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Terms and Conditions | SOTA

TERMS OF USE

THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE AN AGREEMENT BETWEEN YOU AND SOTA INTERNATIONAL SDN BHD (HEREINAFTER REFERRED TO AS “SOTA”, “WE” OR “OUR” OR “US”), THE OPERATOR OF SOTA.TRAVEL (HEREINAFTER REFERRED TO AS “WEBSITE”) WHICH ENABLES YOU TO UTILISE THE WEBSITE (HEREINAFTER REFERRED TO AS “SERVICES”) THESE TERMS OF USE TOGETHER WITH OUR PERSONAL DATA PROTECTION NOTICE AT [www.sota.travel] (WHICH IS INCORPORATED HEREIN BY REFERENCE) (“COLLECTIVELY REFERRED TO AS “AGREEMENT”)APPLY TO YOUR ACCESS AND THE USE OF THE WEBSITE AND THE SERVICES. BY ACCESSING ANY PAGE OF THIS WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS WITHOUT LIMITATION OR QUALIFICATION. IF YOU CHOOSE NOT TO ACCEPT THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY DISCONTINUE YOUR ACCESS TO THIS WEBSITE AND/OR USE OF THE SERVICES.
FROM TIME TO TIME, WE MAY NEED TO REVISE THESE TERMS AND CONDITIONS, IN WHICH CASE WE WILL POST THE REVISED TERMS AND CONDITIONS ON THIS WEBSITE. IF YOU CHOOSE TO CONTINUE USING THIS WEBSITE AFTER ANY REVISION TO THESE TERMS AND CONDITIONS, YOU SHALL BE DEEMED TO HAVE ACCEPTED THE REVISED TERMS AND CONDITIONS ACCORDINGLY.

1. Membership

In order to use the Services, you are required to sign up for a SOTA membership with us. Once you have signed up for a membership, you are required to purchase SOTA credits which will enable you to activate your account with us and manage your travel products/service/packages (hereinafter referred to as “Packages”) together with customer enquiries and e-invoices.

2. Services

The functions and features of the Services enable you to upload or make available your Packages to customers through the Website or subscribe to third party e-market places such as Tourism Malaysia, MATTA.Travel, STAR Media.

SOTA reserves the right to suspend and/or terminate your account at any time which will result in your inability to use the Services.

3. Payment

You are required to purchase SOTA credits at the time you activate your SOTA account. The credits purchased shall be used to pay the subscription fees for the Website and/or the hosting fee for the Services.

4. Content

You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated.

You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using the Services and Website and for any consequences thereof (including without limitation infringement of third parties’ intellectual property rights). SOTA reserves the right to pre-screen, flag, filter, refuse, move or disable any Content, web site, account, database, or other component that is offensive, indecent, objectionable or does not comply with these terms and conditions, at our sole discretion and without notice. SOTA also reserves the right to make any such modifications in an emergency at our sole discretion.

You shall effect and maintain adequate back up data in respect of any loss or damage to Content stored on the Services. You agree that SOTA has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted through the Services. It is therefore strongly advised to backup all of your Content on a regular basis depending on how often you update your Content on the Website.

5. Use of Services and Website

SOTA grants you a limited right to use the Services and Website in accordance with the terms and conditions of this Agreement. The Services and the content provided in the Website, including the text, graphics, button icons, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of SOTA, and/or its third party providers and distributors, except that you may download, display and print the materials presented on the Services and Website for your personal, non-commercial use only. You agree that you will not (a) use any “robot,” “spider” or other automatic device, or a programme, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the data or content found on the Services and Website, in any case without the prior written permission of SOTA; (b) transmit or otherwise transfer any data or content found on the Services and Website to any other computer, server, web site, or other medium for mass distribution or for use in any commercial enterprise; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services and Website; (d) take any action that imposes a burden or load on our infrastructure that SOTA deems in its sole discretion to be unreasonable or disproportionate to the benefits SOTA obtains from your use of the Services and Website; (f) post unsolicited advertising or promotional material.

Unauthorised use of the Services, Website, Content and/or other materials contained in the Services and Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from such posting or transmission of information.

6. Your Personal Information

We collect and process your personal data in accordance with the personal data protection notice at SOTA.travel and you hereby consent to the processing of your personal data in accordance with the said notice.

7. Support

It may be necessary for us to perform scheduled or unscheduled repairs or maintenance, or remotely patch or upgrade the Services and/or the Website, which may temporarily degrade the quality of the Services and/or the Website or result in a partial or complete outage of the Services and/or the Website. In this regard, we will not be liable to you or any third party for any such degradation in the quality or outage of the Services and/or the Website.

Support service is delivered within support response time by telephone or mail depending on the problem and urgency. Support service is only available during SOTA standard working hours from Monday to Friday, 9.00am to 6.00pm (GMT +08:00), excluding weekends and observed Malaysian Holidays.

8. Ownership

The Services, and each of its modules, together with the arrangement and compilation of the content found on the Services, is the copyrighted property of SOTA and/or its various third party providers and distributors. In addition, the trademarks, logos and service marks displayed on the Services (collectively, the “Trademarks”) are registered and common law Trademarks of SOTA, its affiliates, and various third parties. Nothing contained on the Services should be construed as granting, by implication, or otherwise, any license or right to use any of the Trademarks without the written permission of SOTA, or such other party that may own the Trademarks.

9. Indemnification

You shall defend and indemnify SOTA and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, arising out of your access or use of the Services, Website and Content. You also indemnify us against any claims that information or material which you have submitted to us via the Services is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of infringement of copyright or infringement of other intellectual property right).

10. Disclaimer

We, our parent company, subsidiaries, related entities, employees and our suppliers does not provide any warranty in respect of the accuracy, completeness, currency and reliability of the Content or data found in the Services. The Services and Website is provided “as is” and without any warranty or condition, express, implied or statutory to the maximum extent permitted by law. We, our parent company, subsidiaries, related entities, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to the maximum extent permitted by law. SOTA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Website or in downloading of any materials, data, text or images from the Website.

11. Limitation of Liability

SOTA assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Services and/ Website or in downloading of any materials, data, text or images from the Services and/or Website.

In no event shall we, our parent company, subsidiaries, employees or our suppliers be liable for any special, exemplary, punitive, indirect, incidental or consequential damages of any kind whether based in contract, tort, strict liability, or otherwise, arising out of in connection with the Website, the Services, the Content or this Agreement. These exclusions apply to any claims for loss of profits, loss of data, loss of goodwill, computer failure or malfunction, any other commercial damages or losses even if we knew or should have known of the possibility of such damages.

If, notwithstanding the foregoing, we, our parent company, subsidiaries, employees or our suppliers is found liable for any loss or damage which arises out of or is in any way connected with the Website, the Services, the Content or this Agreement, the liability of SOTA, its parent company, subsidiaries, employees or its suppliers shall in no event exceed, in the aggregate, the lesser of (a) fees paid by you for the twelve (12) months period immediately preceding the date the cause of action arose, or (b) US$100.00.

12. Termination

SOTA may terminate and/or suspend your account, the provision of any of the Services or this Agreement at any time for any reason, including any improper use of the Services or your failure to comply with these terms and conditions. Such termination shall not affect any rights that are available to SOTA, its third party providers and distributors at law or in equity. Upon termination of this Agreement and these terms and conditions, all rights granted to you will terminate and revert to SOTA and its third party providers or distributors, as applicable.

13. Governing Law

This Agreement and its performance shall be governed by the laws of Malaysia. You consent and submit to the exclusive jurisdiction of the courts of Malaysia, in all questions and controversies arising out of this Agreement, your use of the Services and/or the Website.

14. Solicitor’s Fees

If SOTA or its affiliates take any action to enforce this Agreement and these terms and conditions, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary solicitor’s fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.

15. Injunctive Relief

You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to SOTA as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that SOTA shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by SOTA in obtaining such an injunction, including, without limitation, reasonable solicitor’s fees. You agree that no bond or other security shall be required in connection with such injunction.

16. Assignment

You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

17. Severability

These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

18. Headings

The headings used in this Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.

19. Entire Agreement

This Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Services and/or Website.