requests, better customer support and to provide you with timely notice of new Services and special offers.
From time to time, we may also make use of your Personal Information to contact you for feedback on your use of Seamaui Borneo Platform, to assist us in improving Seamaui Borneo Platform, or to offer special savings or promotions to you, where you have indicated your consent to receiving such communications. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving them by replying to us through the hyperlink provided in these notices.
Disclosure of Information
We may from time to time share and disclose your Personal Information and other data to third parties, some of whom may be located outside your home country. The circumstances under which such sharing and disclosure will take place may include without limitation, the following:
1) To successfully complete your reservations or otherwise implement our Terms of Use. We may share your information with Operators or third parties who deliver or provide goods and services or otherwise act on our behalf.
2) If you are a visitor, to the relevant Operator in connection with a Services which you have made reservations for or intend to make reservations for.
3) If you are an Operator, to any visitor in connection with the Services you are offering.
4) To our third party service providers (including Google Analytics), which we engage amongst others for the performance of certain services on our behalf, such as web hosting services, data analysis, marketing, market research, and to otherwise provide you with customer service.
5) If and to the extent required by any applicable law, order of court or requests by any governmental authority to make such disclosure.
6) Within the Seamaui Borneo group of companies. In case of a corporate transaction, in connection with the sale, merger, acquisition, or other corporate reorganization or restructuring of our corporation, your Personal Information may be disclosed, shared or transferred to the new controlling entity or its authorised third party for carrying on our business.
7) To our advisors, agencies or other parties concerned in order to protect the rights and property of Seamaui Borneo.
8) In any other case, to any third parties with your prior written consent (and in which case we will make it possible for you to withdraw your consent as easily as it was to provide consent).
We may also share aggregate or anonymous information with relevant third parties, including our advertisers. Such information does not contain any Personal Information and will not identify you personally. However, in some occasions, these third parties may possess information about you or obtain your information from other sources. When they combine such information with our aggregate information, they may be able to identify you personally.
Your Personal Information may be transferred outside of your home country and outside of the European Union, for the abovementioned purposes. If such transfer takes place to a country that does not provide an adequate level of protection, Seamaui Borneo will use reasonable endeavours to ensure that appropriate safeguards are in place. Such safeguards include but are not limited to (i) standard contractual clauses of the European Commission; (ii) the EU-US and Switzerland-US privacy shield; and/or (iii) any other appropriate cross-border transfer mechanisms.
There may be links present on Seamaui Borneo Platform which could result in you leaving Seamaui Borneo Platform and/or being taken to other third party websites. You should note that any Personal Information that you provide to these third party websites are not subject to this Privacy Policy, and Seamaui Borneo is not liable for any losses, damages, costs or expenses which you may suffer or incur in connection with you providing or making available Personal Information or other data to such third party websites.
Cookies
Cookies are widely used in order to make websites work, or work more efficiently. When you visit our Website, we collect some of your Personal Information transmitted to us by your browser via cookies. This enables you to access Seamaui Borneo Platform and helps us to create better user experience for you. You will find more details about cookies and similar technologies that we use, in our Cookies Policy.
Your rights
You may at all times access, correct or erase your Personal Information through Seamaui Borneo Platform via the user portal, under “My Account”. Alternatively, you may make your data access, correction or erasure request by sending your request by email at info@seamauiborneo.com.
Where mandatory under applicable legislation, you may also request restriction of processing of your Personal Information or object to processing by sending your request or objection by email at info@seamauiborneo.com. You may also request a copy of the information that we hold about you by sending your request by email at info@seamauiborneo.com.
Please contact us via the contact details mentioned below if you have a complaint regarding the processing of your Personal Information.
When handling any of these requests described above, we have the right to check the identity of the requester to ensure that he/she is the person entitled to make the request.
Enquiries
If you have any questions about this Privacy Policy, please contact us by email at info@seamauiborneo.com.
Cookie Policy
At Seamaui Borneo, we strive to enhance your experience during your trip and using this Website. In general, we use cookies to manage the Website and improve your overall site experience.
Your data privacy and confidentiality are our top priority and we do our very best to safeguard the information you entrusted to us. For more information, you can review our Privacy Notice here. This section about cookies sets out the basis and terms upon which Klook uses cookies.
What are cookies?
Cookies are widely used in the Internet. They are small text files stored in your browser that contain basic information about your internet use, such as login details and your previous browsing records.
A cookie can be classified in terms of its (i) duration and (ii) the party who places it:
(i) Session cookies and Persistent cookies
The duration of cookies depends on whether they are session or persistent cookies.
Session cookies expire once the browsing session ends.
Persistent cookies are saved on your computer or mobile device for a fixed period of time. When you visit a website, your browser will retrieve these cookies so that the website will recognise your device and personalise your site experience according to your previous browsing records.
(ii) First-party cookies and Third-party cookies
We control and set the scope of first-party cookies whereas, we have no control over third-party cookies. Third-party cookies are operated by third-party sites in a different domain. Some pages of this Website contain third-party cookies in the form of embedded content, such as JavaScript and API.
Why do we use cookies?
We are committed to providing you with a safe, efficient and customised service. To reach this goal, we use cookies to:
ensure the efficient functioning of this Website;
evaluate how this Website is accessed and used;
analyse what destinations are popular among visitors;
determine your eligibility for campaigns and promotions;
recommend the places that match your interests; and
improve the content of this Website and enhance user's experience.
We will ensure that cookies will not be used for any purpose other than those described here.
What types of cookies do we use?
We use four types of cookies, namely "Strictly necessary cookies", "Essential cookies," "Analytics cookies", and "Advertising cookies". Further information on these cookies is set out in the table below:
Cancellation Policies
- Free Cancellation 7 days before the tour commence.
- Less than 7 days or no show, full 100% charges.
- When the tour is commencing, there is No Cancellation or Refund of this tour even it is raining.
- Any cancellation within 24 hours from tour date is regarded as “Last Minute Cancellation” or “No Show” will be 100% chargeable.