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Online Store User's Guide
User Agreement
Table of
Contents
Part 1 General
Terms and Conditions
Introduction and Acceptance of Terms
This User Agreement ("Agreement") is
made between www.vision-time.com ("VisionTime")
which owns and operates the internet sites with the URL: www.VisionTime.com
("the Web Site") and you who access and/or visit or cause to access and/or
visit the Web Site ("you/your").
Your usage, access, visit or shopping at the Web
Site is on express condition that you accept without variation the
terms and conditions set out herein. The information contained in these
web pages may be amended by us from time to time without notice to you. You
need to review these web pages each time you use these Sites.
Your usage, access, visit or shopping at
this site constitutes your agreement to all the terms and conditions in force
for the time being as set out herein. If you do not agree to any part of
the following terms or conditions, you must not use these Sites.
1. YOUR OBLIGATIONS.
You agree to :
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to bear full financial responsibility for all uses of these Sites by
you and those using your login and credit card information, including
but not limited to minors living with you and to supervise all usage
by such minors of these Sites;
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to use the information available on or from these Sites for
non-commercial use and information purposes only. Any unauthorized
commercial use of the information or services provided through these
Sites is expressly prohibited;
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not to use these Sites in a way which interferes with its
availability for other users;
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not to use the account of any other member's,
without the express permission of the account holder;
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not to use these Sites to make any speculative, false or fraudulent
booking/reservation or any booking/reservation in anticipation of
demand.
2. REPRESENTATIONS WARRANTIES.
You fully represent and warrant that:
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you are of sufficient legal age to use these Sites in accordance
with all terms and conditions herein and to create binding legal
obligations for any liability you may incur as a result of the use of
these Sites;
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all information supplied by you in using these Sites are complete,
true and accurate;
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you shall not post or transmit any unlawful, threatening, libelous,
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.
3. SOFTWARE AND COPYRIGHT
These Sites and all content on these Sites
("the Content") is the property of VisionTime.Com and/or
it’s third party providers, fulfillment providers, other
product suppliers or independent supplier(s)
("Suppliers") or the party credited as the provider of such
Content. VisionTime.Com retains all rights (including, but not limited
to trademark rights, copyright and patent rights) with respect to all
software and underlying information or material available through these
Sites.
The Content is intended solely for your personal,
non-commercial use. You may not copy, print, reproduce, reengineer,
disassemble, upload, download, store, display in public, alter or modify,
publish, transmit, participate in the transfer or sale of, reproduce
(except as provided herein), create derivative works from, distribute,
perform, display or in any way exploit, any of the Content, in whole or in
part.
You are not to download or otherwise export or
re-export any software or underlying information or material available
through these Sites, except to the extent that such downloading occurs in
the course of using these Sites in accordance with our written
instructions or otherwise as expressly permitted in this Agreement. All
rights not expressly granted herein are reserved. This clause shall
survive any termination of this Agreement.
4. DISCLAIMER
Your use of these Sites is at your sole risk. These Sites (including
the products and services) is provided on an "as is" basis and
you assume total risk and responsibility for your use of these Sites.
To the maximum extent permitted by law, VisionTime.Com assume no
responsibility whatsoever and howsoever and specifically disclaims all
warranties, express or implied, in respect of these Sites including, but
not limited to, merchantability, fitness for a particular purpose,
non-infringement of intellectual property or other proprietary rights or
compatibility between these Sites and any software or hardware.
The information contained in these Sites is subject to change without
notice.
VisionTime.Com neither warrants nor makes any representations
regarding the accuracy or completeness, quality or adequacy of these Sites
or of any of the data or information contained in these Sites or that the
use of these Sites will be timely, uninterrupted, secure or error free or
that any information, data, content, software or other material accessible
through these Sites will be free of bugs, viruses, worms, trojan horses or
other harmful components. VisionTime.Com will not be responsible for
any loss resulting from your reliance on any information provided on these
Sites.
5. LIMITATION OF LIABILITY
VisionTime.Com ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE
FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR
OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS
SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR
AUDIO FROM THE SITE. IN NO EVENT SHALL VisionTime.Com NOR ITS
SUPPLIERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL,
EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT
OF OR IS IN ANY WAY CONNECTED WITH
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ANY USE OF THIS SITE OR CONTENT FOUND HEREIN,
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ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR
INABILITY TO USE ANY COMPONENT OF THIS SITE FOR BOOKING/RESERVATIONS
OR TICKETING), OR
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THE PERFORMANCE OR NON PERFORMANCE BY VisionTime.Com OR ANY SUPPLIER(S)
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO
SUCH PARTIES OR ANY OTHER PARTY.
Notwithstanding anything contained in this Agreement, the liability of
VisionTime.Com and/or its Suppliers and their officers, directors,
employees and agents shall in no event exceed, in the aggregate, United
States Dollars Fifty Only.
6. ACKNOWLEDGEMENT
Your acceptance of the entire terms and conditions of
VisionTime.Com as set out in this Agreement and in particular, Clauses
4 and 5, are fundamental elements of the basis of the bargain between you
and VisionTime.Com, and you agree that VisionTime.Com would not
otherwise be able to offer the products and services on its present basis
without your acceptance of such terms and conditions. This clause shall
survive any termination of this Agreement.
7. FORCE MAJEURE
VisionTime.Com will not be held liable or any damages or loss
arising from any events which are beyond the reasonable control of
VisionTime.Com or any of its Suppliers. Such an event shall include
Acts of God, earthquakes, typhoons, flood, natural disaster or fire,
strikes, dangers incidental to sea, land and air travel, government
action, compliance with any laws, regulations or orders, default of any
Suppliers, civil war, industrial disputes, power failure, hardware and or
system failure, malfunction or breakdown, failure of internet transmission
or links, system hacking, software contamination, or corruption, howsoever
caused.
8. RESTRICTION/ CANCELLATION OF SERVICE
VisionTime.Com may, at any time and at its sole discretion and
without cause or notice, terminate or restrict your access to any
component of these Sites or refuse to give effect to any booking or
booking/reservation requested by you, terminate your password, account (or
any part thereof) or use of these Sites, and remove and discard any
Content within these Sites, without being required to give any reasons or
advance notice to you.
Further, you agree that VisionTime.Com shall not be liable to you
or any third-party for any termination of your access to these Sites.
9. INDEMNITY
You shall indemnify and keep VisionTime.Com and/or any of its
Suppliers and their officers, directors, employees and agents indemnified
against all claims, demands, actions, proceedings made or brought against
VisionTime.Com arising from your use of these Sites and/or any breach
of any term or condition by you.
10. LINKS TO THIRD PARTIES
These Sites may contain hyperlinks to web sites operated by third
parties. The inclusion of hyperlinks to any such web sites does not imply
VisionTime.Com's endorsement of such web sites nor any association
with their operators. VisionTime.Com is not responsible for the
contents of other web sites. linking to any hyperlinked web sites is done
at your own risk and subject to the specific terms and conditions (if any)
of such hyperlinked sites.
These Sites also may contain advertisements by third parties. Unless
otherwise specifically stated on these Sites, we do not endorse or make
any representation or warranty regarding the liability or quality or
accuracy of any products or services featured in, or linked to any
advertisements that appears on these Sites.
11. VARIATIONS
VisionTime.Com reserves the right to change the terms, conditions,
and policies under which VisionTime.Com’s products and services are
offered. You are responsible for regularly reviewing these terms and
conditions including such additional, modified or varied terms posted from
time to time.
Your continued use of these Sites shall constitute your acceptance of the
terms and conditions, as modified.
12. SEVERABILITY
Any provision of this Agreement which is invalid, prohibited or
unenforceable shall:
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be ineffective to the extent of the invalidity, prohibition or
unenforceability;
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not invalidate the remaining provisions of this Agreement; and
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such provision shall nonetheless be applicable or enforceable to the
fullest extend permitted by law.
13. RELATIONSHIP BETWEEN THE PARTIES
No joint venture, partnership, employment or agency relationship exists
between you and VisionTime.Com as a result of this Agreement of your
use and/or access, visit or shopping at these Sites.
14. ADDITIONAL/SPECIFIC TERMS AND CONDITIONS
Additional terms and conditions and policies posted on these Sites may
apply to your booking/reservations and purchase of VisionTime.Com's
products and services and use of other components of the Sites and you
agree to abide by these terms, conditions and policies and other
components of these Sites.
15. NON-ASSIGNMENT
You may not assign, convey, sub-contract, delegate or substitute
howsoever your rights, duties or obligations hereunder the Agreement.
16. MODIFICATION
VisionTime.Com may at any time modify these terms and conditions
without notice to you and your usage of these Sites shall be conditioned
upon the terms and conditions in force at the time of your use.
17. ENTIRE AGREEMENT
This Agreement (including Parts 1 to 5) constitute the entire agreement
between the parties in respect of its subject matter and supersedes all
prior understandings or agreements (whether oral or written) regarding the
subject matter and may not be amended or modified except by us herein.
18. GOVERNING LAW
This Agreement and its performance shall be governed by
and construed in accordance with the laws of Malaysia.
Part 2 TERMS AND CONDITIONS OF PURCHASE
Please note that the purchase/reservation and purchase of all our
products and services (collectively referred to as "the Products") are subject to the following terms and conditions AND
other terms imposed by our third party providers, fulfillment providers,
other products and independent supplier(s)
("Supplier") from time to time ("Supplier Terms").
By effecting a purchase of the Products through these Sites, you
expressly agree to be bound by terms and conditions herein and the
Supplier Terms.
1. CHANGES TO RATES
The rates quoted in respect of the Products are subject to
change without notice.
2. REMOVAL OF PRODUCTS
VisionTime.Com reserves the right at any time and from time to time
to remove, modify or discontinue, temporarily or permanently the Products (or any part thereof) with or without notice. You agree that
VisionTime.Com
shall not be liable to you or to any third party in any
way for any modification suspension or discontinuance of the Products.
3. RESERVATIONS
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VisionTime.Com and their Suppliers are entitled at their
discretion to refuse and/or decline to accept any purchase or
reservation placed through these Sites.
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You are responsible for your online purchase or
reservations made. VisionTime.Com will not
be held liable nor entertain a refund of any nature should you book or
purchase a Product that is not suitable.
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If you have any special requests these will be passed on to the
relevant Suppliers but cannot be guaranteed by VisionTime.Com.
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Unless otherwise stated, all purchases or reservations are
non-exchangeable and non-transferable.
4. NON-AVAILABILITY
All Products offered on these Sites are subject to availability
and acceptance, at the discretion of the Supplier of such product or
service.
In the event a Product booked by you is not available, VisionTime.Com shall use its reasonable endeavours to suggest an
alternative product or service of similar pricing and quality.
Where the Product is either not available or our suggested
alternative (where applicable) is not acceptable to you but is
nevertheless fully paid, we shall make a refund in accordance with our
Refund Policy.
If you fail to accept our suggested alternative Product by the
specified deadline, we reserve our right to cancel our tentative booking
of the same.
5. CANCELLATIONS All cancellations are subject to the current cancellation policies in
force stipulated by the Suppliers and VisionTime.Com. You are liable
for any additional charges or expenses imposed by the Suppliers and
VisionTime.Com in respect of such changes or cancellation.
7. REFUND POLICY
In the event you decide to cancel your booking/reservation, you may be
entitled to a refund depending on the current policy in force of
VisionTime.Com.
8. VALIDITY OF CREDIT
CARD
Submission of a booking/reservation or a booking/reservation request by
you shall be deemed to be IRREVOCABLE AUTHORISATION by you to
VisionTime.Com for VisionTime.Com
to check the validity of the
credit card details submitted and the outstanding credit limit through
whatsoever means.
9. FORCE MAJEURE
Neither VisionTime.Com nor the Supplier shall be liable for damages
of any kind arising out of changes to the rates, route, timetable,
itinerary in respect of the Product due to unforeseen circumstances
or circumstances beyond our control.
10.CONFLICT
In the event of any conflict between the provisions of this User
Agreement (including Parts 1 to 5) and the Supplier’s Terms, the
Supplier’s Terms shall prevail over this User Agreement.
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